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Consider the following list of legislation taken from the CQC website page referenced above. Choose three pieces of legislation that might be particularly relevant to your organisation and the setting in which you work and explore the impact in more detail using the table to record your findings.
- Autism Act 2009
- Data Protection Act 1998
- The Care Quality Commission (Registration) and (Additional Functions) and Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2012
- The Controlled Drugs (Supervision of Management and Use) Regulations 2013
- Control of Substances hazardous to Health regulations 2002
- Employment Rights Act 1996
- The Care Quality Commission (Registration and Membership) (Amendment) Regulations 2012
- The Food Safety and Hygiene (England) Regulations 2013
- The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015
- The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
- Equality Act 2010
- Health and Safety at Work etc. Act 1974
- Human Rights Act 1998
- Mental Capacity Act Code of Practice
- Reporting on Injuries, Diseases and Dangerous Occurrences Regulations
- Safeguarding Vulnerable Groups Act 2006
- Care Quality Commission (Registration Requirements) Regulations 2009
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| Legislation | Relevant sections | Must have | Nice to know |
|---|---|---|---|
| Safeguarding Vulnerable Groups Act 2006 | All | All staff (both paid and unpaid) must have a DBS check. This is a legal responsibility of the employer. | There are two types of DBS check – one for working with vulnerable adults and another for working with children. |
| Equality Act 2010 | All | All staff must be treated equitably and given the same opportunities. | The Equality Act supercedes several other pieces of legislation including the Disability Discrimination Act, Equal Pay Act, Sex Discrimination Act etc. |
| MCA Code of Practice | All | Individuals should be assumed to have capacity to make decisions unless it has been proved otherwise. Making unwise decisions does not mean lack of capacity, | Individuals must be assessed on a decision-by-decision basis. Individuals should be given all the support they need to make informed decisions before being assessed as lacking capacity. |
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