House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

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

23

 

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;

(b)   

the methods used in the collection and analysis of such data; and

5

(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 has the function of promoting the effective co-ordination of reviews

or assessments carried out by public bodies or other persons in relation to the

10

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

studies designed to enable it to make recommendations for improving

15

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

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

20

(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.

25

(5)   

The Secretary of State may, after consulting the CHAI, by regulations make

provision as to the procedure to be followed in respect of the making of

representations to the CHAI before the publication of any recommendations or

the result of any studies under this section.

(6)   

The CHAI’s functions under this section may be exercised on its behalf by the

30

Audit Commission, if the Audit Commission and the CHAI so agree.

(7)   

Where the Audit Commission exercises functions under subsection (6), it shall

do so on such terms, including terms as to payment, as the CHAI and the Audit

Commission may agree.

58      

Additional functions

35

(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—

 

 

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

24

 

(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

5

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.

10

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 48(1), 49, 51 or 53 in

15

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 52, 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

20

its functions under section 48(1), 49, 51 or 53 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

25

reference to the exercise of that function—

(a)   

subsection (1)(a);

(b)   

subsection (1)(b);

(c)   

subsection (2).

(4)   

Regulations under this section may require the CHAI—

30

(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

statement under subsection (1);

(c)   

to obtain the consent of the Assembly before publishing a statement

35

under subsection (2).

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 50 to 52

or a study under section 57.

40

(2)   

The CHAI must, on request, provide the regulator with—

(a)   

any material which is relevant to a review or investigation under

sections 50 to 52 and relates to the provision of health care by or for an

NHS foundation trust;

 

 

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

25

 

(b)   

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

to an NHS foundation trust.

61      

Co-operation between CHAI and the regulator

(1)   

The CHAI and the regulator must co-operate with each other in the exercise of

their respective functions under Part 1 and this Chapter.

5

(2)   

In particular, for the purposes of subsection (1)—

(a)   

the CHAI must keep the regulator informed about the provision of

health care by and for NHS foundation trusts;

(b)   

the regulator must give to the CHAI any information it has about the

provision of health care by or for an NHS foundation trust which it

10

considers would assist the CHAI in the discharge of its functions.

62      

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 or to health

15

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

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

20

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

a fee.

(3)   

The amount of a fee payable under provision under subsection (1) shall be such

25

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;

(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

30

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

persons as appear to it appropriate.

(6)   

The Secretary of State may by regulations make provision as to—

35

(a)   

the manner in which provision under subsection (1) is to be made and

published;

(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

40

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

amount for that amount.

 

 

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

26

 

(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

method of recovery, be recovered summarily as a civil debt.

5

63      

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

that body, of such of its functions under this Chapter as may be

10

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

of its functions under this Chapter as may be prescribed.

15

(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.

(4)   

Provision under subsection (1) may include provision—

20

(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.

25

(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

published;

30

(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

case and, if that person or panel thinks fit, to substitute a lesser amount for that

35

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

40

method of recovery, be recovered summarily as a civil debt.

 

 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2003
Revised 13 November 2003