C2C3C4C5C6C7C11C13 Part II Establishments and agencies
Pt. 2: functions transferred (20.11.2003 for certain purposes and 1.4.2004 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 102(1)-(3), 199; S.I. 2004/759, art. 5(2)
Pt. 2 modified (W.) (30.4.2003) by The Care Standards Act 2000 (Commencement No. 10) and Transitional Provisions (Wales) Order 2003 (S.I. 2003/152), art. 3
Pt. 2 applied (with modifications) (E.) (31.8.2004) by The Adult Placement Schemes (England) Regulations 2004 (S.I. 2004/2071), reg. 40(2), Sch. 5
Pt. 2 applied (with modifications) (W.) (1.8.2004) by The Adult Placement Schemes (Wales) Regulations 2004 (S.I. 2004/1756), reg. 3(3), Sch. 1
Pt. 2: functions transferred (8.11.2006 for certain purposes and 1.4.2007 otherwise) by Education and Inspections Act 2006 (c. 40), ss. 148(1), 188(3); S.I. 2007/935, art. 5
Pt. 2 applied (with modifications) (1.4.2017) by The Private Dentistry (Wales) Regulations 2017 (S.I. 2017/202), regs. 1, 39, Sch. 4
Pt. 2 applied in part (with modifications) (E.) (28.4.2023) by The Supported Accommodation (England) Regulations 2023 (S.I. 2023/416), regs. 1(2), 43(1), Sch. 4 (with reg. 44)
Miscellaneous and supplemental
I1C1031 Inspections by persons authorised by registration authority.
1
The registration authority may at any time require a person who carries on or manages an establishment or agency to provide it with any information relating to the establishment or agency which the registration authority considers it necessary or expedient to have for the purposes of its functions under this Part.
F11A
The power under subsection (1) to require the provision of information includes—
a
power to require the provision of copies of any documents or records (including medical and other personal records); and
b
in relation to records kept by means of a computer, power to require the provision of the records in legible form.
2
A person authorised by the registration authority may at any time enter and inspect premises which are used, or which he has reasonable cause to believe to be used, as an establishment or for the purposes of an agency.
3
A person authorised by virtue of this section to enter and inspect premises may—
a
make any examination into the state and management of the premises and treatment of patients or persons accommodated or cared for there which he thinks appropriate;
F6b
inspect and take copies of any documents or records (including medical and other personal records) required to be kept in accordance with regulations under this Part, section 9 of the Adoption and Children Act 2002, section 22C or 59(2) of the 1989 Act, section 1(3) of the Adoption (Intercountry Aspects) Act 1999 or section 81 of the Social Services and Well-being (Wales) Act 2014;
c
interview in private the manager or the person carrying on the establishment or agency;
d
interview in private any person F2working there;
e
interview in private any patient or person accommodated or cared for there who consents to be interviewed.
4
The powers under subsection (3)(b) include—
a
power to require the manager or the person carrying on the establishment or agency to produce any documents or records, wherever kept, for inspection on the premises; and
b
in relation to records which are kept by means of a computer, power to require the records to be produced in a form in which they are legible and can be taken away.
5
Subsection (6) applies where the premises in question are used as an establishment and the person so authorised—
C8a
is a medical practitioner or registered nurse; and
b
has reasonable cause to believe that a patient or person accommodated or cared for there is not receiving proper care.
6
The person so authorised may, with the consent of the person mentioned in subsection (5)(b), examine him in private F3....
The F4power conferred by this subsection may be exercised in relation to a person who is incapable of giving consent without that person’s consent.
C1C9C127
The Secretary of State may by regulations F5require the CIECSS to arrange for premises which are used as an establishment or for the purposes of an agency to be inspected on such occasions or at such intervals as may be prescribed.
8
A person who proposes to exercise any power of entry or inspection conferred by this section shall if so required produce some duly authenticated document showing his authority to exercise the power.
9
Any person who—
a
intentionally obstructs the exercise of any power conferred by this section or section 32; or
b
fails without a reasonable excuse to comply with any requirement under this section or that section,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Pt. 2 restricted (7.12.2004) by Adoption and Children Act 2002 (c. 38), ss. 2(4), 148 (with Sch. 4 paras. 1, 6-8); S.I. 2004/3203, art. 2