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Health and Social Care (Community Health and Standards) Bill


Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 3 — NHS health care: functions of CHAI

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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.

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     (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

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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.

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 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

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 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

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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;

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           (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.

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     (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.

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 3 — NHS health care: functions of CHAI

    20

 

 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—

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                  (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

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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.

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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

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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

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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

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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—

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           (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

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     (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.

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 3 — NHS health care: functions of CHAI

    21

 

     (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

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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

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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.

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     (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;

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           (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

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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

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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.

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     (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—

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 3 — NHS health care: functions of CHAI

    22

 

           (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—

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           (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

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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

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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

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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

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the discharge of the CHAI’s functions under this Chapter.

 

 

 
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