Duties to co-operate
1501.The subsequent sections contain provisions which ensure that Monitor and the CQC work effectively together and with other relevant bodies.
Section 288 – Monitor: duty to co-operate with Care Quality Commission
1502.This section places a duty on Monitor to co-operate with the CQC in the exercise of their respective functions (subsection (1)), including operating a joint licensing and registration regime which must provide for a single application form and document for new applicants, and must ensure consistency of licence conditions with any conditions on a person’s registration with the CQC (subsection (2)). It also places a duty on Monitor to, on request, provide the CQC with any relevant information in relation to Monitor’s concurrent competition functions with the Office of Fair Trading relating to market investigations (subsection (3)).
Section 289 – Care Quality Commission: duty to co-operate with Monitor
1503.This section amends section 70 of the Health and Social Care Act 2008 (co-operation between the Commission and the Independent Regulator of NHS foundation trusts), to provide that the CQC’s duty to co-operate with Monitor in the exercise of their respective functions mirrors the co-operation duties placed on Monitor under section 288 of this Act.
Section 290 – Other duties to co-operate
1504.This section places a duty on Monitor and each of the bodies listed in subsection (3) and a duty on the CQC and each of those bodies to co-operate with each other in the exercise of their respective functions, except in respect of their regulatory functions. Where Monitor or the CQC regulates the activities of a relevant body, the duty to co-operate does not apply to the regulator or the relevant body when regulating or carrying out those activities. The Secretary of State may, by order subject to the affirmative procedure (see section 304(5)(k)), amend the list of relevant bodies.
Section 291 – Breaches of duties to co-operate
1505.This section gives the Secretary of State power to address any breaches of the duties of co-operation in sections 288 or 290, section 70 of the Health and Social Care Act 2008, or any other enactment which imposes co-operation duties on the bodies listed in subsection (3) of the preceding section. Where the Secretary of State believes that any of those duties has been breached or there is a significant risk that they will be, a written notice of opinion may be issued to the bodies concerned. If the bodies breach or continue to breach the duty following such a notice, the Secretary of State may prohibit each body from exercising certain functions, or exercising them in a certain way, unless the other body in question agrees in writing that they may continue to exercise those functions. In default of such an agreement, the matter may be determined by arbitration. Any prohibition is limited to a period of one year unless the Secretary of State considers the breach is continuing and is having a detrimental effect on the health service; in which case, the period may be extended by one year.
