(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
(5) A report made to the Assembly under subsection (4) may include a
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,
other than an English NHS body or cross-border SHA, referred to in
(6) A report under this section must give the CHAI’s reasons for its view and for
any recommendation made.
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
(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)—
(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
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.
(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
do so on such terms, including terms as to payment, as the CHAI and the Audit
Commission may agree.
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—
(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
(2) The Secretary of State must obtain the consent of the regulator before making
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).
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
(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
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
59 Failure in discharge of functions
(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.
(3) A direction given under this section may be varied or revoked by a further such
(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
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
(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—
(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
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
(b) the matters to be taken into account by the CHAI before making the
(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.
(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.
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.
(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.
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;
(b) any other premises used, or proposed to be used, for any purpose
(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
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—
(a) inspect and take copies of any documents or records (including
(b) inspect any other item and remove it from the premises; and
(c) interview in private—
(i) any person working at the premises;
(ii) any person receiving health care there who consents to be
(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
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
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
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
(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.