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the Commissioner may, subject to the provisions of this Act, investigate | |
the alleged maladministration.” | |
115 Complaints: data protection | |
In section 31 of the Data Protection Act 1998 (c. 29) (regulatory activity) at the | |
end there is inserted— | 5 |
“(6) Personal data processed for the purpose of the function of considering | |
a complaint under section 109, 110, 111 or 112 of the Health and Social | |
Care (Community Health and Standards) Act 2003, or sections 24D, 26 | |
or 26ZA of the Children Act 1989, are exempt from the subject | |
information provisions in any case to the extent to which the | 10 |
application of those provisions to the data would be likely to prejudice | |
the proper discharge of that function.” | |
Chapter 10 | |
Supplementary and general | |
Joint working | 15 |
116 Co-operation etc between CHAI and CSCI | |
(1) The CHAI and the CSCI must co-operate with each other where it seems to | |
them appropriate to do so for the efficient and effective discharge of their | |
respective functions. | |
(2) The CHAI and the CSCI must, in prescribed circumstances, consult each other | 20 |
in relation to the proposed exercise of their functions. | |
(3) Each of CHAI and the CSCI may each delegate to the other any of its functions | |
to be exercised by the other on its behalf. | |
(4) The CHAI and the CSCI may, subject to such conditions as may be prescribed, | |
enter into arrangements for the pooling of financial resources whenever they | 25 |
consider it appropriate to do so. | |
117 Joint reviews and investigations: CHAI and CSCI | |
(1) The CHAI and the CSCI may exercise any of their powers to conduct reviews | |
and investigations under this Part in conjunction with each other. | |
(2) The CHAI may conduct a review or investigation under this Part, or undertake | 30 |
a study under section 56, in conjunction with a review, investigation or study | |
relating to any functions of an NHS body which is being conducted by any | |
other public authority. | |
(3) The CSCI may conduct a review or investigation under this Part, or a study | |
under section 78 in conjunction with a review, investigation or study relating | 35 |
to any other functions of a local authority which is being conducted by any | |
other public authority. | |
(4) Where a review, investigation or study is being conducted by the CHAI in | |
conjunction with any other authority pursuant to this section, any report which | |
under this Part the CHAI is required to publish in relation to the review, | 40 |
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(4) investigation or study may consist of a joint report by the CHAI and the other | |
authority as to all the matters being investigated by both of them. | |
(5) Where a review, investigation or study is being conducted by the CSCI in | |
conjunction with any other authority pursuant to this section, any report which | |
under this Part the CSCI is required to publish in relation to the review, | 5 |
investigation or study may consist of a joint report by the CSCI and the other | |
authority as to all the matters being investigated by both of them. | |
(6) This section is without prejudice to any other powers of the CHAI or the CSCI. | |
118 Power to assist | |
(1) The CHAI or the CSCI may if it thinks appropriate to do so provide assistance | 10 |
to any other public body in the United Kingdom for the purpose of the exercise | |
by that body of its functions. | |
(2) The CHAI may if it thinks appropriate to do so provide assistance to the | |
regulator for the purpose of the exercise of the regulator’s functions. | |
(3) Assistance provided by the CHAI or the CSCI under this section may be | 15 |
provided on such terms, including terms as to payment, as it thinks fit. | |
119 Arrangements with Ministers etc: CHAI | |
(1) Arrangements may be made between the CHAI and a Minister of the Crown — | |
(a) for the CHAI to perform any of its functions in relation to any | |
prescribed health scheme for which the Minister has responsibility; or | 20 |
(b) for the CHAI to provide services or facilities in so far as they are | |
required by the Minister in connection with any such health scheme. | |
(2) Arrangements may be made between the CHAI and a Northern Ireland | |
Minister— | |
(a) for the CHAI to perform on behalf of the Minister any functions of the | 25 |
Minister which— | |
(i) correspond to any functions of the CHAI; and | |
(ii) relate to the Northern Irish health service; | |
(b) for the CHAI to provide services or facilities in so far as they are | |
required by the Minister in connection with the exercise by him of any | 30 |
such functions. | |
(3) Arrangements under this section may be made on such terms and conditions | |
as may be agreed between the parties to the arrangements. | |
(4) Those terms and conditions may include provision with respect to the making | |
of payments to the CHAI in respect of the cost to it of performing or providing | 35 |
any functions, services or facilities under the arrangements. | |
(5) Any arrangements under subsection (2)(a) are not to affect the responsibility of | |
the Northern Ireland Minister on whose behalf any functions are exercised. | |
(6) In this section— | |
“health scheme” means any scheme which appears to the Secretary of | 40 |
State to be a health or medical scheme paid for out of public funds; | |
“Northern Ireland Minister” includes the First Minister, the deputy First | |
Minister and a Northern Ireland department; | |
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“Northern Irish health service” means any of the health services under | |
any enactment which extends to Northern Ireland and which | |
corresponds to section 1(1) of the 1977 Act. | |
120 Arrangements with Ministers etc: CSCI | |
(1) Arrangements may be made between the CSCI and a Minister of the Crown— | 5 |
(a) for the CSCI to advise the Minister with respect to the provision of any | |
services for which the Minister has responsibility which are similar to | |
English local authority social services; or | |
(b) for the CSCI to review, and conduct inspections in relation to, the | |
provision of any such services. | 10 |
(2) Arrangements may be made between the CSCI and a Northern Ireland | |
Minister for the CSCI to advise and assist the Northern Ireland Minister with | |
respect to the provision of any services for which the Minister has | |
responsibility which are similar to English local authority social services. | |
(3) Arrangements under this section may be made on such terms and conditions | 15 |
as may be agreed between the parties to the arrangements. | |
(4) Those terms and conditions may include provision with respect to the making | |
of payments to the CSCI in respect of the cost to it of performing or providing | |
any functions, services or facilities under the arrangements. | |
(5) In this section “Northern Ireland Minister” has the same meaning as in section | 20 |
119. | |
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Annual reports | |
121 Annual reports: CHAI | |
(1) As soon as possible after the end of each financial year the CHAI must make a | 25 |
report on each of the following— | |
(a) the way in which it has exercised its functions during the year; | |
(b) the provision of health care by or for NHS bodies. | |
(2) A report under subsection (1)(b) may include information provided to the | |
CHAI by the Assembly. | 30 |
(3) The CHAI must lay before Parliament a copy of each report made under this | |
section. | |
(4) The CHAI must send a copy of each report made under this section to the | |
Secretary of State and the Assembly. | |
122 Annual reports: CSCI | 35 |
(1) As soon as possible after the end of each financial year the CSCI must make a | |
report on each of the following— | |
(a) the way in which it has exercised its functions during the year; | |
(b) what it has found in the course of exercising its functions during the | |
year. | 40 |
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(2) The CSCI must lay before Parliament a copy of each report made under this | |
section. | |
(3) The CSCI must send a copy of each such report to the Secretary of State. | |
(4) The CSCI must also provide the Secretary of State with such reports and | |
information relating to the exercise of its functions as he may from time to time | 5 |
require | |
Inquiries | |
123 Inquiries: CHAI | |
(1) The appropriate authority may cause an inquiry to be held into any matter | |
connected with the exercise by the CHAI of any of its functions (under any | 10 |
enactment). | |
(2) Before an inquiry is begun, the authority may give a direction that it be held in | |
private. | |
(3) Where no such direction has been given, the person holding the inquiry may if | |
he thinks fit hold it, or any part of it, in private. | 15 |
(4) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70) | |
(powers in relation to local inquiries) apply in relation to an inquiry under this | |
section as they apply in relation to a local inquiry under that section | |
(5) The report of the person holding the inquiry is to be published, unless the | |
authority considers that there are exceptional circumstances which make | 20 |
publication inappropriate. | |
(6) Publication under subsection (5) is to be in such manner as the appropriate | |
authority considers appropriate. | |
(7) In this section, the “appropriate authority” means | |
(a) the Secretary of State, in respect of the exercise of functions relating to | 25 |
the provision of health care by or for an English NHS body or cross- | |
border SHA; and | |
(b) the Assembly, in respect of the exercise of functions relating to the | |
provision of health care by or for a Welsh NHS body (and not falling | |
within paragraph (a)). | 30 |
124 Inquiries: CSCI | |
(1) The Secretary of State may cause an inquiry to be held into any matter | |
connected with the exercise by the CSCI of any of its functions (under any | |
enactment). | |
(2) Before an inquiry is begun, the Secretary of State may give a direction that it be | 35 |
held in private. | |
(3) Where no such direction has been given, the person holding the inquiry may if | |
he thinks fit hold it, or any part of it, in private. | |
(4) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (powers | |
in relation to local inquiries) apply in relation to an inquiry under this section | 40 |
as they apply in relation to a local inquiry under that section | |
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(5) The report of the person holding the inquiry is to be published, unless the | |
Secretary of State considers that there are exceptional circumstances which | |
make publication inappropriate. | |
(6) Publication under subsection (5) is to be in such manner as the Secretary of | |
State considers appropriate. | 5 |
Information | |
125 Disclosure of information obtained by CHAI | |
(1) This section applies to information which— | |
(a) has been obtained by the CHAI on terms or in circumstances requiring | |
it to be held in confidence; and | 10 |
(b) relates to and identifies an individual. | |
(2) Subject to section 126, a person is guilty of an offence if he knowingly or | |
recklessly discloses information to which this section applies during the | |
lifetime of the individual to which it relates. | |
(3) A person guilty of an offence under this section is liable— | 15 |
(a) on summary conviction, to imprisonment for a term not exceeding 6 | |
months or to a fine not exceeding the statutory maximum, or to both; | |
(b) on conviction on indictment, to imprisonment for a term not exceeding | |
two years or to a fine or to both. | |
(4) For the purposes of subsection (1)(b), information obtained by the CHAI, or | 20 |
any person authorised by it, is to be regarded as identifying an individual if | |
that individual can be identified— | |
(a) from that information, or | |
(b) from that information and from other information obtained by the | |
CHAI or any person authorised by it. | 25 |
126 Section 125: defence | |
(1) It is a defence for a person charged with an offence under section 125 to prove | |
that at the time of the alleged offence— | |
(a) any of the circumstances in subsection (2) applied in relation to the | |
disclosure in question; or | 30 |
(b) he reasonably believed that they applied. | |
(2) The circumstances referred to in subsection (1) are that— | |
(a) the disclosure was made in a form in which the individual to whom it | |
relates is not identified; | |
(b) the disclosure was made with the consent of the individual to whom | 35 |
the information relates; | |
(c) the information disclosed had previously been lawfully disclosed to the | |
public; | |
(d) the disclosure was made under or pursuant to regulations under | |
section 109 (complaints); | 40 |
(e) the disclosure was made in accordance with any enactment or court | |
order; | |
(f) the disclosure was necessary or expedient for the purposes of | |
protecting the welfare of any individual; | |
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(g) the disclosure was made to any body or person in circumstances where | |
it was necessary or expedient for the person or body to have the | |
information for the purpose of exercising his or its functions under any | |
enactment. | |
(3) It is also a defence for a person charged with an offence under section 125 to | 5 |
prove that the disclosure was made— | |
(a) for the purposes of facilitating the exercise of any functions of the CHAI | |
(under any enactment); | |
(b) in connection with the investigation of a criminal offence (whether or | |
not in the United Kingdom); | 10 |
(c) for the purpose of criminal proceedings (whether or not in the United | |
Kingdom); | |
(4) For the purposes of subsection (2)(a), information disclosed by a person is not | |
to be regarded as being in a form in which an individual is not identified if the | |
individual can be identified— | 15 |
(a) from that information, or | |
(b) from that information and from other information disclosed by the | |
CHAI, by any person authorised by it or by any of its members or | |
employees. | |
127 Information obtained by CHAI: supplementary | 20 |
(1) The CHAI may, subject to section 125, use any information it obtains, or | |
documents produced to it, in the course of exercising any of its functions for | |
the purposes of any of its other functions. | |
(2) A person may disclose information to which section 125 applies | |
notwithstanding any obligation of confidence owed in respect of it, if in | 25 |
disclosing the information, he is not guilty of an offence under that section. | |
128 Information obtained by CSCI: supplementary | |
The CSCI may use any information it obtains, or documents produced to it, in | |
the course of exercising any of its functions for the purposes of any of its other | |
functions. | 30 |
Wales: supplementary | |
129 Annual reports of Assembly | |
As soon as possible after the end of each financial year of the Assembly, the | |
Assembly must make and publish a report or reports on— | |
(a) what it has found during the year in the course of exercising— | 35 |
(i) its functions under Chapter 4 and 6 of this Part other than any | |
function of making regulations); | |
(ii) its functions exercisable by virtue of section 5(b) and 8(1) to (3) | |
of the Care Standards Act 2000 (c. 14); | |
(b) the way in which the Assembly has during the year exercised those | 40 |
functions. | |
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