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(c) there are significant failings in the running of any body, or the practice | |
of any individual, providing health care for an English NHS body or | |
cross-border SHA. | |
(2) A report under subsection (1) may include a recommendation that, with a view | |
to remedying the failings, the Secretary of State take special measures in | 5 |
relation to— | |
(a) the English NHS body or cross-border SHA; and | |
(b) in a case falling within paragraph (c) of subsection (1), any person, | |
other than a Welsh NHS body, referred to in that paragraph. | |
(3) The Assembly must report to the regulator where, after conducting a review or | 10 |
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 NHS foundation trust; | |
(b) there are significant failings in the running of an NHS foundation trust; | |
or | 15 |
(c) there are significant failings in the running of any body, or the practice | |
of any individual, providing health care for an NHS foundation trust. | |
(4) A report under subsection (3) may include a recommendation that, with a view | |
to remedying the failings, the regulator take special measures in relation to the | |
NHS foundation trust. | 20 |
(5) A report under this section must give the Assembly’s reasons for its view and | |
for any recommendation made. | |
Ancillary powers | |
70 Right of entry | |
(1) A person authorised to do so by the Assembly may, if the Assembly considers | 25 |
it necessary or expedient for the purposes of this Chapter, at any reasonable | |
time enter and inspect any— | |
(a) premises owned or controlled by a Welsh NHS body; | |
(b) any other premises used, or proposed to be used, for any purpose | |
connected with— | 30 |
(i) the provision of health care by or for a Welsh NHS body; or | |
(ii) the discharge of any of the functions of a Welsh 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. | 35 |
71 Right of entry: supplementary | |
(1) A person authorised by virtue of section 70 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); | 40 |
(b) inspect any other item and remove it from the premises; | |
(c) interview in private— | |
(i) any person working at the premises; | |
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(ii) any person receiving health care there who consents to be | |
interviewed; and | |
(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— | 5 |
(a) power to require any person holding or accountable for documents or | |
records kept on the premises to produce them; and | |
(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. | 10 |
(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 | |
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 70 to enter and inspect any premises | 15 |
may— | |
(a) require any person to afford him such facilities and assistance with | |
respect to matters within the person’s control as are necessary to enable | |
him to exercise his powers under section 70 or this section; and | |
(b) take such measurements and photographs and make such recordings | 20 |
as he considers necessary to enable him to exercise those powers. | |
(5) Any person who without reasonable excuse— | |
(a) obstructs the exercise of any power conferred by section 70 or this | |
section, or | |
(b) fails to comply with any requirement of section 70 or this section, | 25 |
is guilty of an offence and liable on summary conviction to a fine not exceeding | |
level 4 on the standard scale. | |
72 Power to require documents and information | |
(1) The Assembly may at any time require any person specified in subsection (2) | |
to provide it with any information, documents, records (including personal | 30 |
records) or other items— | |
(a) which relates or relate to— | |
(i) the provision of health care by or for a Welsh NHS body; or | |
(ii) the discharge of any of the functions of a Welsh NHS body; and | |
(b) which the Assembly considers it necessary or expedient to have for the | 35 |
purposes of this Chapter. | |
(2) The persons referred to in subsection (1) are— | |
(a) the Welsh NHS body; | |
(b) any person providing health care for, or exercising functions of, the | |
Welsh NHS body; | 40 |
(c) a local authority in Wales. | |
(3) The power in subsection (1) to require the provision of records includes, in | |
relation to records kept by means of a computer, power to require the | |
provision of the records in legible form. | |
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(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. | |
73 Power to require explanation | |
(1) The Assembly may by regulations make provision requiring prescribed | 5 |
persons to provide to the Assembly, or to persons authorised by it, an | |
explanation of— | |
(a) any documents, records or items inspected, copied or provided under | |
sections 70 to 72, | |
(b) any information provided under those sections, or | 10 |
(c) any matters which are the subject of the exercise of any function of the | |
Assembly under section 68, and | |
in circumstances where the Assembly considers the explanation necessary or | |
expedient for the purposes of this Chapter. | |
(2) Regulations under subsection (1) may require explanations to be provided at | 15 |
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 | |
on summary conviction to a fine not exceeding level 4 on the standard scale. | |
Chapter 5 | 20 |
Social services: functions of CSCI | |
Provision of social services | |
74 Introductory | |
(1) The CSCI has the general function of encouraging improvement in the | |
provision of English local authority social services. | 25 |
(2) In exercising its functions under subsection (1) and sections 75 to 79 in relation | |
to the provision of such services the CSCI shall be concerned in particular | |
with— | |
(a) the availability of, and access to, the services; | |
(b) the quality and effectiveness of the services; | 30 |
(c) the management of the services; | |
(d) the economy and efficiency of their provision and their value for | |
money; | |
(e) the need to safeguard and promote the rights and welfare of children; | |
and | 35 |
(f) the effectiveness of measures taken by local authorities for the purpose | |
specified in paragraph (e). | |
75 Information and advice | |
(1) The CSCI is to keep the Secretary of State informed about the provision of | |
English local authority social services. | 40 |
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(2) The CSCI may at any time give advice to the Secretary of State on any matter | |
connected with the provision of English local authority social services. | |
(3) The CSCI may in particular under subsection (2) give advice to the Secretary of | |
State on any changes which it thinks should be made, for the purpose of | |
securing improvement in the quality of services provided by local authorities | 5 |
in England in the exercise of the functions referred to in section 43(3)(a) and (b) | |
of the Care Standards Act 2000 (c. 14) (adoption and fostering functions), in the | |
standards prepared and published from time to time under section 23 of that | |
Act. | |
(4) When requested to do so by the Secretary of State, the CSCI must give him | 10 |
advice or information on such matters connected with the provision of English | |
local authority social services as may be specified in the request. | |
(5) The CSCI may give advice to the Secretary of State or any local authority in | |
England about the establishment or conduct of any inquiry held, or to be held, | |
by the Secretary of State or the authority in relation to the provision of English | 15 |
local authority social services. | |
76 Review of studies and research | |
(1) The CSCI may review— | |
(a) studies and research undertaken by others in relation to the provision | |
of English local authority social services; | 20 |
(b) the methods used in such studies and research; and | |
(c) the validity of the conclusions drawn from such studies and research. | |
(2) Where the CSCI conducts a review under this section it must publish a report. | |
77 Annual reviews | |
(1) In each financial year the CSCI must conduct a review of the English local | 25 |
authority social services which are provided by, or pursuant to arrangements | |
made by, each local authority in England. | |
(2) After conducting a review under subsection (1) in respect of a local authority | |
the CSCI must award a performance rating to that authority. | |
(3) The CSCI is to exercise its functions under this section by reference to criteria | 30 |
from time to time devised by it and approved by the Secretary of State. | |
(4) The CSCI must publish the criteria devised and approved from time to time | |
under subsection (3). | |
(5) The CSCI is to exercise its functions under this section in any financial year in | |
accordance with any timetable specified in relation to that year by the Secretary | 35 |
of State. | |
(6) In exercising its functions under this section the CSCI must take into account | |
guidance issued to local authorities under section 7 of the Local Authority | |
Social Services Act 1970 (c. 42). | |
(7) In exercising its functions under this section in relation to the functions | 40 |
referred to in section 43(3)(a) and (b) of the Care Standards Act 2000 (adoption | |
and fostering functions), the CSCI must take into account the standards | |
prepared and published from time to time under section 23 of that Act. | |
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(8) For the purposes of this section, the CSCI may carry out an inspection of— | |
(a) the local authority being reviewed; | |
(b) any person providing an English local authority social service pursuant | |
to arrangements made by the authority. | |
78 Other reviews and investigations | 5 |
(1) The CSCI has the function of conducting other reviews of, and investigations | |
into, the provision of English local authority social services. | |
(2) The CSCI may in particular under this section conduct— | |
(a) a review of the overall provision of English local authority social | |
services; | 10 |
(b) a review of the provision of any English local authority social service of | |
a particular description; or | |
(c) a review of, or investigation into, the provision of any English local | |
authority social service by a particular person or persons. | |
(3) If the Secretary of State so requests, the CSCI must conduct— | 15 |
(a) a review under subsection (2)(a); | |
(b) a review under subsection (2)(b) of an English local authority social | |
service of such description as may be specified in the request; or | |
(c) a review or investigation under subsection (2)(c) in relation to the | |
provision of such services as may be specified in the request by such | 20 |
person, or persons of such description, as may be so specified. | |
(4) In exercising its function under this section the CSCI must take into account | |
guidance issued to local authorities under section 7 of the Local Authority | |
Social Services Act 1970 (c. 42). | |
(5) In exercising its function under this section in relation to the functions referred | 25 |
to in section 43(3)(a) and (b) of the Care Standards Act 2000 (c. 14) (adoption | |
and fostering functions), the CSCI must take into account the standards | |
prepared and published from time to time under section 23 of that Act. | |
(6) For the purposes of this section, the CSCI may carry out an inspection of— | |
(a) any local authority in England; | 30 |
(b) any other person providing an English local authority social service. | |
(7) Where the CSCI conducts a review or investigation under this section, it must | |
publish a report. | |
79 Failings | |
(1) This section applies where the CSCI conducts— | 35 |
(a) a review under section 77; or | |
(b) a review or investigation under section 78. | |
(2) If under section 77 the CSCI awards the lowest performance rating to a local | |
authority, the CSCI must— | |
(a) inform the Secretary of State of that fact; and | 40 |
(b) recommend any special measures which it considers the Secretary of | |
State should take. | |
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(3) If (in a case where subsection (2) does not apply) the CSCI considers that a local | |
authority in England is failing to discharge any of its social services functions | |
to an acceptable standard, it must— | |
(a) inform the Secretary of State of that fact; and | |
(b) recommend any special measures which it considers the Secretary of | 5 |
State should take. | |
(4) However, in a case falling within subsection (3), if the CSCI considers that the | |
failure is not substantial, it may instead— | |
(a) give the local authority a notice under subsection (5); and | |
(b) inform the Secretary of State that it has done so. | 10 |
(5) A notice under this subsection is a notice which specifies— | |
(a) the respects in which the CSCI considers that the local authority is | |
failing; | |
(b) the action which the CSCI considers the authority should take to | |
remedy the failure; and | 15 |
(c) the time by which the CSCI considers the action should be taken. | |
(6) Where under subsection (2)(b) or (3)(b) the CSCI has recommended that the | |
Secretary of State take special measures in relation to a local authority, the | |
CSCI must, if the Secretary of State so requests— | |
(a) undertake a further review under section 78 in relation to the authority; | 20 |
and | |
(b) include in its report under subsection (5) of that section a report on such | |
matters as the Secretary of State may specify. | |
Other functions | |
80 Studies as to economy, efficiency etc | 25 |
(1) The CSCI may promote or undertake comparative or other studies designed to | |
enable it to make recommendations— | |
(a) for improving economy, efficiency and effectiveness in the discharge | |
by local authorities in England of their social services functions; | |
(b) for improving the management of such local authorities in their | 30 |
discharge of those functions. | |
(2) The CSCI may also promote or undertake studies designed to enable it to | |
prepare reports as to the impact of— | |
(a) the operation of any particular statutory provisions, or | |
(b) any directions or guidance given by a Minister of the Crown (whether | 35 |
pursuant to any such provision or otherwise), | |
on economy, efficiency and effectiveness in the discharge by local authorities | |
in England of their social services functions. | |
(3) For the purposes of this section the CSCI may carry out an inspection of any | |
local authority in England. | 40 |
(4) The CSCI must publish— | |
(a) any recommendations made by it under subsection (1); | |
(b) the result of any studies under this section. | |
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(5) The CSCI must, on request, provide the Comptroller and Auditor General with | |
any material relevant to a study under this section. | |
81 Joint working with Audit Commission | |
(1) The CSCI and the Audit Commission may (without prejudice to any other | |
power they may have to do so) exercise jointly their respective functions under | 5 |
section 80 and sections 33 and 34 of the Audit Commission Act 1998 (c. 18). | |
(2) The CSCI and the Audit Commission must co-operate with each other with | |
respect to the exercise of their respective functions under section 80 and | |
sections 33 and 34 of the Audit Commission Act 1998. | |
(3) The Secretary of State may give guidance to the CSCI and the Audit | 10 |
Commission as to which of them should promote or undertake studies which | |
could be promoted or undertaken by either of them. | |
(4) The CSCI and the Audit Commission must take any such guidance into | |
account in the exercise of their functions. | |
82 Additional functions | 15 |
The CSCI is to have such additional functions as may be prescribed in relation | |
to the provision of English local authority social services. | |
Supplementary | |
83 Criteria | |
The Secretary of State may, after consulting the CSCI, make regulations | 20 |
requiring the CSCI— | |
(a) to devise and publish statements of the criteria to be used in the exercise | |
of any of its functions under this Chapter (other than section 77); and | |
(b) to obtain the consent of the Secretary of State before publishing any | |
such statement. | 25 |
84 Fees | |
(1) The CSCI may from time to time make and publish provision requiring a local | |
authority in England to pay a fee in respect of the exercise by the CSCI, in | |
relation to that authority, of such of its functions under section 77, 78 or 80 as | |
may be prescribed. | 30 |
(2) The amount of a fee payable by virtue of provision under subsection (1) shall | |
be such as may be specified in, or calculated or determined under, the | |
provision. | |
(3) Provision under subsection (1) may include provision— | |
(a) for different fees to be paid in different cases, or classes of case; | 35 |
(b) for different fees to be paid by persons of different descriptions; | |
(c) for the amount of a fee to be determined by the CSCI in accordance with | |
specified factors; | |
(d) for the time by which a fee must be paid. | |
(4) The Secretary of State may by regulations make provision as to— | 40 |
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