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(a) the Secretary of State, in relation to the provision of health care by or for | |
an English NHS body or cross-border SHA; or | |
(b) the Assembly, in relation to the provision of health care by or for a | |
Welsh NHS body. | |
54 Functions relating to regulator | 5 |
(1) The CHAI is to keep the regulator informed about the provision of health care | |
by and for NHS foundation trusts. | |
(2) The CHAI may at any time give advice to the regulator on any matter | |
connected with the provision of health care by or for an NHS foundation trust. | |
(3) The regulator and the CHAI must co-operate with each other in the exercise of | 10 |
their respective functions under Part 1 and this Chapter. | |
55 Reviews of data | |
(1) The CHAI may review— | |
(a) the quality of data obtained by others in relation to the provision of | |
health care by and for NHS bodies; | 15 |
(b) the methods used in the collection and analysis of such data; and | |
(c) the validity of conclusions drawn from such data. | |
(2) Where the CHAI conducts a review under this section it must publish a report. | |
56 Co-ordination of reviews | |
The CHAI may promote the effective co-ordination of reviews or assessments | 20 |
carried out by public bodies or other persons in relation to the provision of | |
health care by or for English NHS bodies and cross-border SHAs. | |
Other functions | |
57 Studies as to economy, efficiency etc | |
(1) The CHAI has the function of promoting or undertaking comparative or other | 25 |
studies designed to enable it to make recommendations for improving | |
economy, efficiency and effectiveness in the exercise of any of the functions of | |
an English NHS body, other than a Special Health Authority (whether the | |
functions are exercised by the English NHS body or by another person). | |
(2) The CHAI may exercise its function under subsection (1) in relation to a body | 30 |
on the CHAI’s own initiative or at the request of the body concerned. | |
(3) For the purposes of this section the CHAI may carry out an inspection of— | |
(a) any English NHS body other than a Special Health Authority; | |
(b) any person exercising the functions of such a body. | |
(4) The CHAI must publish its recommendations and the result of any studies | 35 |
under this section. | |
(5) The CHAI’s functions under this section may be exercised on its behalf by the | |
Audit Commission, if the Audit Commission and the CHAI so agree. | |
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(6) Where the Audit Commission exercises functions under subsection (5), it shall | |
do so on such terms, including terms as to payment, as the CHAI and the Audit | |
Commission may agree. | |
58 Additional functions | |
(1) The Secretary of State may by regulations provide that the CHAI is to have | 5 |
such additional functions as may be prescribed in relation to— | |
(a) the provision of health care by or for NHS bodies; | |
(b) the improvement of— | |
(i) economy, efficiency and effectiveness in the exercise of the | |
functions of English NHS bodies; and | 10 |
(ii) the financial or other management, or operations, of English | |
NHS bodies. | |
(2) The Secretary of State must consult the regulator before making provision | |
under subsection (1) in relation to NHS foundation trusts. | |
(3) The Secretary of State must obtain the consent of the Assembly before making | 15 |
provision under subsection (1)(a) in relation to health care provided by or for | |
a Welsh NHS body other than health care provided by or for an English NHS | |
body or cross-border SHA. | |
Supplementary | |
59 Criteria | 20 |
(1) The Secretary of State may, after consulting the CHAI, make regulations | |
requiring the CHAI to devise and publish statements of criteria to be used in— | |
(a) the exercise of any of its functions under section 47(1), 48, 50 or 52 in | |
relation to the provision of health care by or for an English NHS body | |
or cross-border SHA; | 25 |
(b) the exercise of any of its functions under section 51, 56, 57 or 58(1)(b); | |
(2) The Assembly may, after consulting the CHAI, make regulations requiring the | |
CHAI to devise and publish statements of criteria to be used in the exercise of | |
its functions under section 47(1), 48, 50 or 52 in relation to the provision of | |
health care by or for a Welsh NHS body. | 30 |
(3) In relation to any function conferred on the CHAI under subsection (1)(a) of | |
section 58, regulations under that section may provide that any one or more of | |
the following provisions of this section shall have effect as if it included a | |
reference to the exercise of that function— | |
(a) subsection (1)(a); | 35 |
(b) subsection (1)(b); | |
(c) subsection (2). | |
(4) Regulations under this section may require the CHAI— | |
(a) to obtain the consent of the Secretary of State before publishing a | |
statement under subsection (1); | 40 |
(b) to obtain the consent of the Assembly before publishing a statement | |
under subsection (2). | |
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60 Provision of material | |
(1) The CHAI must, on request, provide the Comptroller and Auditor General | |
with any material relevant to a review or investigation under sections 49 to 51 | |
or a study under section 57. | |
(2) The CHAI must, on request, provide the regulator with— | 5 |
(a) any material which is relevant to a review or investigation under | |
sections 49 to 51 and relates to the provision of health care by or for an | |
NHS foundation trust; | |
(b) any material which is relevant to a study under section 57 and relates | |
to an NHS foundation trust. | 10 |
61 Fees | |
(1) The CHAI may from time to time make and publish provision— | |
(a) requiring an English NHS body or cross-border SHA to pay a fee in | |
respect of the exercise by the CHAI, in relation to that body, of such of | |
its functions under this Chapter as may be prescribed; | 15 |
(b) requiring a person of a prescribed description who provides health care | |
for an English NHS body or cross-border SHA to pay a fee in respect of | |
the exercise by the CHAI, in relation to the health care so provided by | |
that person, of such of its functions under this Chapter as may be | |
prescribed. | 20 |
(2) The CHAI may not under subsection (1)(b) require a Welsh NHS body to pay | |
a fee. | |
(3) The amount of a fee payable under provision under subsection (1) shall be such | |
as may be specified in, or calculated or determined under, the provision. | |
(4) Provision under subsection (1) may include provision— | 25 |
(a) for different fees to be paid in different cases, or classes of case; | |
(b) for different fees to be paid by persons of different descriptions; | |
(c) for the amount of a fee to be determined by the CHAI in accordance | |
with specified factors; | |
(d) for the time by which a fee must be paid. | 30 |
(5) Before making any provision under subsection (1) the CHAI must consult such | |
persons as appear to it appropriate. | |
(6) The Secretary of State may by regulations make provision as to— | |
(a) the manner in which provision under subsection (1) is to be made and | |
published; | 35 |
(b) the matters to be taken into account by the CHAI before making the | |
provision. | |
(7) The Secretary of State may by regulations make provision for an independent | |
person or panel to review the amount charged under subsection (1) in any | |
particular case and, if that person or panel thinks fit, to substitute a lesser | 40 |
amount for that amount. | |
(8) For the purpose of determining the fee payable by a person or body under | |
subsection (1), the person or body must provide the CHAI with such | |
information, in such form, as the CHAI may require. | |
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(9) A fee payable by virtue of this section may, without prejudice to any other | |
method of recovery, be recovered summarily as a civil debt. | |
62 Fees: Wales | |
(1) The CHAI may from time to time make and publish provision— | |
(a) requiring a Welsh NHS body to pay a fee in respect of the exercise by | 5 |
the CHAI, in relation to that body, of such of its functions under this | |
Chapter as may be prescribed; | |
(b) requiring a person of a prescribed description who provides health care | |
for a Welsh NHS body to pay a fee in respect of the exercise by the | |
CHAI, in relation to the health care so provided by that person, of such | 10 |
of its functions under this Chapter as may be prescribed. | |
(2) The CHAI may not under subsection (1)(b) require an English NHS body or | |
cross-border SHA to pay a fee. | |
(3) The amount of a fee payable under provision under subsection (1) shall be such | |
as may be specified in, or calculated or determined under, the provision. | 15 |
(4) Provision under subsection (1) may include provision— | |
(a) for different fees to be paid in different cases, or classes of case; | |
(b) for different fees to be paid by persons of different descriptions; | |
(c) for the amount of a fee to be determined by the CHAI in accordance | |
with specified factors; | 20 |
(d) for the time by which a fee must be paid. | |
(5) Before making any provision under subsection (1) the CHAI must consult such | |
persons as appear to it appropriate. | |
(6) The Assembly may by regulations make provision as to— | |
(a) the manner in which provision under subsection (1) is to be made and | 25 |
published; | |
(b) the matters to be taken into account by the CHAI before making the | |
provision. | |
(7) The Assembly may by regulations make provision for an independent person | |
or panel to review the amount charged under subsection (1) in any particular | 30 |
case and, if that person or panel thinks fit, to substitute a lesser amount for that | |
amount. | |
(8) For the purpose of determining the fee payable by a person or body under | |
subsection (1), the person or body must provide the CHAI with such | |
information, in such form, as the CHAI may require. | 35 |
(9) A fee payable by virtue of this section may, without prejudice to any other | |
method of recovery, be recovered summarily as a civil debt. | |
63 Reports and information | |
(1) The CHAI must make copies of any report published by it under this Chapter | |
available for inspection at its offices by any person at any reasonable time. | 40 |
(2) Any person who requests a copy of such a report is entitled to have one on | |
payment of such reasonable fee (if any) as the CHAI considers appropriate. | |
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(3) The CHAI may charge a person such reasonable fee as it considers appropriate | |
where it provides him, at his request, with any other information relevant to | |
the discharge of the CHAI’s functions under this Chapter. | |
64 Right of entry | |
(1) A person authorised to do so by the CHAI may, if the CHAI considers it | 5 |
necessary or expedient for the purposes of this Chapter, at any reasonable time | |
enter and inspect any— | |
(a) premises owned or controlled by an NHS body; | |
(b) any other premises used, or proposed to be used, for any purpose | |
connected with— | 10 |
(i) the provision of health care by or for an NHS body, or | |
(ii) the discharge of any of the functions of an NHS body. | |
(2) A person who proposes to exercise any power of entry or inspection conferred | |
by this section must if so required produce some duly authenticated document | |
showing his authority to exercise the power. | 15 |
65 Right of entry: supplementary | |
(1) A person authorised by virtue of section 64 to enter and inspect premises may, | |
if he considers it necessary or expedient for the purposes of this Chapter— | |
(a) inspect, take copies of and remove from the premises any documents or | |
records (including personal records); | 20 |
(b) inspect any other item and remove it from the premises; | |
(c) interview in private— | |
(i) any person working at the premises; | |
(ii) any person receiving health care there who consents to be | |
interviewed; and | 25 |
(d) make any other examination into the state and management of the | |
premises and treatment of persons receiving health care there. | |
(2) The power in subsection (1)(a) includes— | |
(a) power to require any person holding or accountable for documents or | |
records kept on the premises to produce them; and | 30 |
(b) in relation to records which are kept by means of a computer, power to | |
require the records to be produced in a form in which they are legible | |
and can be taken away. | |
(3) A person authorised by virtue of subsection (1)(a) to inspect any records is | |
entitled to have access to, and to check the operation of, any computer and any | 35 |
associated apparatus or material which is or has been in use in connection with | |
the records in question. | |
(4) A person authorised by virtue of section 64 to enter and inspect any premises | |
may— | |
(a) require any person to afford him such facilities and assistance with | 40 |
respect to matters within the person’s control as are necessary to enable | |
him to exercise his powers under section 64 or this section; and | |
(b) take such measurements and photographs and make such recordings | |
as he considers necessary to enable him to exercise those powers. | |
(5) Any person who without reasonable excuse— | 45 |
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(a) obstructs the exercise of any power conferred by section 64 or this | |
section, or | |
(b) fails to comply with any requirement of section 64 or this section, | |
is guilty of an offence and liable on summary conviction to a fine not exceeding | |
level 4 on the standard scale. | 5 |
66 Power to require documents and information etc | |
(1) The CHAI may at any time require any person specified in subsection (2) to | |
provide it with any information, documents, records (including personal | |
records) or other items— | |
(a) which relates or relate to— | 10 |
(i) the provision of health care by or for an NHS body, or | |
(ii) the discharge of any of the functions of an NHS body; and | |
(b) which the CHAI considers it necessary or expedient to have for the | |
purposes of this Chapter. | |
(2) The persons referred to in subsection (1) are— | 15 |
(a) the NHS body; | |
(b) any person providing health care for, or exercising functions of, the | |
NHS body; | |
(c) a local authority. | |
(3) The power in subsection (1) to require the provision of records includes, in | 20 |
relation to records kept by means of a computer, power to require the | |
provision of the records in legible form. | |
(4) Any person who without reasonable excuse fails to comply with any | |
requirement imposed by virtue of this section is guilty of an offence and liable | |
on summary conviction to a fine not exceeding level 4 on the standard scale. | 25 |
67 Power to require explanation | |
(1) The Secretary of State may by regulations make provision requiring prescribed | |
persons to provide to the CHAI, or to persons authorised by it, an explanation | |
of— | |
(a) any documents, records or items inspected, copied or provided under | 30 |
sections 64 to 66, | |
(b) any information provided under those sections, or | |
(c) any matters which are the subject of the exercise of any functions of the | |
CHAI under this Chapter, | |
in circumstances where the CHAI considers the explanation necessary or | 35 |
expedient for the purposes of this Chapter. | |
(2) Regulations under subsection (1) may require explanations to be provided at | |
such times and places as may be prescribed. | |
(3) Any person who without reasonable excuse fails to comply with any | |
requirement imposed by virtue of this section is guilty of an offence and liable | 40 |
on summary conviction to a fine not exceeding level 4 on the standard scale. | |
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Chapter 4 | |
NHS health care: functions of National Assembly for Wales | |
Reviews and investigations | |
68 Reviews and investigations relating to Wales | |
(1) The Assembly has the function of conducting reviews of, and investigations | 5 |
into, the provision of health care by and for Welsh NHS bodies. | |
(2) The Assembly may in particular under this section conduct— | |
(a) a review of the overall provision of health care by and for Welsh NHS | |
bodies; | |
(b) a review of the overall provision of a particular kind of health care by | 10 |
and for Welsh NHS bodies; | |
(c) a review of, or investigation into, the provision of any health care by or | |
for a particular Welsh NHS body. | |
(3) The Assembly has the function of conducting reviews of the arrangements | |
made by Welsh NHS bodies for the purpose of discharging their duty under | 15 |
section 44. | |
(4) In exercising its functions under this section in relation to any health care the | |
Assembly shall be concerned in particular with — | |
(a) the availability of, and access to, the health care; | |
(b) the quality and effectiveness of the health care; | 20 |
(c) the financial or other management of the health care and the economy | |
and efficiency of its provision; | |
(d) the need to safeguard and promote the rights and welfare of children; | |
and | |
(e) the effectiveness of measures taken for the purpose specified in | 25 |
paragraph (d) by the body in question and any person who provides, | |
or is to provide, health care for that body, | |
and must take into account the standards set out in statements published | |
under section 46. | |
(5) For the purposes of this section the Assembly may carry out an inspection of— | 30 |
(a) any Welsh NHS body; | |
(b) any other person who provides, or is to provide, health care for a Welsh | |
NHS body (in Wales or elsewhere). | |
(6) Where the Assembly conducts a review under this section it must publish a | |
report. | 35 |
69 Reporting to Secretary of State and regulator | |
(1) The Assembly must report to the Secretary of State where, after conducting a | |
review or investigation under section 68, it is of the view that— | |
(a) there are significant failings in relation to the provision of health care | |
by or for an English NHS body or cross-border SHA; or | 40 |
(b) there are significant failings in the running of an English NHS body or | |
cross-border SHA; | |
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