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4.—(1) Where the Care Quality Commission has completed a review or investigation or published a report on a review or investigation pursuant to paragraph 2 or 3, section 53(4), (5) and (8) and 81(3) to (6) of the 2003 Act (failings) shall apply notwithstanding their repeal as if for “the CHAI” or “the CSCI” in each place it appears, there were substituted “the Care Quality Commission” and as if the words “(in a case where subsection (2) does not apply)” were omitted from section 81(3).
(2) Sub-paragraph (1) does not apply where the CHAI or the CSCI has already reported to the Secretary of State or the Welsh Ministers (as the case may be) in relation to the matter.
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