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130 Use by Assembly of information | |
(1) The Assembly may use any information it obtains, or documents produced to | |
it, in the course of exercising any function of the Assembly referred to in any | |
paragraph of subsection (2) for the purposes of any function of the Assembly | |
referred to in any other paragraph of that subsection. | 5 |
(2) The functions of the Assembly referred to in subsection (1) are— | |
(a) its functions under Chapter 4 of this Part; | |
(b) its functions under Chapter 6 of this Part; | |
(c) its functions exercisable by virtue of section 5(b) or 8(1) to (3) of the Care | |
Standards Act 2000 (c. 14); | 10 |
(d) its functions under section 80 of the Children Act 1989 (c. 41). | |
(3) References to functions in subsection (2) do not include functions of making | |
regulations. | |
131 Inquiries: Wales | |
(1) This section applies where, under section 35 of the Government of Wales Act | 15 |
1998 (c. 38), the Assembly causes an inquiry to be held into any matter relevant | |
to the exercise of— | |
(a) its functions under Chapter 4 or 6 of this Part (other than any function | |
of making regulations); | |
(b) its functions under section 87 of the Children Act 1989. | 20 |
(2) Before an inquiry is begun, the Assembly 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. | |
(4) The report of the person holding the inquiry is to be published, unless the | 25 |
Assembly considers that there are exceptional circumstances which make | |
publication inappropriate. | |
(5) Publication under subsection (4) is to be in such manner as the Assembly | |
considers appropriate. | |
132 Co-operation between Assembly and CHAI | 30 |
(1) The Assembly and the CHAI must co-operate with each other where it seems | |
to them appropriate to do so for the efficient and effective discharge of any | |
relevant function. | |
(2) For the purposes of subsection (1), a relevant function is— | |
(a) any function of the CHAI under Chapter 3 of this Part; | 35 |
(b) any function of the Assembly under Chapter 4 or 6 of this Part (other | |
than any function of making regulations); | |
(c) any function of the CHAI under the Care Standards Act 2000; | |
(d) any function of the Assembly exercisable by virtue of section 5(b) or | |
8(1) to (3) of the Care Standards Act 2000 in relation to independent | 40 |
hospitals, independent health clinics and independent medical | |
agencies. | |
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General | |
133 Offences by bodies corporate | |
(1) This section applies where any offence under this Part is committed by a body | |
corporate. | |
(2) If the offence is proved to have been committed with the consent or connivance | 5 |
of, or to be attributable to any neglect on the part of— | |
(a) any director, manager, or secretary of the body corporate, or | |
(b) any person who was purporting to act in any such capacity, | |
he (as well as the body corporate) shall be guilty of the offence and shall be | |
liable to be proceeded against and punished accordingly. | 10 |
(3) The reference in subsection (2) to a director, manager or secretary of a body | |
corporate includes a reference— | |
(a) to any other similar officer of the body; and | |
(b) where the body is a local authority or NHS body, to any officer or | |
member of the authority or NHS body. | 15 |
134 Minor and consequential amendments | |
Schedule 8 (which makes minor and consequential amendments relating to | |
this Part) has effect. | |
135 Interpretation of Part 2 | |
In this Part— | 20 |
“Audit Commission” means the Audit Commission for Local Authorities | |
and the National Health Service in England and Wales; | |
“the CHAI” means the Commission for Healthcare Audit and Inspection; | |
“cross-border SHA” means a Special Health Authority performing | |
functions in respect of England and Wales equally; | 25 |
“the CSCI” means the Commission for Social Care Inspection; | |
“English local authority social service” means— | |
(a) a service which is provided, in any place, by a local authority in | |
England in the exercise of any of its social services functions; | |
(b) a service provided, in any place, by another person pursuant to | 30 |
arrangements made by a local authority in England in the | |
exercise of its social services functions; | |
(c) a service which— | |
(i) is provided, in any place, by a local authority in England, | |
or by another person pursuant to arrangements made by a | 35 |
local authority in England, under section 2(1)(b) of the | |
Local Government Act 2000 (c. 22); and | |
(ii) is similar in nature to a service which could be provided by | |
the authority in the exercise of any of its social services | |
functions. | 40 |
“English NHS body” means— | |
(a) a Primary Care Trust; | |
(b) a Strategic Health Authority; | |
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(c) an NHS trust all or most of whose hospitals, establishments and | |
facilities are situated in England; | |
(d) a foundation trust; | |
(e) a Special Health Authority performing functions only or mainly | |
in respect of England; | 5 |
“financial year”, in relation to the CHAI or the CSCI, means— | |
(a) the period beginning with the date on which that body is | |
established and ending with the next 31st March following that | |
date; and | |
(b) each successive period of twelve months ending with 31st | 10 |
March; | |
“health care” has the meaning given by section 40(2); | |
“local authority” has the same meaning as in the Local Authority Social | |
Services Act 1970 (c. 42) (see section 1 of that Act); | |
“Minister of the Crown” has the same meaning as in the Ministers of the | 15 |
Crown Act 1975 (c. 26); | |
“NHS body” means— | |
(a) an English NHS body; | |
(b) a Welsh NHS body; | |
(c) a cross-border SHA; | 20 |
“NHS trust” has the same meaning as in Part 1 of the 1977 Act; | |
“prescribed” means prescribed by regulations made by— | |
(a) the Secretary of State; or | |
(b) in the case of sections 71, 98, 110 and 112, the Assembly; | |
“regulator” means the Independent Regulator of NHS Foundation Trusts; | 25 |
“social services functions” has the same meaning as in the Local Authority | |
Social Services Act 1970; | |
“Welsh local authority social service” means— | |
(a) a service provided, in any place, by a local authority in Wales in | |
the exercise of any of its social services functions; | 30 |
(b) a service provided, in any place, by another person pursuant to | |
arrangements made by a local authority in Wales in the exercise | |
of its social services functions; | |
(c) a service which— | |
(i) is provided, in any place, by a local authority in Wales, or | 35 |
by another person pursuant to arrangements made by a | |
local authority in Wales, under section 2(1)(b) of the Local | |
Government Act 2000 (c. 22); and | |
(ii) is similar in nature to a service which could be provided by | |
the authority in the exercise of any of its social services | 40 |
functions; | |
“Welsh NHS body” means— | |
(a) a Local Health Board; | |
(b) an NHS trust all or most of whose hospitals, establishments and | |
facilities are situated in Wales; | 45 |
(c) a Special Health Authority performing functions only or mainly | |
in respect of Wales. | |
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136 References to the provision of health care | |
(1) For the purposes of this Part, a person provides health care if he provides it— | |
(a) at the direction of the other person; | |
(b) in accordance with, or by virtue of, an agreement made by the other | |
person (whether or not with the person providing the health care); or | 5 |
(c) otherwise on behalf of the other person. | |
(2) References in this section to the provision of health care include references to | |
its provision jointly with another person. | |
Part 3 | |
Recovery of NHS charges | 10 |
NHS charges | |
137 Liability to pay NHS charges | |
(1) This section applies if— | |
(a) a person makes a compensation payment to or in respect of any other | |
person (the “injured person”) in consequence of any injury suffered by | 15 |
the injured person, and | |
(b) the injured person has— | |
(i) received NHS treatment at a health service hospital in respect of | |
the injury, | |
(ii) been provided with NHS ambulance services as a result of the | 20 |
injury for the purpose of taking him to a health service hospital | |
for NHS treatment (unless he was dead on arrival at that | |
hospital), or | |
(iii) received treatment as mentioned in sub-paragraph (i) and been | |
provided with ambulance services as mentioned in sub- | 25 |
paragraph (ii). | |
(2) The person making the compensation payment is liable to pay the relevant | |
NHS charges— | |
(a) in respect of— | |
(i) the treatment, in so far as received at a hospital in England or | 30 |
Wales, | |
(ii) the ambulance services, in so far as provided to take the injured | |
person to such a hospital, | |
to the Secretary of State, | |
(b) in respect of— | 35 |
(i) the treatment, in so far as received at a hospital in Scotland, | |
(ii) the ambulance services, in so far as provided to take the injured | |
person to such a hospital, | |
to the Scottish Ministers. | |
(3) “Compensation payment” means a payment, including a payment in money’s | 40 |
worth, made— | |
(a) by or on behalf of a person who is, or is alleged to be, liable to any extent | |
in respect of the injury, or | |
(b) in pursuance of a compensation scheme for motor accidents, | |
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but does not include a payment mentioned in Schedule 9. | |
(4) Subsection (1)(a) applies— | |
(a) to a payment made— | |
(i) voluntarily, or in pursuance of a court order or an agreement, or | |
otherwise, and | 5 |
(ii) in the United Kingdom or elsewhere, and | |
(b) if more than one payment is made, to each payment. | |
(5) “NHS treatment” means any treatment (including any examination of the | |
injured person) other than— | |
(a) treatment provided by virtue of section 18A(4) or 65 of the 1977 Act, | 10 |
section 57 of, or paragraph 14 of Schedule 7A to, the 1978 Act or | |
paragraph 14 of Schedule 2 to the National Health Service and | |
Community Care Act 1990 (c. 19) (accommodation and services for | |
private patients), | |
(b) treatment provided at a hospital of an NHS foundation trust in | 15 |
pursuance of an undertaking to pay in respect of the treatment given by | |
or on behalf of the injured person, | |
(c) treatment provided at a health service hospital by virtue of section 72 | |
of the 1977 Act or section 64 of the 1978 Act (permission for use of | |
national health service accommodation or facilities in private practice), | 20 |
or | |
(d) treatment provided by virtue of— | |
(i) section 16CA, 28C, 28K or 29 of the 1977 Act (primary dental | |
services and personal or general medical or dental services), or | |
(ii) section 17C, 19 or 25 of the 1978 Act (personal or general | 25 |
medical or dental services). | |
(6) In relation to any time before sections 157 and 159 come into force, the | |
references in subsection (5)(d)(i) to sections 16CA and 28K of the 1977 Act are | |
to be taken as a reference to section 35 of that Act (arrangements for general | |
dental services). | 30 |
(7) “Relevant NHS charges” means the amount (or amounts) specified in a | |
certificate of NHS charges— | |
(a) issued under this Part, in respect of the injured person, to the person | |
making the compensation payment, and | |
(b) in force. | 35 |
(8) “Compensation scheme for motor accidents” means any scheme or | |
arrangement under which funds are available for the payment of | |
compensation in respect of motor accidents caused, or alleged to have been | |
caused, by uninsured or unidentified persons. | |
(9) Regulations may amend Schedule 9 by omitting or modifying any payment for | 40 |
the time being specified in that Schedule. | |
(10) This section applies in relation to any injury which occurs after the date on | |
which this section comes into force. | |
(11) For the purposes of this Part, it is irrelevant whether a compensation payment | |
is made with or without an admission of liability. | 45 |
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