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60 Right of entry | |
(1) A person authorised to do so by the CHAI may, if the CHAI considers it | |
necessary or expedient for the purposes of this Chapter, at any reasonable time | |
enter and inspect any— | |
(a) premises owned or controlled by an NHS body; | 5 |
(b) any other premises used, or proposed to be used, for any purpose | |
connected with— | |
(i) the provision of health care by or for an NHS body, or | |
(ii) the discharge of any of the functions of an NHS body. | |
(2) A person who proposes to exercise any power of entry or inspection conferred | 10 |
by this section must if so required produce some duly authenticated document | |
showing his authority to exercise the power. | |
61 Right of entry: supplementary | |
(1) A person authorised by virtue of section 60 to enter and inspect premises may, | |
if he considers it necessary or expedient for the purposes of this Chapter— | 15 |
(a) inspect, take copies of and remove from the premises any documents or | |
records (including personal records); | |
(b) inspect any other item and remove it from the premises; | |
(c) interview in private— | |
(i) any person working at the premises; | 20 |
(ii) any person receiving health care there who consents to be | |
interviewed; and | |
(d) make any other examination into the state and management of the | |
premises and treatment of persons receiving health care there. | |
(2) The power in subsection (1)(a) includes— | 25 |
(a) power to require any person holding or accountable for documents or | |
records kept on the premises to produce them; and | |
(b) in relation to records which are kept by means of a computer, power to | |
require the records to be produced in a form in which they are legible | |
and can be taken away. | 30 |
(3) A person authorised by virtue of subsection (1)(a) to inspect any records is | |
entitled to have access to, and to check the operation of, any computer and any | |
associated apparatus or material which is or has been in use in connection with | |
the records in question. | |
(4) A person authorised by virtue of section 60 to enter and inspect any premises | 35 |
may— | |
(a) require any person to afford him such facilities and assistance with | |
respect to matters within the person’s control as are necessary to enable | |
him to exercise his powers under section 60 or this section; and | |
(b) take such measurements and photographs and make such recordings | 40 |
as he considers necessary to enable him to exercise those powers. | |
(5) Any person who without reasonable excuse— | |
(a) obstructs the exercise of any power conferred by section 60 or this | |
section, or | |
(b) fails to comply with any requirement of section 60 or this section, | 45 |
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is guilty of an offence and liable on summary conviction to a fine not exceeding | |
level 4 on the standard scale. | |
62 Power to require documents and information etc | |
(1) The CHAI may at any time require any person specified in subsection (2) to | |
provide it with any information, documents, records (including personal | 5 |
records) or other items— | |
(a) which relates or relate to— | |
(i) the provision of health care by or for an NHS body, or | |
(ii) the discharge of any of the functions of an NHS body; and | |
(b) which the CHAI considers it necessary or expedient to have for the | 10 |
purposes of this Chapter. | |
(2) The persons referred to in subsection (1) are— | |
(a) the NHS body; | |
(b) any person providing health care for, or exercising functions of, the | |
NHS body; | 15 |
(c) a local authority. | |
(3) The power in subsection (1) to require the provision of records includes, in | |
relation to records kept by means of a computer, power to require the | |
provision of the records in legible form. | |
(4) Any person who without reasonable excuse fails to comply with any | 20 |
requirement imposed by virtue of this section is guilty of an offence and liable | |
on summary conviction to a fine not exceeding level 4 on the standard scale. | |
63 Power to require explanation | |
(1) The Secretary of State may by regulations make provision requiring prescribed | |
persons to provide to the CHAI, or to persons authorised by it, an explanation | 25 |
of— | |
(a) any documents, records or items inspected, copied or provided under | |
sections 60 to 62, | |
(b) any information provided under those sections, or | |
(c) any matters which are the subject of the exercise of any functions of the | 30 |
CHAI under this Chapter, | |
in circumstances where the CHAI considers the explanation necessary or | |
expedient for the purposes of this Chapter. | |
(2) Regulations under subsection (1) may require explanations to be provided at | |
such times and places as may be prescribed. | 35 |
(3) Any person who without reasonable excuse fails to comply with any | |
requirement imposed by virtue of this section is guilty of an offence and liable | |
on summary conviction to a fine not exceeding level 4 on the standard scale. | |
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Chapter 4 | |
NHS health care: functions of National Assembly for Wales | |
Reviews and investigations | |
64 Reviews and investigations relating to Wales | |
(1) The Assembly has the function of conducting— | 5 |
(a) reviews of, and investigations into, the provision of health care by a | |
Welsh NHS body; | |
(b) reviews of, and investigations into, the provision of health care for a | |
Welsh NHS body; | |
(c) reviews into the arrangements made by Welsh NHS bodies for the | 10 |
purpose of discharging their functions under section 40. | |
(2) In exercising its functions under subsection (1) in relation to any health care the | |
Assembly 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; | 15 |
(c) the financial or other management of the health care and the economy | |
and efficiency of its provision; | |
(d) the need to safeguard and promote the rights and welfare of children; | |
and | |
(e) the effectiveness of measures taken for the purpose specified in | 20 |
paragraph (d) by the body in question and any person who provides, | |
or is to provide, health care for that body, | |
and must take into account the standards set out in statements published | |
under section 42. | |
(3) For the purposes of subsection (1) the Assembly may carry out an inspection | 25 |
of— | |
(a) any Welsh NHS body; | |
(b) any other person who provides, or is to provide, health care for a Welsh | |
NHS body (in Wales or elsewhere). | |
(4) Where the Assembly conducts a review under this section it must publish such | 30 |
report as it considers appropriate. | |
65 Reporting to Secretary of State | |
(1) The Assembly must report to the Secretary of State where, after conducting a | |
review or investigation under section 64, it is of the view that— | |
(a) there are significant failings in relation to the provision of health care | 35 |
by or for an English NHS body or cross-border SHA; or | |
(b) there are significant failings in the running of an English NHS body or | |
cross-border SHA; | |
(c) there are significant failings in the running of any body, or the practice | |
of any individual, providing health care for an English NHS body or | 40 |
cross-border SHA. | |
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(2) A report under subsection (1) may include a recommendation that, with a view | |
to remedying the failings, the Secretary of State take special measures in | |
relation to— | |
(a) the English NHS body or cross-border SHA; and | |
(b) in a case falling within paragraph (c) of subsection (1), any person, | 5 |
other than a Welsh NHS body, referred to in that paragraph. | |
(3) A report under this section must give the Assembly’s reasons for its view and | |
for any recommendation made. | |
Ancillary powers | |
66 Right of entry | 10 |
(1) A person authorised to do so by the Assembly may, if the Assembly considers | |
it necessary or expedient for the purposes of this Chapter, at any reasonable | |
time enter and inspect any— | |
(a) premises owned or controlled by a Welsh NHS body; | |
(b) any other premises used, or proposed to be used, for any purpose | 15 |
connected with— | |
(i) the provision of health care by or for a Welsh NHS body; or | |
(ii) the discharge of any of the functions of a Welsh NHS body. | |
(2) A person who proposes to exercise any power of entry or inspection conferred | |
by this section must if so required produce some duly authenticated document | 20 |
showing his authority to exercise the power. | |
67 Right of entry: supplementary | |
(1) A person authorised by virtue of section 66 to enter and inspect premises may, | |
if he considers it necessary or expedient for the purposes of this Chapter— | |
(a) inspect, take copies of and remove from the premises any documents or | 25 |
records (including personal records); | |
(b) inspect any other item and remove it from the premises; | |
(c) interview in private— | |
(i) any person working at the premises; | |
(ii) any person receiving health care there who consents to be | 30 |
interviewed; and | |
(d) make any other examination into the state and management of the | |
premises and treatment of persons receiving health care there. | |
(2) The power in subsection (1)(a) includes— | |
(a) power to require any person holding or accountable for documents or | 35 |
records kept on the premises to produce them; and | |
(b) in relation to records which are kept by means of a computer, power to | |
require the records to be produced in a form in which they are legible | |
and can be taken away. | |
(3) A person authorised by virtue of subsection (1)(a) to inspect any records is | 40 |
entitled to have access to, and to check the operation of, any computer and any | |
associated apparatus or material which is or has been in use in connection with | |
the records in question. | |
| |
| |
|
| |
| |
(4) A person authorised by virtue of section 66 to enter and inspect any premises | |
may— | |
(a) require any person to afford him such facilities and assistance with | |
respect to matters within the person’s control as are necessary to enable | |
him to exercise his powers under section 66 or this section; and | 5 |
(b) take such measurements and photographs and make such recordings | |
as he considers necessary to enable him to exercise those powers. | |
(5) Any person who without reasonable excuse— | |
(a) obstructs the exercise of any power conferred by section 66 or this | |
section, or | 10 |
(b) fails to comply with any requirement of section 66 or this section, | |
is guilty of an offence and liable on summary conviction to a fine not exceeding | |
level 4 on the standard scale. | |
68 Power to require documents and information | |
(1) The Assembly may at any time require any person specified in subsection (2) | 15 |
to provide it with any information, documents, records (including personal | |
records) or other items— | |
(a) which relates or relate to— | |
(i) the provision of health care by or for a Welsh NHS body; or | |
(ii) the discharge of any of the functions of a Welsh NHS body; and | 20 |
(b) which the Assembly considers it necessary or expedient to have for the | |
purposes of this Chapter. | |
(2) The persons referred to in subsection (1) are— | |
(a) the Welsh NHS body; | |
(b) any person providing health care for, or exercising functions of, the | 25 |
Welsh NHS body; | |
(c) a local authority in Wales. | |
(3) The power in subsection (1) to require the provision of records includes, in | |
relation to records kept by means of a computer, power to require the | |
provision of the records in legible form. | 30 |
(4) Any person who without reasonable excuse fails to comply with any | |
requirement imposed by virtue of this section is guilty of an offence and liable | |
on summary conviction to a fine not exceeding level 4 on the standard scale. | |
69 Power to require explanation | |
(1) The Assembly may by regulations make provision requiring prescribed | 35 |
persons to provide to the Assembly, or to persons authorised by it, an | |
explanation of— | |
(a) any documents, records or items inspected, copied or provided under | |
sections 66 to 68, | |
(b) any information provided under those sections, or | 40 |
(c) any matters which are the subject of the exercise of any function of the | |
Assembly under section 64, and | |
in circumstances where the Assembly considers the explanation necessary or | |
expedient for the purposes of this Chapter. | |
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(2) Regulations under subsection (1) may require explanations to be provided at | |
such times and places as may be prescribed. | |
(3) Any person who without reasonable excuse fails to comply with any | |
requirement imposed by virtue of this section is guilty of an offence and liable | |
on summary conviction to a fine not exceeding level 4 on the standard scale. | 5 |
Chapter 5 | |
Social services: functions of CSCI | |
Provision of social services | |
70 Introductory | |
(1) The CSCI has the general function of encouraging improvement in the | 10 |
provision of English local authority social services. | |
(2) In exercising its functions under subsection (1) and sections 71 to 75 in relation | |
to the provision of such services the CSCI shall be concerned in particular | |
with— | |
(a) the availability of, and access to, the services; | 15 |
(b) the quality and effectiveness of the services; | |
(c) the management of the services; | |
(d) the economy and efficiency of their provision and their value for | |
money; | |
(e) the need to safeguard and promote the rights and welfare of children; | 20 |
and | |
(f) the effectiveness of measures taken by local authorities for the purpose | |
specified in paragraph (e). | |
71 Information and advice | |
(1) The CSCI is to keep the Secretary of State informed about the provision of | 25 |
English local authority social services. | |
(2) The CSCI may at any time give advice to the Secretary of State on any matter | |
connected with the provision of English local authority social services. | |
(3) The CSCI may in particular under subsection (2) give advice to the Secretary of | |
State on any changes which it thinks should be made, for the purpose of | 30 |
securing improvement in the quality of services provided by local authorities | |
in England in the exercise of the functions referred to in section 43(3)(a) and (b) | |
of the Care Standards Act 2000 (c. 14) (adoption and fostering functions). | |
(4) When requested to do so by the Secretary of State, the CSCI must give him | |
advice or information on such matters connected with the provision of English | 35 |
local authority social services as may be specified in the request. | |
(5) The CSCI may give advice to the Secretary of State or any local authority in | |
England about the establishment or conduct of any inquiry held, or to be held, | |
by the Secretary of State or the authority in relation to the provision of English | |
local authority social services. | 40 |
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