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(b) there are significant failings in the running of a Welsh NHS body; | |
(c) there are significant failings in the running of any other person, or the | |
practice of any individual, providing health care for a Welsh NHS | |
body. | |
(5) A report made to the Assembly under subsection (4) may include a | 5 |
recommendation that, with a view to remedying the failings in question, the | |
Assembly take special measures in relation to— | |
(a) in a case falling within paragraph (a) or (b) of subsection (4), the Welsh | |
NHS body in question; and | |
(b) in a case falling within paragraph (c) of that subsection, any person, | 10 |
other than an English NHS body or cross-border SHA, referred to in | |
that paragraph. | |
(6) A report under this section must give the CHAI’s reasons for its view and for | |
any recommendation made. | |
Other functions | 15 |
55 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. | |
56 Studies as to economy, efficiency etc | 20 |
(1) The CHAI has the general function of promoting or undertaking comparative | |
or other studies designed to enable it to make recommendations— | |
(a) for improving economy, efficiency and effectiveness in the exercise of | |
any of the functions of any of the following bodies (whether the | |
functions are exercised by that body or another person)— | 25 |
(i) a Primary Care Trust; | |
(ii) a Strategic Health Authority; | |
(iii) an NHS trust all or most of whose hospitals, establishments and | |
facilities are situated in England; | |
(b) for improving the financial or other management, or operations, of | 30 |
such a body. | |
(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. | |
(3) The CHAI must publish or otherwise make available at least a summary of the | |
result of any studies under this section. | 35 |
(4) The CHAI must, on request, provide the Comptroller and Auditor General | |
with all material relevant to studies under this section. | |
(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 | 40 |
do so on such terms, including terms as to payment, as the CHAI and the Audit | |
Commission may agree. | |
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57 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— | 5 |
(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 obtain the consent of the regulator before making | 10 |
provision 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). | 15 |
Exercise of functions: general | |
58 Considerations and criteria | |
(1) In exercising its functions under this Chapter the CHAI must have regard to | |
such aspects of government policy as the Secretary of State may direct in | |
writing. | 20 |
(2) A direction given under subsection (1) or (2) may be varied or revoked by a | |
further such direction. | |
(3) The Secretary of State may, after consulting the CHAI, make regulations | |
requiring the CHAI— | |
(a) to devise and publish statements of the criteria to be used in the exercise | 25 |
of any of its functions under this Chapter (other than under sections 46 | |
and 51); and | |
(b) to obtain the consent of the Secretary of State before publishing any | |
such statement. | |
59 Failure in discharge of functions | 30 |
(1) Where the Secretary of State considers that the CHAI is to a significant extent— | |
(a) failing to discharge any of its functions under this Chapter, or | |
(b) failing properly to discharge any of those functions; | |
he may give a direction in writing to the CHAI. | |
(2) The CHAI must comply with any such direction. | 35 |
(3) A direction given under this section may be varied or revoked by a further such | |
direction. | |
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Supplementary | |
60 Fees | |
(1) The CHAI may from time to time make and publish provision requiring a | |
person or body to whom this section applies to pay a fee in respect of the | |
exercise by CHAI, in relation to that person or body, of such of its reviewing | 5 |
and investigating functions under this Chapter as may be specified in | |
regulations made by the Secretary of State. | |
(2) This section applies to— | |
(a) any English NHS body; | |
(b) any cross-border SHA; and | 10 |
(c) any other person of a description specified in regulations made by the | |
Secretary of State. | |
(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— | 15 |
(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. | |
(5) Before making any provision under subsection (1) the CHAI must consult such | 20 |
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; | |
(b) the matters to be taken into account by the CHAI before making the | 25 |
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 | |
amount for that amount. | 30 |
(8) The Secretary of State must obtain the consent of the Assembly before | |
specifying a Welsh NHS body under subsection (2)(c). | |
(9) 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. | 35 |
61 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. | 40 |
(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. | |
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62 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 any— | |
(a) premises owned or controlled by an NHS body; | 5 |
(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 | 10 |
by this section must if so required produce some duly authenticated document | |
showing his authority to exercise the power. | |
63 Right of entry: supplementary | |
(1) A person authorised by virtue of section 62 to enter and inspect premises may, | |
if he considers it necessary or expedient for the purposes of this Chapter— | 15 |
(a) inspect and take copies of any documents or records (including | |
personal records); | |
(b) inspect any other item and remove it from the premises; and | |
(c) interview in private— | |
(i) any person working at the premises; | 20 |
(ii) any person receiving health care there who consents to be | |
interviewed | |
(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 | 25 |
(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. | |
(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 | 30 |
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 62 to enter any premises may— | |
(a) require any person to afford him such facilities and assistance with | |
respect to matters within the person’s control as are necessary to enable | 35 |
him to exercise his powers under section 62 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— | |
(a) obstructs the exercise of any power conferred by section 62 or this | 40 |
section, or | |
(b) fails to comply with any requirement of section 62 or 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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