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Health and Social Care (Community Health and Standards) Bill


Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 10 — Supplementary and general

    58

 

Inquiries

 132   Inquiries: CHAI

     (1)           The Secretary of State may cause an inquiry to be held into any matter

connected with the exercise by the CHAI of any of its functions.

     (2)           The Assembly may cause an inquiry to be held into any matter connected with

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the exercise by the CHAI of any of its functions in relation to any health care

provided by or for a Welsh NHS body.

     (3)    Before an inquiry is begun, the Secretary of State or (in the case of an inquiry

under subsection (2)) the Assembly may give a direction that it be held in

private.

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     (4)    Where no such direction has been given, the person holding the inquiry may if

he thinks fit hold it, or any part of it, in private.

     (5)    Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70)

(powers in relation to local inquiries) apply in relation to an inquiry under this

section as they apply in relation to a local inquiry under that section

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     (6)    The report of the person holding the inquiry is to be published, unless the

Secretary of State or (in the case of an inquiry under subsection (2)) the

Assembly considers that there are exceptional circumstances which make

publication inappropriate.

     (7)    Publication under subsection (6) is to be in such manner as the Secretary of

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State or (in the case of an inquiry under subsection (2)) the Assembly considers

appropriate.

 133   Inquiries: CSCI

     (1)    The Secretary of State may cause an inquiry to be held into any matter

connected with the exercise by the CSCI of any of its functions (under any

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enactment).

     (2)    Before an inquiry is begun, the Secretary of State may give a direction that it be

held in private.

     (3)    Where no such direction has been given, the person holding the inquiry may if

he thinks fit hold it, or any part of it, in private.

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     (4)    Subsections (2) to (5) of section 250 of the Local Government Act 1972 (powers

in relation to local inquiries) apply in relation to an inquiry under this section

as they apply in relation to a local inquiry under that section

     (5)    The report of the person holding the inquiry is to be published, unless the

Secretary of State considers that there are exceptional circumstances which

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make publication inappropriate.

     (6)    Publication under subsection (5) is to be in such manner as the Secretary of

State considers appropriate.

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 10 — Supplementary and general

    59

 

Information

 134   Disclosure of information obtained by CHAI

     (1)    This section applies to information which—

           (a)           has been obtained by the CHAI on terms or in circumstances requiring

it to be held in confidence; and

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           (b)           relates to and identifies an individual.

     (2)    Subject to section 135, a person is guilty of an offence if he knowingly or

recklessly discloses information to which this section applies during the

lifetime of the individual to which it relates.

     (3)    A person guilty of an offence under this section is liable—

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           (a)           on summary conviction, to imprisonment for a term not exceeding 6

months or to a fine not exceeding the statutory maximum, or to both;

           (b)           on conviction on indictment, to imprisonment for a term not exceeding

two years or to a fine or to both.

     (4)    For the purposes of subsection (1)(b), information obtained by the CHAI, or

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any person authorised by it, is to be regarded as identifying an individual if

that individual can be identified—

           (a)           from that information, or

           (b)           from that information and from other information obtained by the

CHAI or any person authorised by it.

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 135   Section 134: defence

     (1)    It is a defence for a person charged with an offence under section 134 to prove

that at the time of the alleged offence—

           (a)           any of the circumstances in subsection (2) applied in relation to the

disclosure in question; or

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           (b)           he reasonably believed that they applied.

     (2)    The circumstances referred to in subsection (1) are that—

           (a)           the disclosure was made in a form in which the individual to whom it

relates is not identified;

           (b)           the disclosure was made with the consent of the individual to whom

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the information relates;

           (c)           the information disclosed had previously been lawfully disclosed to the

public;

           (d)           the disclosure was made under or pursuant to regulations under

section 111 (complaints about health care);

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           (e)           the disclosure was made in accordance with any enactment or court

order;

           (f)           the disclosure was necessary or expedient for the purposes of

protecting the welfare of any individual;

           (g)           the disclosure was made to any body or person in circumstances where

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it was necessary or expedient for the person or body to have the

information for the purpose of exercising his or its functions under any

enactment.

     (3)    It is also a defence for a person charged with an offence under section 134 to

prove that the disclosure was made—

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Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 10 — Supplementary and general

    60

 

           (a)           for the purposes of facilitating the exercise of any functions of the CHAI

(under any enactment);

           (b)           in connection with the investigation of a criminal offence (whether or

not in the United Kingdom);

           (c)           for the purpose of criminal proceedings (whether or not in the United

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Kingdom).

     (4)    For the purposes of subsection (2)(a), information disclosed by a person is not

to be regarded as being in a form in which an individual is not identified if the

individual can be identified—

           (a)           from that information, or

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           (b)           from that information and from other information disclosed by the

CHAI, by any person authorised by it or by any of its members or

employees.

 136    Information obtained by CHAI: supplementary

     (1)    The CHAI may, subject to section 134, use any information it obtains, or

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documents or records produced to it, in the course of exercising any of its

functions for the purposes of any of its other functions.

     (2)    Where subsection (3) applies, the CHAI may disclose any information obtained

by it notwithstanding any rule of common law which would otherwise

prohibit or restrict the disclosure.

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     (3)    This subsection applies where—

           (a)           in the case of information relating to an individual, the circumstances

in paragraph (a) or (b) of subsection (2) of section 135 apply in relation

to the disclosure;

           (b)           in any case, the circumstances in any of paragraphs (c) to (g) of that

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subsection apply in relation to the disclosure; or

           (c)           in any case, the disclosure is made as specified in paragraph (a), (b) or

(c) of subsection (3) of that section.

     (4)           Subsection (4) of section 135 applies for the purposes of subsection (3)(a) above.

 137   Information obtained by CSCI: supplementary

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The CSCI may use any information it obtains, or documents or records

produced to it, in the course of exercising any of its functions for the purposes

of any of its other functions.

Wales: supplementary

 138   Annual reports of Assembly

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As soon as possible after the end of each financial year of the Assembly, the

Assembly must make and publish a report or reports on—

           (a)           what it has found during the year in the course of exercising—

                  (i)                 its functions under Chapter 4 and 6 of this Part (other than any

function of making regulations);

40

                  (ii)                its functions exercisable by virtue of section 5(b) and 8(1) to (3)

of the Care Standards Act 2000 (c. 14);

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 10 — Supplementary and general

    61

 

           (b)           the way in which the Assembly has during the year exercised those

functions.

 139   Use by Assembly of information

     (1)    The Assembly may use any information it obtains, or documents produced to

it, in the course of exercising any function of the Assembly referred to in any

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paragraph of subsection (2) for the purposes of any function of the Assembly

referred to in any other paragraph of that subsection.

     (2)    The functions of the Assembly referred to in subsection (1) are—

           (a)           its functions under Chapter 4 of this Part;

           (b)           its functions under Chapter 6 of this Part;

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           (c)           its functions exercisable by virtue of section 5(b) or 8(1) to (3) of the Care

Standards Act 2000 (c. 14);

           (d)           its functions under section 80 of the Children Act 1989 (c. 41).

     (3)    References to functions in subsection (2) do not include functions of making

regulations.

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 140   Inquiries: Wales

     (1)    This section applies where, under section 35 of the Government of Wales Act

1998 (c. 38), the Assembly causes an inquiry to be held into any matter relevant

to the exercise of—

           (a)           its functions under Chapter 4 or 6 of this Part (other than any function

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of making regulations);

           (b)           its functions under section 87 of the Children Act 1989.

     (2)    Before an inquiry is begun, the Assembly may give a direction that it be held

in private.

     (3)    Where no such direction has been given, the person holding the inquiry may if

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he thinks fit hold it, or any part of it, in private.

     (4)    The report of the person holding the inquiry is to be published, unless the

Assembly considers that there are exceptional circumstances which make

publication inappropriate.

     (5)    Publication under subsection (4) is to be in such manner as the Assembly

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considers appropriate.

 141   Co-operation between Assembly and CHAI

     (1)    The Assembly and the CHAI must co-operate with each other where it seems

to them appropriate to do so for the efficient and effective discharge of any

relevant function.

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     (2)    For the purposes of subsection (1), a relevant function is—

           (a)           any function of the CHAI under Chapter 3 of this Part;

           (b)           any function of the Assembly under Chapter 4 or 6 of this Part (other

than any function of making regulations);

           (c)           any function of the CHAI under the Care Standards Act 2000;

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           (d)           any function of the Assembly exercisable by virtue of section 5(b) or

8(1) to (3) of the Care Standards Act 2000.

 

 

 
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