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Supplementary | |
35 Interpretation of Part 1 | |
(1) In this Part— | |
“the 1990 Act” means the National Health Service and Community Care | |
Act 1990 (c. 19), | 5 |
“authorisation” means an authorisation under section 6, | |
“health service body” means a Strategic Health Authority, a Special | |
Health Authority, an NHS trust, an NHS foundation trust or a Primary | |
Care Trust, | |
“the registrar of companies” means the registrar or other officer | 10 |
performing under the Companies Act 1985 (c. 6) the duty of | |
registration of companies in England and Wales, | |
“regulations” means regulations made by the Secretary of State. | |
(2) Other expressions used in this Part and in the 1977 Act have the same meaning | |
in this Part as in that Act. | 15 |
(3) Any references in this Part, in relation to property held on trust, to the purposes | |
of an NHS foundation trust are to the general or any specific purposes of the | |
NHS foundation trust (including the purposes of any specific hospital at or | |
from which services are provided by the trust). | |
(4) Any references in this Part to goods and services are to be interpreted in | 20 |
accordance with section 14(4). | |
Part 2 | |
Standards | |
Chapter 1 | |
Regulatory bodies | 25 |
36 The Commission for Healthcare Audit and Inspection | |
(1) There is to be a body corporate known as the Commission for Healthcare Audit | |
and Inspection (in this Part referred to as the CHAI). | |
(2) Schedule 5 (which makes further provision about the CHAI) has effect. | |
37 The Commission for Social Care Inspection | 30 |
(1) There is to be a body corporate known as the Commission for Social Care | |
Inspection (in this Part referred to as the CSCI). | |
(2) Schedule 6 (which makes further provision about the CSCI) has effect. | |
38 Transfer of property etc to CHAI and CSCI | |
Schedule 7 (which makes provision for the transfer of property, rights and | 35 |
liabilities to the CHAI and the CSCI) has effect. | |
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39 Abolition of former regulatory bodies | |
(1) The Commission for Health Improvement is abolished. | |
(2) The National Care Standards Commission is abolished. | |
Chapter 2 | |
NHS Health Care: Introductory | 5 |
40 Quality in health care | |
(1) It is the duty of each NHS body to put and keep in place arrangements for the | |
purpose of monitoring and improving the quality of health care provided by | |
and for that body. | |
(2) In this Part “health care” means— | 10 |
(a) services provided to individuals for or in connection with the | |
prevention, diagnosis or treatment of illness; and | |
(b) the promotion and protection of public health. | |
(3) In subsection (2)(a), “illness” has the meaning given by section 128(1) of the | |
1977 Act. | 15 |
41 Standards set by Secretary of State | |
(1) The Secretary of State may prepare and publish statements of standards in | |
relation to the provision of health care by and for English NHS bodies and | |
cross-border SHAs. | |
(2) The Secretary of State must keep the standards under review and may publish | 20 |
amended statements whenever he considers it appropriate. | |
(3) The Secretary of State must consult such persons as he considers appropriate— | |
(a) before publishing a statement under this section; | |
(b) before publishing an amended statement under this section which in | |
the opinion of the Secretary of State effects a substantial change in the | 25 |
standards. | |
(4) The standards set out in statements under this section are to be taken into | |
account by every English NHS body and cross-border SHA in discharging its | |
duty under section 40. | |
42 Standards set by Assembly | 30 |
(1) The Assembly may prepare and publish statements of standards in relation to | |
the provision of health care by and for Welsh NHS bodies. | |
(2) The Assembly must keep the standards under review and may publish | |
amended statements whenever it considers it appropriate. | |
(3) The Assembly must consult such persons as it considers appropriate— | 35 |
(a) before publishing a statement under this section; | |
(b) before publishing an amended statement under this section which in | |
the opinion of the Assembly effects a substantial change in the | |
standards. | |
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(4) The standards set out in statements under this section are to be taken into | |
account by every Welsh NHS body in discharging its duty under section 40. | |
Chapter 3 | |
NHS health care: functions of CHAI | |
General functions | 5 |
43 Information and advice | |
(1) The CHAI is to keep the appropriate authority informed about the provision of | |
health care by and for any NHS body. | |
(2) The CHAI may at any time give advice to the appropriate authority on any | |
matter connected with the provision of such health care (including, in | 10 |
particular, advice on any changes which it thinks should be made to the | |
standards under section 41 or 42 for the purpose of securing improvement in | |
the quality of the health care). | |
(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 | 15 |
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 | |
authority or the body in relation to the provision of health care by or for that | |
body. | 20 |
(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 | |
(b) the Assembly, in relation to the provision of health care by or for a | |
Welsh NHS body. | 25 |
44 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 | 30 |
(c) the validity of conclusions drawn from such data. | |
(2) Where the CHAI conducts a review under this section it must publish such | |
report as it considers appropriate. | |
Functions relating to NHS foundation trusts | |
45 Information and advice | 35 |
(1) The CHAI is to keep the regulator informed about the provision of health care | |
which is provided 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 CHAI may, at the request of an NHS foundation trust, give it advice or | |
information on any matter connected with the provision of health care by or for | |
the trust. | 5 |
46 Annual reviews of NHS foundation trusts | |
(1) In each financial year the CHAI must conduct a review of the provision of | |
health care by and for each NHS foundation trust and award a performance | |
rating to each one. | |
(2) The CHAI is to exercise its function under this section by reference to— | 10 |
(a) criteria from time to time devised by it and approved by the Secretary | |
of State; and | |
(b) the standards set out in statements published under section 41. | |
(3) The CHAI must publish the criteria devised and approved from time to time | |
under subsection (2)(a). | 15 |
(4) For the purposes of this section the CHAI may, subject to this Part, conduct an | |
inspection of— | |
(a) the NHS foundation trust being reviewed; and | |
(b) any person who provides, or is to provide, health care for that body | |
(wherever the health care is provided). | 20 |
47 Other reviews and investigations | |
(1) The CHAI has the function of conducting reviews of the extent to which an | |
NHS foundation trust complies with— | |
(a) the terms of its authorisation; | |
(b) any requirement imposed on it by or under an enactment; and | 25 |
(c) the terms of any arrangement under which the trust provides health | |
care for another NHS body. | |
(2) The CHAI may in a review under subsection (1)— | |
(a) assess performance against criteria; | |
(b) award performance ratings. | 30 |
(3) Where an NHS foundation trust has contravened, or failed to comply with, any | |
of the matters referred to in subsection (1) (or is alleged to have done so), the | |
CHAI may investigate the failure. | |
(4) For the purposes of this section the CHAI may, subject to this Part, conduct an | |
inspection of— | 35 |
(a) an NHS foundation trust; | |
(b) any person who provides, or is to provide, health care for an NHS | |
foundation trust (wherever the health care is or is to be provided). | |
(5) Where the CHAI conducts a review or investigation under this section it must | |
publish such report as it considers appropriate. | 40 |
(6) An NHS foundation trust must, if regulations so provide, publish a statement | |
as to the action it proposes to take as a result of any review or investigation | |
conducted under this section in relation to it. | |
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(7) The CHAI must, on request, provide the Comptroller and Auditor General | |
with all material relevant to a review or investigation under this section. | |
(8) The regulator and the CHAI must co-operate with each other in the exercise of | |
their respective functions under Part 1 and this section. | |
48 Failures in compliance | 5 |
(1) This section applies where the CHAI conducts— | |
(a) a review under section 46; or | |
(b) a review or investigation under section 47(1) or (3). | |
(2) The CHAI must report to the regulator if it is of the view that— | |
(a) an NHS foundation trust is to a significant extent contravening, or | 10 |
failing to comply with, any term of its authorisation or any requirement | |
imposed on it under this Act or any other enactment; or | |
(b) an NHS foundation trust has to a significant extent contravened, or | |
failed to comply with, any such term or requirement and is likely to do | |
so again. | 15 |
(3) The report may include a recommendation that the regulator take measures in | |
relation to the NHS foundation trust with a view to remedying the failure. | |
(4) A report under this section must give the CHAI’s reasons for its view and for | |
any recommendation under subsection (3). | |
Healthcare provided by and for other NHS bodies | 20 |
49 Introductory | |
(1) The CHAI has the function of encouraging improvement in the provision of | |
health care by and for NHS bodies, other than NHS foundation trusts. | |
(2) In exercising its functions under sections 50 to 54 in relation to such provision, | |
the CHAI shall be concerned in particular with— | 25 |
(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; | 30 |
and | |
(e) the effectiveness of measures taken for the purpose of paragraph (d) by | |
the body in question and any person who provides, or is to provide, | |
health care for that body. | |
50 National performance data | 35 |
The CHAI has the function of publishing data relating to the provision of | |
health care by and for NHS bodies, other than NHS foundation trusts. | |
51 Annual reviews | |
(1) In each financial year the CHAI must conduct a review of the provision of | |
health care by and for— | 40 |
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(a) each English NHS body, other than an NHS foundation trust, and | |
(b) each cross-border SHA, | |
and must award a performance rating to each such body. | |
(2) The CHAI is to exercise its function under this section by reference to criteria | |
from time to time devised by it and approved by the Secretary of State. | 5 |
(3) The CHAI must publish the criteria devised and approved from time to time | |
under subsection (2). | |
(4) In exercising its functions under this section in relation to any health care the | |
CHAI must take into account the standards set out in statements published | |
under section 41. | 10 |
(5) For the purposes of this section the CHAI may, subject to this Part, conduct an | |
inspection of— | |
(a) the body being reviewed; and | |
(b) any person who provides, or is to provide, health care for that body | |
(wherever the health care is or is to be provided). | 15 |
(6) Subsection (1) does not apply in relation to any health care provided for an | |
English NHS body or cross-border SHA by an NHS foundation trust. | |
52 National reviews | |
(1) The CHAI has the function of conducting reviews into— | |
(a) the overall provision of particular kinds of health care by and for NHS | 20 |
bodies, other than NHS foundation trusts; | |
(b) the provision of health care, or a particular kind of health care, by and | |
for NHS bodies, other than NHS foundation trusts, of a particular | |
description. | |
(2) For the purposes of this section the CHAI may, subject to this Part, conduct an | 25 |
inspection of— | |
(a) any NHS body; and | |
(b) any person, other than an NHS foundation trust, who provides, or is to | |
provide, health care for an NHS body (wherever the health care is | |
provided). | 30 |
(3) Where the CHAI conducts a review under this section it must publish such | |
report as it considers appropriate. | |
(4) The CHAI must, on request, provide the Comptroller and Auditor General | |
with all material relevant to a review or investigation under this section. | |
53 Other reviews and investigations | 35 |
(1) The CHAI has the function of conducting other reviews of, and investigations | |
into, the provision of health care by or for— | |
(a) an English NHS body, other than an NHS foundation trust; | |
(b) a cross-border SHA. | |
(2) The CHAI has the function of conducting reviews of the arrangements made | 40 |
by— | |
(a) an English NHS body, other than an NHS foundation trust, or | |
(b) a cross-border SHA, | |
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for the purposes of discharging its duty under section 40. | |
(3) If the Secretary of State so requests, the CHAI must conduct a review or | |
investigation under this section in relation to the provision of such health care | |
by or for such English NHS body or cross-border SHA as may be specified in | |
the request. | 5 |
(4) In exercising its functions under this section in relation to any health care the | |
CHAI must take into account the standards set out in statements published | |
under section 41. | |
(5) For the purposes of this section the CHAI may, subject to this Part, conduct an | |
inspection of— | 10 |
(a) the NHS body in question; and | |
(b) any person, other than an NHS foundation trust, who provides, or is to | |
provide, health care for that body (wherever the health care is or is to | |
be provided). | |
(6) Where the CHAI conducts a review or investigation under this section it must | 15 |
publish such report as it thinks appropriate. | |
(7) An NHS body must, if regulations so provide, publish a statement as to the | |
action it proposes to take as a result of any review or investigation conducted | |
under this section in relation to it. | |
(8) The CHAI must, on request, provide the Comptroller and Auditor General | 20 |
with all material relevant to a review or investigation under this section. | |
(9) Subsection (1) does not apply in relation to any health care provided for an | |
English NHS body or cross-border SHA by an NHS foundation trust. | |
54 Failings | |
(1) This section applies where the CHAI conducts— | 25 |
(a) a review under section 51 or 52; or | |
(b) a review or investigation under section 53. | |
(2) The CHAI must make a report to the Secretary of State if it is of the view that— | |
(a) there are significant failings in relation to the provision of health care | |
by or for an English NHS body or cross-border SHA; | 30 |
(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 person, or the | |
practice of any individual, providing health care for an English NHS | |
body or cross-border SHA. | 35 |
(3) A report made to the Secretary of State under subsection (2) may include a | |
recommendation that, with a view to remedying the failings in question, the | |
Secretary of State take special measures in relation to— | |
(a) in a case falling within paragraph (a) or (b) of subsection (2), the English | |
NHS body or cross-border SHA in question; | 40 |
(b) in a case falling within paragraph (c) of that subsection, any person | |
other than a Welsh NHS body, referred to in that paragraph. | |
(4) The CHAI must also report to the Assembly where it is of the view that— | |
(a) there are significant failings in relation to the provision of health care | |
by or for a Welsh NHS body; | 45 |
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