Care Quality Commission (Additional Functions) Regulations 2009
These Regulations give the Care Quality Commission functions, previously exercised by the MHAC, in relation to reviewing decisions to withhold items brought to high secure hospitals, internal post in high secure hospitals and decisions to record or monitor telephone calls in high secure hospitals.
Official explanatory note
These Regulations give the Care Quality Commission additional functions, namely a duty upon application to review a decision to:
- (a) withhold an item brought to a patient in a High Secure Hospital;
- (b) withhold internal post sent by a patient in a High Secure Hospital to another patient in the same hospital; or
- (c) monitor and record a telephone conversation made by a patient in such a hospital.
These functions were previously carried out by the Mental Health Act Commission which is abolished as of 1st April 2009(6).
Regulation 5 makes transitional provision so as to treat applications for such reviews made to the Mental Health Act Commission prior to 1st April 2009 that have not been finally determined by that date as applications to the Care Quality Commission for reviews.
A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.