Statutory Instruments
2011 No. 1551
National Health Service, England
The Care Quality Commission (Additional Functions) Regulations 2011
Made
19th June 2011
Laid before Parliament
24th June 2011
Coming into force
1st August 2011
The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by sections 59(1) and 161(3) of the Health and Social Care Act 2008(1).
Citation, commencement and interpretationI1
1.—(1) These Regulations may be cited as the Care Quality Commission (Additional Functions) Regulations 2011 and shall come into force on 1st August 2011.
[F1 (2) In these Regulations, “the 2019 Directions” means the High Security Psychiatric Services (Arrangements for Safety and Security) Directions 2019. F1]
Review of decision to withhold an item delivered or brought to a high security hospital for a patientI2
2.—(1) The Care Quality Commission shall review a decision made under [F2direction 21(3) of the 2019 DirectionsF2] (items delivered or brought to hospital premises for patients) to withhold an item if an application to review that decision is made by the intended recipient of the item within six months beginning with the day on which that person receives the information set out in [F3direction 21(4)(c)F3] of those Directions.
(2) On an application under paragraph (1) the Care Quality Commission may direct that the item which is the subject of the application shall not be withheld.
Review of decision to withhold internal post in high security hospitalsI3
3.—(1) The Care Quality Commission shall review a decision made under direction 27(3) of [F4the [F5 2019 DirectionsF5,F4]] (internal post) to withhold internal post, or an item included in such post, if an application to review that decision is made by the sender or the intended recipient of the post or item within six months beginning with the day on which that person receives the information set out in direction 27(4)(b) of those Directions.
(2) On an application under paragraph (1) the Care Quality Commission may direct that the post or item which is the subject of the application shall not be withheld.
Review of decisions to record and monitor telephone calls in high security hospitalsI4
4.—(1) The Care Quality Commission shall review a decision made in accordance with [F6direction 33(5) of the 2019 DirectionsF6] (monitoring telephone calls) that a patient’s telephone calls will be monitored and recorded if an application to review that decision is made by the patient within six months beginning with the day on which that person receives the information set out in [F7direction 33(6)(b)F7] of those Directions.
(2) On an application under paragraph (1) the Care Quality Commission may direct that the recording and monitoring of the patient’s telephone calls [F8pursuant to [F9 direction 33(5) and (6) of the 2019 DirectionsF9,F8]] shall cease.
[F10Provision of training, guidance and support to bodies and individuals
4A.—(1) The Commission has the function of providing training, guidance and support to the following in connection with the matters referred to in paragraph (2)—
(a) bodies which exercise functions in connection with relevant activities (“relevant bodies”); and
(b)individuals employed or appointed, or formerly employed or appointed, by relevant bodies.
(2) The matters mentioned in paragraph (1) are the raising or making, by those individuals, of concerns, or suggestions for improvements, including the handling of such concerns or suggestions, in relation to the exercise of functions in connection with relevant activities by relevant bodies by which those individuals are, or were formerly, employed or appointed.
(3) In this regulation—
“ bodies ” means bodies of persons corporate or unincorporated;
“ employed ” is to be construed in accordance with regulation 2(1) of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 ;
“ relevant activities ” means the provision of NHS care or the carrying on of regulated activities involving or connected with the provision of health care. F10]
RevocationI5
5. The Care Quality Commission (Additional Functions) Regulations 2009(2) are revoked.
Signed by authority of the Secretary of State for Health.
Paul Burstow
Minister of State,
Department of Health
19th June 2011
2008 c.14. See the definition of “regulations” in section 97(1).