Explanatory Notes

Care Act 2014

2014 CHAPTER 23

14 May 2014

Commentary on Sections

Part 2 – Care standards

Increasing the independence of the Care Quality Commission

Section 89 – Chief Inspectors

505.This section inserts a new paragraph 3A of Schedule 1 to the 2008 Act which places a duty on the non-executive members of CQC to appoint a Chief Inspector of Hospitals, a Chief Inspector of Adult Social Care and a Chief Inspector of General Practice as executive members of the CQC Board.

506.Subsection (2) makes provision for CQC to determine the functions each Chief Inspector will exercise on its behalf.

507.Subsection (3) places a requirement on the Chief Inspectors to perform their roles in a way that safeguards and promotes CQC’s independence.

Section 90 – Independence of the Care Quality Commission

508.This section repeals or amends several of the Secretary of State’s powers in the 2008 Act that could constrain CQC’s operational autonomy.

509.This section, and section 91 in part, repeal:

510.Powers to set the legal framework for CQC, to appoint the non-executive members of the CQC Board, to approve CQC’s remuneration policy and to intervene if CQC fails to properly discharge any of its function will remain.