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64 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— | 5 |
(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— | 10 |
(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 | 15 |
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. | 20 |
65 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 | 25 |
sections 62 to 64, | |
(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, | |
in circumstances where the CHAI considers the explanation necessary or | 30 |
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 prescribed. | |
(3) 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 | 35 |
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 | |
66 Reviews and investigations relating to Wales | 40 |
(1) The Assembly has the function of conducting— | |
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(a) reviews of, and investigations into, the provision of health care by a | |
Welsh NHS body; | |
(b) reviews of, and investigations into, the provision of health care for a | |
Welsh NHS body, otherwise than by an NHS foundation trust; | |
(c) reviews into the arrangements made by Welsh NHS bodies for the | 5 |
purpose of discharging their functions under section 40. | |
(2) In exercising its functions under subsection (1) in relation to any health care the | |
Assembly shall be concerned in particular with — | |
(a) the availability of, and access to, the health care; | |
(b) the quality and effectiveness of the health care; | 10 |
(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; | |
and | |
(e) the effectiveness of measures taken for the purpose specified in | 15 |
paragraph (d) by the body in question and any person who provides, | |
or is to provide, health care for that body, | |
and must take into account the standards set out in statements published | |
under section 42. | |
(3) For the purposes of subsection (1) the Assembly may, subject to this Part, | 20 |
conduct an inspection of— | |
(a) any Welsh NHS body; | |
(b) any other person, other than an NHS foundation trust, who provides, | |
or is to provide, health care for a Welsh NHS body (in Wales or | |
elsewhere). | 25 |
(4) Where the Assembly conducts a review under this section it must publish such | |
report as it considers appropriate. | |
67 Reporting to Secretary of State | |
(1) The Assembly must report to the Secretary of State where, after conducting a | |
review or investigation under section 66, it is of the view that— | 30 |
(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 | 35 |
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— | 40 |
(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) A report under this section must give the Assembly’s reasons for its view and | |
for any recommendation made. | 45 |
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Ancillary powers | |
68 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 | |
time enter and inspect any— | 5 |
(a) 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 | |
(ii) the discharge of any of the functions of a Welsh NHS body. | 10 |
(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. | |
69 Right of entry: supplementary | |
(1) A person authorised by virtue of section 68 to enter and inspect premises may, | 15 |
if he considers it necessary or expedient for the purposes of this Chapter— | |
(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— | 20 |
(i) any person working at the premises; | |
(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 | 25 |
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 | 30 |
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 68 to enter any premises may— | |
(a) require any person to afford him such facilities and assistance with | 35 |
respect to matters within the person’s control as are necessary to enable | |
him to exercise his powers under section 68 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— | 40 |
(a) obstructs the exercise of any power conferred by section 68 or this | |
section, or | |
(b) fails to comply with any requirement of section 68 or this section, | |
is guilty of an offence and liable on summary conviction to a fine not exceeding | |
level 4 on the standard scale. | 45 |
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70 Power to require documents and information | |
(1) The Assembly 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— | 5 |
(i) the provision of health care by or for a Welsh NHS body; or | |
(ii) the discharge of any of the functions of a Welsh NHS body; and | |
(b) which the Assembly considers it necessary or expedient to have for the | |
purposes of this Chapter. | |
(2) The persons referred to in subsection (1) are— | 10 |
(a) the Welsh NHS body; | |
(b) any person providing health care for, or exercising functions of, the | |
Welsh NHS body; | |
(c) a local authority in Wales. | |
(3) The power in subsection (1) to require the provision of records includes, in | 15 |
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. | 20 |
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71 Power to require explanation | |
(1) The Assembly may by regulations make provision requiring prescribed | |
persons to provide to the Assembly, or to persons authorised by it, an | |
explanation of— | 25 |
(a) any documents, records or items inspected, copied or provided under | |
sections 68 to 70, | |
(b) any information provided under those sections, or | |
(c) any matters which are the subject of the exercise of any function of the | |
Assembly under section 66, and | 30 |
in circumstances where the Assembly 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 prescribed. | |
(3) Any person who without reasonable excuse fails to comply with any | 35 |
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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Chapter 5 | |
Social services: functions of CSCI | |
Provision of social services | |
72 Introductory | |
(1) The CSCI has the general function of encouraging improvement in the | 5 |
provision of English local authority social services. | |
(2) In exercising its functions under sections 73 to 77 in relation to the provision of | |
such services the CSCI shall be concerned in particular with— | |
(a) the availability of, and access to, the services; | |
(b) the quality and effectiveness of the services; | 10 |
(c) the management of the services; | |
(d) the economy and efficiency of their provision and their value for | |
money; | |
(e) the need to safeguard and promote the rights and welfare of children; | |
and | 15 |
(f) the effectiveness of measures taken by local authorities for the purpose | |
specified in paragraph (e). | |
73 Information and advice | |
(1) The CSCI is to keep the Secretary of State informed about the provision of | |
English local authority social services. | 20 |
(2) The CSCI may at any time give advice to the Secretary of State on any matter | |
connected with the provision of English local authority social services. | |
(3) The CSCI may in particular under subsection (2) give advice to the Secretary of | |
State on any changes which it thinks should be made, for the purpose of | |
securing improvement in the quality of services provided by local authorities | 25 |
in England in the exercise of the functions referred to in section 43(3)(a) and (b) | |
of the Care Standards Act 2000 (c. 14) (adoption and fostering functions). | |
(4) When requested to do so by the Secretary of State, the CSCI must give him | |
advice or information on such matters connected with the provision of English | |
local authority social services as may be specified in the request. | 30 |
(5) The CSCI may give advice to the Secretary of State or any local authority in | |
England about the establishment or conduct of any inquiry held, or to be held, | |
by the Secretary of State or the authority in relation to the provision of English | |
local authority social services. | |
74 Review of studies and research | 35 |
(1) The CSCI may review— | |
(a) studies and research undertaken by others in relation to the provision | |
of English local authority social services; | |
(b) the methods used in such studies and research; and | |
(c) the validity of the conclusions drawn from such studies and research. | 40 |
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(2) Where the CSCI conducts a review under this section it must publish such | |
report as it thinks appropriate. | |
75 Annual reviews and investigations | |
(1) In each financial year the CSCI must conduct a review of the English local | |
authority social services which are provided by, or pursuant to arrangements | 5 |
made by, each local authority in England. | |
(2) After conducting a review under subsection (1) in respect of a local authority | |
the CSCI must award a performance rating to that authority. | |
(3) The CSCI 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. | 10 |
(4) The CSCI must publish the criteria devised and approved from time to time | |
under subsection (3). | |
(5) In exercising its function under this section the CSCI must take into account | |
guidance issued to local authorities under section 7 of the Local Authority | |
Social Services Act 1970 (c. 42). | 15 |
(6) In exercising its function under this section in relation to the functions referred | |
to in section 43(3)(a) and (b) of the Care Standards Act 2000 (c. 14) (adoption | |
and fostering functions), the CSCI must take into account the standards | |
prepared and published from time to time under section 23 of that Act. | |
(7) For the purposes of this section, the CSCI may carry out an inspection of— | 20 |
(a) the local authority being reviewed; | |
(b) any person providing an English local authority social service pursuant | |
to arrangements made by the authority. | |
76 Other reviews and investigations | |
(1) The CSCI has the function of conducting other reviews of, and investigations | 25 |
into, the provision of English local authority social services. | |
(2) The CSCI may in particular under this section conduct— | |
(a) a review of the overall provision of English local authority social | |
services; | |
(b) a review of the provision of any English local authority social service of | 30 |
a particular description; or | |
(c) a review of, or investigation into, the provision of any English local | |
authority social service by a particular person or persons. | |
(3) If the Secretary of State so requests, the CSCI must conduct a review under this | |
section in relation to— | 35 |
(a) the provision by such local authority in England of such services as | |
may be specified in the request; and | |
(b) the provision pursuant to arrangements made by such local authority | |
in England of such services as may be so specified. | |
(4) In exercising its functions under this section the CSCI must take into account | 40 |
guidance issued to local authorities under section 7 of the Local Authority | |
Social Services Act 1970. | |
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(5) In exercising its function under this section in relation to the functions referred | |
to in section 43(3)(a) and (b) of the Care Standards Act 2000 (c. 14) (adoption | |
and fostering functions), the CSCI must take into account the standards | |
prepared and published from time to time under section 23 of that Act. | |
(6) For the purposes of this section, the CSCI may carry out an inspection of— | 5 |
(a) any local authority in England; | |
(b) any other person providing an English local authority social service. | |
(7) Where the CSCI conducts a review or investigation under this section, it must | |
publish such report as it thinks appropriate. | |
77 Failings | 10 |
(1) This section applies where the CSCI conducts— | |
(a) a review under section 75; or | |
(b) a review or investigation under section 76. | |
(2) If under section 75 the CSCI awards the lowest performance rating to a local | |
authority, the CSCI must— | 15 |
(a) inform the Secretary of State of that fact; and | |
(b) recommend any special measures which it considers the Secretary of | |
State should take. | |
(3) If (in a case where subsection (2) does not apply) the CSCI considers that a local | |
authority in England is failing to discharge any of its social services functions | 20 |
to an acceptable standard, it must— | |
(a) inform the Secretary of State of that fact; and | |
(b) recommend any special measures which it considers the Secretary of | |
State should take. | |
(4) However, in a case falling within subsection (3), if the CSCI considers that the | 25 |
failure is not substantial, it may instead— | |
(a) give the local authority a notice under subsection (5); and | |
(b) inform the Secretary of State that it has done so. | |
(5) A notice under this subsection is a notice which specifies— | |
(a) the respects in which the CSCI considers that the local authority is | 30 |
failing; | |
(b) the action which the CSCI considers the authority should take to | |
remedy the failure; and | |
(c) the time by which such action must be taken. | |
(6) Where under subsection (2)(b) or (3)(b) the CSCI has recommended that the | 35 |
Secretary of State take special measures in relation to a local authority, the | |
CSCI must, if the Secretary of State so requests— | |
(a) undertake a further review under section 76 in relation to the authority; | |
and | |
(b) include in its report under subsection (5) of that section a report on such | 40 |
matters as the Secretary of State may specify. | |
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