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(2) The Assembly must keep the standards under review and may publish | |
amended statements whenever it considers it appropriate. | |
(3) The Assembly must consult such persons as it considers appropriate— | |
(a) before publishing a statement under this section; | |
(b) before publishing an amended statement under this section which in | 5 |
the opinion of the Assembly effects a substantial change in the | |
standards. | |
(4) The standards set out in statements under this section are to be taken into | |
account by every Welsh NHS body in discharging its duty under section 40. | |
Chapter 3 | 10 |
NHS health care: functions of CHAI | |
Healthcare provided by and for NHS bodies | |
43 Introductory | |
(1) The CHAI has the general function of encouraging improvement in the | |
provision of health care by and for NHS bodies. | 15 |
(2) In exercising its functions under subsection (1) and sections 44 to 48 in relation | |
to such provision, the CHAI 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; | |
(c) the economy and efficiency of the provision of the health care; | 20 |
(d) the need to safeguard and promote the rights and welfare of children; | |
and | |
(e) the effectiveness of measures taken for the purpose of paragraph (d) by | |
the body in question and any person who provides, or is to provide, | |
health care for that body. | 25 |
44 National performance data | |
The CHAI has the function of publishing data relating to the provision of | |
health care by and for NHS bodies. | |
45 Annual reviews | |
(1) In each financial year the CHAI must conduct a review of the provision of | 30 |
health care by and for— | |
(a) each English NHS body, and | |
(b) each cross-border SHA, | |
and must award a performance rating to each such body. | |
(2) The CHAI is to exercise its function under subsection (1) by reference to criteria | 35 |
from time to time devised by it and approved by the Secretary of State. | |
(3) The CHAI must publish the criteria devised and approved from time to time | |
under subsection (2). | |
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|
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(4) In exercising its functions under this section in relation to any health care the | |
CHAI must take into account the standards set out in statements published | |
under section 41. | |
(5) For the purposes of this section the CHAI may, subject to this Part, conduct an | |
inspection of— | 5 |
(a) the body being reviewed; and | |
(b) any person who provides, or is to provide, health care for that body | |
(wherever the health care is or is to be provided). | |
46 General reviews | |
(1) The CHAI has the function of conducting reviews of— | 10 |
(a) the overall provision of particular kinds of health care by and for NHS | |
bodies; | |
(b) the provision of health care, or a particular kind of health care, by and | |
for NHS bodies of a particular description. | |
(2) If the Secretary of State so requests, the CHAI must conduct— | 15 |
(a) a review under subsection (1)(a) of the overall provision of a kind of | |
health care specified in the request; or | |
(b) a review under subsection (1)(b) of the provision of health care, or | |
health care of a kind specified in the request, by or for NHS bodies of a | |
description so specified. | 20 |
(3) The Secretary of State must consult the Assembly before making a request | |
under subsection (2). | |
(4) In conducting a review under this section in relation to any health care the | |
CHAI must take into account— | |
(a) the standards set out in statements published under section 41, where | 25 |
the health care is provided by or for an English NHS body or cross- | |
border SHA; | |
(b) the standards set out in statements published under section 42, where | |
the health care is provided by or for a Welsh NHS body. | |
(5) For the purposes of this section the CHAI may carry out an inspection of— | 30 |
(a) any NHS body; and | |
(b) any person who provides, or is to provide, health care for an NHS body | |
(wherever the health care is or is to be provided). | |
(6) Where the CHAI conducts a review under this section it must publish such | |
report as it considers appropriate. | 35 |
47 Other reviews and investigations | |
(1) The CHAI has the function of conducting other reviews of, and investigations | |
into, the provision of health care by or for— | |
(a) an English NHS body; | |
(b) a cross-border SHA. | 40 |
(2) The CHAI has the function of conducting reviews of the arrangements made | |
by— | |
(a) an English NHS body, or | |
(b) a cross-border SHA, | |
| |
| |
|
| |
| |
for the purposes of discharging its duty under section 40. | |
(3) If the Secretary of State so requests, the CHAI must conduct a review or | |
investigation under this section in relation to the provision of such health care | |
by or for such English NHS body or cross-border SHA as may be specified in | |
the request. | 5 |
(4) In exercising its functions under this section in relation to any health care the | |
CHAI must take into account the standards set out in statements published | |
under section 41. | |
(5) For the purposes of this section the CHAI may carry out an inspection of— | |
(a) the NHS body in question; and | 10 |
(b) any person who provides, or is to provide, health care for that body | |
(wherever the health care is or is to be provided). | |
(6) Where the CHAI conducts a review or investigation under this section it must | |
publish such report as it thinks appropriate. | |
(7) An NHS body must, if regulations so provide, publish a statement as to the | 15 |
action it proposes to take as a result of any review or investigation conducted | |
under this section in relation to it. | |
48 Failings | |
(1) This section applies where the CHAI conducts— | |
(a) a review under section 45 or 46; or | 20 |
(b) a review or investigation under section 47. | |
(2) The CHAI must make a report to the Secretary of State if it is of the view that— | |
(a) there are significant failings in relation to the provision of health care | |
by or for an English NHS body or cross-border SHA; | |
(b) there are significant failings in the running of an English NHS body or | 25 |
cross-border SHA; | |
(c) there are significant failings in the running of any person, or the | |
practice of any individual, providing health care for an English NHS | |
body or cross-border SHA. | |
(3) A report made to the Secretary of State under subsection (2) may include a | 30 |
recommendation that, with a view to remedying the failings in question, the | |
Secretary of State take special measures in relation to— | |
(a) in a case falling within paragraph (a) or (b) of subsection (2), the English | |
NHS body or cross-border SHA in question; | |
(b) in a case falling within paragraph (c) of that subsection, any person, | 35 |
other than a Welsh NHS body, referred to in that paragraph. | |
(4) The CHAI must also report to the Assembly where it is of the view that— | |
(a) there are significant failings in relation to the provision of health care | |
by or for a Welsh NHS body; | |
(b) there are significant failings in the running of a Welsh NHS body; | 40 |
(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. | |
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(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 | 5 |
(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 | |
that paragraph. | |
(6) The CHAI must also make a report to the regulator where it is of the view | |
that— | 10 |
(a) there are significant failings in relation to the provision of health care | |
by or for an NHS foundation trust; | |
(b) there are significant failings in the running of an NHS foundation trust; | |
or | |
(c) there are significant failings in the running of any person, or the | 15 |
practice of any individual, providing health care for an NHS | |
foundation trust. | |
(7) A report made to the regulator under subsection (6) may include a | |
recommendation that, with a view to remedying the failings in question, the | |
regulator take special measures in relation to the NHS foundation trust in | 20 |
question. | |
(8) A report under this section must give the CHAI’s reasons for its view and for | |
any recommendation made. | |
49 Functions relating to Secretary of State and Assembly | |
(1) The CHAI is to keep the appropriate authority informed about the provision of | 25 |
health care by and for any NHS body. | |
(2) The CHAI may at any time give advice to the appropriate authority on any | |
matter connected with the provision of such health care (including, in | |
particular, advice on any changes which it thinks should be made to the | |
standards under section 41 or 42 for the purpose of securing improvement in | 30 |
the quality of the health care). | |
(3) When requested to do so by the appropriate authority, the CHAI must give the | |
authority advice or information on such matters connected with the provision | |
of health care by or for any NHS body as may be specified in the request. | |
(4) The CHAI may give advice to the appropriate authority or any NHS body | 35 |
about the establishment or conduct of any inquiry held, or to be held, by the | |
authority or the body in relation to the provision of health care by or for that | |
body. | |
(5) In this section, the “appropriate authority” means— | |
(a) the Secretary of State, in relation to the provision of health care by or for | 40 |
an English NHS body or cross-border SHA; or | |
(b) the Assembly, in relation to the provision of health care by or for a | |
Welsh NHS body. | |
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