PART 11Miscellaneous
Duties to co-operate
288Monitor: duty to co-operate with Care Quality Commission
I31
F2NHS England must co-operate with the Care Quality Commission in the exercise of their respective functions.
2
In particular F3NHS England must—
I3a
I10b
make arrangements with the Commission to ensure that—
i
a person applying both for a licence under Chapter 3 of Part 3 and to be registered under the Health and Social Care Act 2008 may do so by way of a single application form,
ii
such a person is granted a licence under that Chapter and registration under that Act by way of a single document, and
I14c
seek to secure that the conditions included in a licence under that Chapter in a case within paragraph (b) are consistent with any conditions on the person's registration under that Act.
F12A
In subsection (2)(a) “relevant information” means information held by NHS England in connection with—
a
b
its functions under section 27A of the National Health Service Act 2006 Act (NHS trusts: oversight and support).
F5I103
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I104
In subsection (2), references to registration under the Health and Social Care Act 2008 are references to registration under Chapter 2 of Part 1 of that Act.
289Care Quality Commission: duty to co-operate with Monitor
I4I11I151
Section 70 of the Health and Social Care Act 2008 (co-operation between the Commission and the Independent Regulator of NHS foundation trusts) is amended as follows.
I52
For subsection (1) substitute—
1
The Commission must co-operate with Monitor in the exercise of their respective functions.
I6I153
For subsection (2) substitute—
2
In particular the Commission must—
a
give Monitor any information the Commission has about the provision of health care which the Commission or Monitor considers would assist Monitor in the exercise of its functions,
b
make arrangements with Monitor to ensure that—
i
a person applying to be both registered under Chapter 2 and for a licence under the Health and Social Care Act 2012 may do so by way of a single application form, and
ii
such a person is granted a registration under Chapter 2 and a licence under that Act by way of a single document, and
c
seek to secure that the conditions on a registration under Chapter 2 in a case within paragraph (b) are consistent with the conditions included in the person's licence under that Act.
4
In subsection (3)—
I12b
for “an NHS foundation trust” substitute “a person who holds a licence under the Health and Social Care Act 2012”.
I125
After that subsection insert—
4
In this section, a reference to a licence under the Health and Social Care Act 2012 is a reference to a licence under Chapter 3 of Part 3 of that Act.
I7I156
In the heading of that section, for “Independent Regulator of NHS Foundation Trusts” substitute “Monitor”.
C4290I1Other duties to co-operate
F6C1I81
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C1I82
The Care Quality Commission and each relevant body must co-operate with each other in the exercise of their respective functions F7(including any functions that consist of exercising the functions of other persons).
3
The relevant bodies are—
I13b
the National Institute for Health and Care Excellence,
F14c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15ca
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I8d
Special Health Authorities which have functions that are exercisable in relation to England.
I84
The Secretary of State may by order amend subsection (3) so as to add to the list of relevant bodies a body that has functions relating to health.
F9I85
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10I86
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I87
For the purposes of this section and section 291, the functions of a Special Health Authority include such functions as it is directed to exercise under section 7 of the National Health Service Act 2006 (directions by Secretary of State).
I88
References in this section and section 291 to functions are references to functions so far as exercisable in relation to England.
I9291I2Breaches of duties to co-operate
1
If the Secretary of State is of the opinion that bodies subject to a relevant co-operation duty have breached or are breaching the duty, or are at significant risk of breaching the duty, the Secretary of State may give a written notice of the Secretary of State's opinion to each body.
2
The relevant co-operation duties are—
a
the duty under section 288 (co-operation by F11NHS England with the Care Quality Commission),
F12b
the duty under section 290(2),
c
the duty under section 70 of the Health and Social Care Act 2008 (co-operation by the Care Quality Commission with F13NHS England),
3
The Secretary of State must publish each notice given under subsection (1) in such form as the Secretary of State considers appropriate.
4
Subsection (5) applies if, having given a notice under subsection (1), the Secretary of State is satisfied that—
a
the bodies concerned have breached or are continuing to breach the duty or, the risk of a breach having materialised, are breaching the duty, and
b
the breach is having a detrimental effect on the performance of the health service (or, where the effect of the breach on the performance of the health service is both beneficial and detrimental, its overall effect is detrimental).
5
The Secretary of State may by order prohibit each body from exercising specified functions, or from exercising specified functions in a specified manner, unless the other body concerned agrees in writing that the body may do so.
6
The power to make an order under subsection (5)—
a
may be exercised so as to specify different functions in relation to each body, but
b
may not be exercised so as to prevent a body from complying with a requirement imposed by or under an enactment or by a court or tribunal.
7
In default of agreement as to the exercise of a function specified in an order under subsection (5), a body may exercise the function in accordance with provision determined by arbitration.
8
An order under subsection (5) must specify the period for which a prohibition imposed by it has effect; and the period specified for that purpose may not exceed one year beginning with the day on which the order comes into force.
9
But if the Secretary of State is satisfied that the breach is continuing to have a detrimental effect (or an effect that overall is detrimental) on the performance of the health service, the Secretary of State may by order extend by one year the period for which the prohibition for the time being has effect.
10
In this section, “the health service” means the comprehensive health service continued under section 1(1) of the National Health Service Act 2006.