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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

27

 

64      

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.

(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.

5

(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.

65      

Co-operation between CHAI and the Audit Commission

The CHAI and the Audit Commission must co-operate with each other in

10

relation to matters in respect of which both have functions.

66      

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—

15

(a)   

any premises owned or controlled by an NHS body;

(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.

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(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.

67      

Right of entry: supplementary

(1)   

A person authorised by virtue of section 66 to enter and inspect premises may,

25

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);

(b)   

inspect any other item and remove it from the premises;

(c)   

interview in private—

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(i)   

any person working at the premises;

(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.

35

(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

(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

40

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

 

 

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

28

 

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 66 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 66 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—

10

(a)   

obstructs the exercise of any power conferred by section 66 or this

section, or

(b)   

fails to comply with any requirement of section 66 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

68      

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—

20

(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—

25

(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

30

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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69      

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

40

sections 66 to 68,

(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

29

 

   

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

70      

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.

20

(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 45.

(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 availability and quality of information provided to the public about

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the health care;

(e)   

the need to safeguard and promote the rights and welfare of children;

and

(f)   

the effectiveness of measures taken for the purpose specified in

paragraph (e) by the body in question and any person who provides, or

35

is to provide, health care for that body,

   

and must take into account the standards set out in statements published

under section 47.

(5)   

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

(a)   

any Welsh NHS body;

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(b)   

any other person who provides, or is to provide, health care for a Welsh

NHS body (in Wales or elsewhere).

 

 

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

30

 

(6)   

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

report.

71      

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 70, it is of the view that—

5

(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

(b)   

there are significant failings in the running of an English NHS body or

cross-border SHA;

(c)   

there are significant failings in the running of any body, or the practice

10

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

relation to—

15

(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

investigation under section 70, it is of the view that —

20

(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

(c)   

there are significant failings in the running of any body, or the practice

25

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.

(5)   

A report under this section must give the Assembly’s reasons for its view and

30

for any recommendation made.

Ancillary powers

72      

Right of entry

(1)   

A person authorised to do so by the Assembly may, if the Assembly considers

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

35

time enter and inspect—

(a)   

any premises owned or controlled by a Welsh NHS body;

(b)   

any other premises used, or proposed to be used, for any purpose

connected with—

(i)   

the provision of health care by or for a Welsh NHS body; or

40

(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.

 

 

 
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