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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 3 — NHS health care: functions of CHAI

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     (3)    When requested to do so by the appropriate authority, the CHAI must give the

authority advice or information on such matters connected with the provision

of health care by or for any NHS body as may be specified in the request.

     (4)    The CHAI may give advice to the appropriate authority or any NHS body

about the establishment or conduct of any inquiry held, or to be held, by the

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authority or the body in relation to the provision of health care by or for that

body.

     (5)    In this section, the “appropriate authority” means—

           (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

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           (b)           the Assembly, in relation to the provision of health care by or for a

Welsh NHS body.

 54    Functions relating to regulator

     (1)    The CHAI is to keep the regulator informed about the provision of health care

by and for NHS foundation trusts.

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     (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

their respective functions under Part 1 and this Chapter.

 55    Reviews of data

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     (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;

           (b)           the methods used in the collection and analysis of such data; and

           (c)           the validity of conclusions drawn from such data.

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     (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

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.

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Other functions

 57    Studies as to economy, efficiency etc

     (1)    The CHAI has the function of promoting or undertaking comparative or other

studies designed to enable it to make recommendations for improving

economy, efficiency and effectiveness in the exercise of any of the functions of

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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

on the CHAI’s own initiative or at the request of the body concerned.

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 3 — NHS health care: functions of CHAI

    22

 

     (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

under this section.

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     (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.

     (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.

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 58    Additional functions

     (1)    The Secretary of State may by regulations provide that the CHAI is to have

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—

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                  (i)                 economy, efficiency and effectiveness in the exercise of the

functions of English NHS bodies; and

                  (ii)                the financial or other management, or operations, of English

NHS bodies.

     (2)    The Secretary of State must consult the regulator before making provision

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under subsection (1) in relation to NHS foundation trusts.

     (3)    The Secretary of State must obtain the consent of the Assembly before making

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.

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Supplementary

 59    Criteria

     (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

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relation to the provision of health care by or for an English NHS body

or cross-border SHA;

           (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

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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.

     (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

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reference to the exercise of that function—

           (a)           subsection (1)(a);

           (b)           subsection (1)(b);

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 3 — NHS health care: functions of CHAI

    23

 

           (c)           subsection (2).

     (4)    Regulations under this section may require the CHAI—

           (a)           to consult any person specified in the regulations before publishing a

statement under subsection (1) or (2);

           (b)           to obtain the consent of the Secretary of State before publishing a

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statement under subsection (1);

           (c)           to obtain the consent of the Assembly before publishing a statement

under subsection (2).

 60    Provision of material

     (1)    The CHAI must, on request, provide the Comptroller and Auditor General

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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—

           (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

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NHS foundation trust;

           (b)           any material which is relevant to a study under section 57 and relates

to an NHS foundation trust.

 61    Fees

     (1)    The CHAI may from time to time make and publish provision—

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           (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 or to health

care provided by or for 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

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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.

     (2)    The CHAI may not under subsection (1)(b) require a Welsh NHS body to pay

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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—

           (a)           for different fees to be paid in different cases, or classes of case;

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           (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.

     (5)    Before making any provision under subsection (1) the CHAI must consult such

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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;

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 3 — NHS health care: functions of CHAI

    24

 

           (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

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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.

     (9)    A fee payable by virtue of this section may, without prejudice to any other

10

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

the CHAI, in relation to that body or to health care provided by or for

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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

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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.

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     (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;

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           (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

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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

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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.

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Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 3 — NHS health care: functions of CHAI

    25

 

     (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.

5

     (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.

     (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.

10

 64    Right of entry

     (1)    A person authorised to do so by the CHAI may, if the CHAI considers it

necessary or expedient for the purposes of this Chapter, at any reasonable time

enter and inspect—

           (a)           any premises owned or controlled by an NHS body;

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           (b)           any other premises used, or proposed to be used, for any purpose

connected with—

                  (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

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by this section must if so required produce some duly authenticated document

showing his authority to exercise the power.

 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—

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           (a)           inspect, take copies of and remove from the premises any documents or

records (including personal records);

           (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—

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           (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.

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     (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

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 3 — NHS health care: functions of CHAI

    26

 

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

5

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—

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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.

15

 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—

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                  (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—

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           (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

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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.

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 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

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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,

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 4 — NHS health care: functions of National Assembly for Wales

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            in circumstances where the CHAI considers the explanation necessary or

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 specified by the CHAI.

     (3)    Any person who without reasonable excuse fails to comply with any

5

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 4

NHS health care: functions of National Assembly for Wales

Reviews and investigations

10

 68     Reviews and investigations relating to Wales

     (1)    The Assembly has the function of conducting reviews of, and investigations

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

15

bodies;

           (b)           a review of the overall provision of a particular kind of health care by

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.

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     (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

section 44.

     (4)    In exercising its functions under this section in relation to any health care the

Assembly shall be concerned in particular with —

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           (a)           the availability of, and access to, the health care;

           (b)           the quality and effectiveness of the health care;

           (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;

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and

           (e)           the effectiveness of measures taken for the purpose specified in

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

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under section 46.

     (5)    For the purposes of this section the Assembly may carry out an inspection of—

           (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).

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     (6)    Where the Assembly conducts a review under this section it must publish a

report.

 

 

 
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