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50 Functions relating to regulator | |
(1) The CHAI is to keep the regulator informed about the provision of health care | |
by and for NHS foundation trusts. | |
(2) The CHAI may at any time give advice to the regulator on any matter | |
connected with the provision of health care by or for an NHS foundation trust. | 5 |
(3) The regulator and the CHAI must co-operate with each other in the exercise of | |
their respective functions under Part 1 and this Chapter. | |
51 Reviews of data | |
(1) The CHAI may review— | |
(a) the quality of data obtained by others in relation to the provision of | 10 |
health care by and for NHS bodies; | |
(b) the methods used in the collection and analysis of such data; and | |
(c) the validity of conclusions drawn from such data. | |
(2) Where the CHAI conducts a review under this section it must publish such | |
report as it considers appropriate. | 15 |
52 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. | |
Other functions | 20 |
53 Studies as to economy, efficiency etc | |
(1) The CHAI has the function of promoting or undertaking comparative or other | |
studies designed to enable it to make recommendations for improving | |
economy, efficiency and effectiveness in the exercise of any of the functions of | |
an English NHS body, other than a Special Health Authority (whether the | 25 |
functions are exercised by the English NHS body or by another person). | |
(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) For the purposes of this section the CHAI may carry out an inspection of— | |
(a) any English NHS body other than a Special Health Authority; | 30 |
(b) any person exercising the functions of such a body. | |
(4) The CHAI must publish at least a summary of the result of any 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. | 35 |
(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. | |
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54 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— | 5 |
(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 | |
NHS bodies. | |
(2) The Secretary of State must consult the regulator before making provision | 10 |
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. | 15 |
Supplementary | |
55 Criteria | |
(1) The Secretary of State may, after consulting the CHAI, make regulations | |
requiring the CHAI to devise and publish statements of criteria to be used in— | |
(a) the exercise of any of its functions under section 43(1), 44, 46 or 48 in | 20 |
relation to the provision of health care by or for an English NHS body | |
or cross-border SHA; | |
(b) the exercise of any of its functions under section 47, 52, 53 or 54(1)(b); | |
(2) The Assembly may, after consulting the CHAI, make regulations requiring the | |
CHAI to devise and publish statements of criteria to be used in the exercise of | 25 |
its functions under section 43(1), 44, 46 or 48 in relation to the provision of | |
health care by or for a Welsh NHS body. | |
(3) In relation to any function conferred on the CHAI under subsection (1)(a) of | |
section 54, regulations under that section may provide that any one or more of | |
the following provisions of this section shall have effect as if it included a | 30 |
reference to the exercise of that function— | |
(a) subsection (1)(a); | |
(b) subsection (1)(b); | |
(c) subsection (2). | |
(4) Regulations under this section may require the CHAI— | 35 |
(a) to obtain the consent of the Secretary of State before publishing a | |
statement under subsection (1); | |
(b) to obtain the consent of the Assembly before publishing a statement | |
under subsection (2). | |
56 Provision of material | 40 |
(1) The CHAI must, on request, provide the Comptroller and Auditor General | |
with any material relevant to a review or investigation under sections 45 to 47 | |
or a study under section 53. | |
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(2) The CHAI must, on request, provide the regulator with— | |
(a) any material which is relevant to a review or investigation under | |
sections 45 to 47 and relates to the provision of health care by or for an | |
NHS foundation trust; | |
(b) any material which is relevant to a study under section 53 and relates | 5 |
to an NHS foundation trust. | |
57 Fees | |
(1) The CHAI may from time to time make and publish provision— | |
(a) requiring an English NHS body or cross-border SHA to pay a fee in | |
respect of the exercise by the CHAI, in relation to that body, of such of | 10 |
its functions under this Chapter as may be prescribed; | |
(b) requiring a person of a prescribed description who provides health care | |
for an English NHS body or cross-border SHA to pay a fee in respect of | |
the exercise by the CHAI, in relation to the health care so provided by | |
that person, of such of its functions under this Chapter as may be | 15 |
prescribed. | |
(2) The CHAI may not under subsection (1)(b) require a Welsh NHS body to pay | |
a fee. | |
(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. | 20 |
(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; | 25 |
(d) for the time by which a fee must be paid. | |
(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 | 30 |
published; | |
(b) the matters to be taken into account by the CHAI before making the | |
provision. | |
(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 | 35 |
particular case and, if that person or panel thinks fit, to substitute a lesser | |
amount for that amount. | |
(8) 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. | 40 |
(9) A fee payable by virtue of this section may, without prejudice to any other | |
method of recovery, be recovered summarily as a civil debt. | |
58 Fees: Wales | |
(1) The CHAI may from time to time make and publish provision— | |
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(a) requiring a Welsh NHS body to pay a fee in respect of the exercise by | |
the CHAI, in relation to that body, of such of its functions under this | |
Chapter as may be prescribed; | |
(b) requiring a person of a prescribed description who provides health care | |
for a Welsh NHS body to pay a fee in respect of the exercise by the | 5 |
CHAI, in relation to the health care so provided by that person, of such | |
of its functions under this Chapter as may be prescribed. | |
(2) The CHAI may not under subsection (1)(b) require an English NHS body or | |
cross-border SHA to pay a fee. | |
(3) The amount of a fee payable under provision under subsection (1) shall be such | 10 |
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 | 15 |
with specified factors; | |
(d) for the time by which a fee must be paid. | |
(5) Before making any provision under subsection (1) the CHAI must consult such | |
persons as appear to it appropriate. | |
(6) The Assembly may by regulations make provision as to— | 20 |
(a) the manner in which provision under subsection (1) is to be made and | |
published; | |
(b) the matters to be taken into account by the CHAI before making the | |
provision. | |
(7) The Assembly may by regulations make provision for an independent person | 25 |
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) 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 | 30 |
information, in such form, as the CHAI may require. | |
(9) A fee payable by virtue of this section may, without prejudice to any other | |
method of recovery, be recovered summarily as a civil debt. | |
59 Reports and information | |
(1) The CHAI must make copies of any report published by it under this Chapter | 35 |
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 | 40 |
the discharge of the CHAI’s functions under this Chapter. | |
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