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119 Arrangements with the Isle of Man and Channel Islands: CHAI | |
(1) The CHAI may make arrangements with— | |
(a) the Government of the Isle of Man, | |
(b) the States of Jersey, or | |
(c) the States of Guernsey, | 5 |
for the CHAI to advise and assist that authority with respect to the provision | |
of health care by them or on their behalf. | |
(2) The terms and conditions of arrangements under this section may include | |
provision with respect to the making of payments to the CHAI in respect of the | |
cost to it of performing or providing any functions, services or facilities under | 10 |
the arrangements. | |
120 Arrangements with the Isle of Man and Channel Islands: CSCI | |
(1) The CSCI may make arrangements with— | |
(a) the Government of the Isle of Man, | |
(b) the States of Jersey, or | 15 |
(c) the States of Guernsey, | |
for the CSCI to advise and assist that authority with respect to the provision of | |
any services which are similar to English local authority social services. | |
(2) The terms and conditions of arrangements under this section may include | |
provision with respect to the making of payments to the CSCI in respect of the | 20 |
cost to it of performing or providing any functions, services or facilities under | |
the arrangements. | |
Annual reports | |
121 Annual reports: CHAI | |
(1) As soon as possible after the end of each financial year the CHAI must make a | 25 |
report on each of the following— | |
(a) the way in which it has exercised its functions during the year; | |
(b) the provision of health care by or for NHS bodies. | |
(2) A report under subsection (1)(b) may include information provided to the | |
CHAI by the Assembly. | 30 |
(3) The CHAI must lay before Parliament a copy of each report made under this | |
section. | |
(4) The CHAI must send a copy of each report made under this section to the | |
Secretary of State and the Assembly. | |
122 Annual reports: CSCI | 35 |
(1) As soon as possible after the end of each financial year the CSCI must make a | |
report on each of the following— | |
(a) the way in which it has exercised its functions during the year; | |
(b) what it has found in the course of exercising its functions during the | |
year. | 40 |
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(2) The CSCI must lay before Parliament a copy of each report made under this | |
section. | |
(3) The CSCI must send a copy of each such report to the Secretary of State. | |
(4) The CSCI must also provide the Secretary of State with such reports and | |
information relating to the exercise of its functions as he may from time to time | 5 |
require | |
Relationship with government | |
123 Duty to have regard to government policy: CHAI | |
(1) In exercising any of its functions the CHAI must have regard to such aspects of | |
government policy as the Secretary of State may direct. | 10 |
(2) Subsection (1) does not apply in relation to any of the CHAI’s functions under | |
section 43(1), 44, 46 or 48. | |
(3) In exercising any of its functions under any of the sections referred to in | |
subsection (2)— | |
(a) where the exercise relates to the provision of health care by or for an | 15 |
English NHS body or cross-border SHA, the CHAI must have regard to | |
such aspects of government policy as the Secretary of State may direct; | |
and | |
(b) where the exercise relates to the provision of health care by or for a | |
Welsh NHS body, the CHAI must have regard to such aspects of the | 20 |
Assembly’s policy as the Assembly may direct. | |
(4) In relation to any function conferred on the CHAI under subsection (1)(a) of | |
section 54, regulations under that section may do either or both of the | |
following— | |
(a) they may disapply subsection (1) of this section in relation to that | 25 |
function; | |
(b) they may require the CHAI, in exercising the function in relation to the | |
provision of health care by or for a Welsh NHS body, to have regard to | |
such aspects of the Assembly’s policy as the Assembly may direct. | |
(5) A direction under this section— | 30 |
(a) must be given in writing; | |
(b) may be varied or revoked by a further direction under this section. | |
124 Duty to have regard to government policy: CSCI | |
(1) In exercising any of its functions the CSCI must have regard to such aspects of | |
government policy as the Secretary of State may direct in writing. | 35 |
(2) A direction given under this section may be varied or revoked by a further such | |
direction. | |
125 Failure in discharge of functions: CHAI | |
(1) Where the Secretary of State considers that the CHAI is to a significant extent— | |
(a) failing to discharge any of its functions under this Act; or | 40 |
(b) failing properly to discharge any of those functions; | |
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he may give a direction to the CHAI. | |
(2) The Secretary of State must consult the Assembly before giving a direction | |
under this section in respect of a failure which— | |
(a) relates to any function of the CHAI under section 43(1), 44, 46 or 48; and | |
(b) relates to the provision of health care by or for a Welsh NHS body. | 5 |
(3) Regulations under section 54 may, in relation to any function conferred on the | |
CHAI under subsection (1)(a) of that section, provide that— | |
(a) the Assembly, and not the Secretary of State, may give directions to the | |
CHAI under subsection (1); | |
(b) the Assembly, as well as the Secretary of State, may give directions to | 10 |
the CHAI under subsection (1). | |
(4) The CHAI must comply with any direction given to it under this section. | |
(5) A direction given under this section— | |
(a) must be given in writing; | |
(b) may be varied or revoked by a further direction under this section. | 15 |
126 Failure in discharge of functions: CSCI | |
(1) Where the Secretary of State considers that the CSCI is to a significant extent— | |
(a) failing to discharge any of its functions under this Act or the Children | |
Act 1989 (c. 41), or | |
(b) failing properly to discharge any of those functions, | 20 |
he may give it a direction in writing. | |
(2) The CSCI must comply with any such direction. | |
(3) A direction given under this section may be varied or revoked by a further such | |
direction. | |
Inquiries | 25 |
127 Inquiries: CHAI | |
(1) The appropriate authority may cause an inquiry to be held into any matter | |
connected with the exercise by the CHAI of any of its functions (under any | |
enactment). | |
(2) Before an inquiry is begun, the authority may give a direction that it be held in | 30 |
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) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70) | |
(powers in relation to local inquiries) apply in relation to an inquiry under this | 35 |
section as they apply in relation to a local inquiry under that section | |
(5) The report of the person holding the inquiry is to be published, unless the | |
authority considers that there are exceptional circumstances which make | |
publication inappropriate. | |
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(6) Publication under subsection (5) is to be in such manner as the appropriate | |
authority considers appropriate. | |
(7) In this section, the “appropriate authority” means— | |
(a) the Secretary of State, in respect of the exercise of functions relating to | |
the provision of health care by or for an English NHS body or cross- | 5 |
border SHA; and | |
(b) the Assembly, in respect of the exercise of functions relating to the | |
provision of health care by or for a Welsh NHS body (and not falling | |
within paragraph (a)). | |
128 Inquiries: CSCI | 10 |
(1) The Secretary of State may cause an inquiry to be held into any matter | |
connected with the exercise by the CSCI of any of its functions (under any | |
enactment). | |
(2) Before an inquiry is begun, the Secretary of State may give a direction that it be | |
held in private. | 15 |
(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) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70) | |
(powers in relation to local inquiries) apply in relation to an inquiry under this | |
section as they apply in relation to a local inquiry under that section | 20 |
(5) The report of the person holding the inquiry is to be published, unless the | |
Secretary of State considers that there are exceptional circumstances which | |
make publication inappropriate. | |
(6) Publication under subsection (5) is to be in such manner as the Secretary of | |
State considers appropriate. | 25 |
Information | |
129 Disclosure of information obtained by CHAI | |
(1) This section applies to information which— | |
(a) has been obtained by the CHAI on terms or in circumstances requiring | |
it to be held in confidence; and | 30 |
(b) relates to and identifies an individual. | |
(2) Subject to section 130, a person is guilty of an offence if he knowingly or | |
recklessly discloses information to which this section applies during the | |
lifetime of the individual to which it relates. | |
(3) A person guilty of an offence under this section is liable— | 35 |
(a) on summary conviction, to imprisonment for a term not exceeding 6 | |
months or to a fine not exceeding the statutory maximum, or to both; | |
(b) on conviction on indictment, to imprisonment for a term not exceeding | |
two years or to a fine or to both. | |
(4) For the purposes of subsection (1)(b), information obtained by the CHAI, or | 40 |
any person authorised by it, is to be regarded as identifying an individual if | |
that individual can be identified— | |
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(a) from that information, or | |
(b) from that information and from other information obtained by the | |
CHAI or any person authorised by it. | |
130 Section 129: defence | |
(1) It is a defence for a person charged with an offence under section 129 to prove | 5 |
that at the time of the alleged offence— | |
(a) any of the circumstances in subsection (2) applied in relation to the | |
disclosure in question; or | |
(b) he reasonably believed that they applied. | |
(2) The circumstances referred to in subsection (1) are that— | 10 |
(a) the disclosure was made in a form in which the individual to whom it | |
relates is not identified; | |
(b) the disclosure was made with the consent of the individual to whom | |
the information relates; | |
(c) the information disclosed had previously been lawfully disclosed to the | 15 |
public; | |
(d) the disclosure was made under or pursuant to regulations under | |
section 107 (complaints); | |
(e) the disclosure was made in accordance with any enactment or court | |
order; | 20 |
(f) the disclosure was necessary or expedient for the purposes of | |
protecting the welfare of any individual; | |
(g) the disclosure was made to any body or person in circumstances where | |
it was necessary or expedient for the person or body to have the | |
information for the purpose of exercising his or its functions under any | 25 |
enactment. | |
(3) It is also a defence for a person charged with an offence under section 129 to | |
prove that the disclosure was made— | |
(a) for the purposes of facilitating the exercise of any functions of the CHAI | |
(under any enactment); | 30 |
(b) in connection with the investigation of a criminal offence (whether or | |
not in the United Kingdom); | |
(c) for the purpose of criminal proceedings (whether or not in the United | |
Kingdom). | |
(4) For the purposes of subsection (2)(a), information disclosed by a person is not | 35 |
to be regarded as being in a form in which an individual is not identified if the | |
individual can be identified— | |
(a) from that information, or | |
(b) from that information and from other information disclosed by the | |
CHAI, by any person authorised by it or by any of its members or | 40 |
employees. | |
131 Information obtained by CHAI: supplementary | |
(1) The CHAI may, subject to section 129, use any information it obtains, or | |
documents or records produced to it, in the course of exercising any of its | |
functions for the purposes of any of its other functions. | 45 |
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(2) A person may disclose information to which section 129 applies | |
notwithstanding any obligation of confidence owed in respect of it if, in | |
disclosing the information, he is not guilty of an offence under that section. | |
132 Information obtained by CSCI: supplementary | |
The CSCI may use any information it obtains, or documents or records | 5 |
produced to it, in the course of exercising any of its functions for the purposes | |
of any of its other functions. | |
Wales: supplementary | |
133 Annual reports of Assembly | |
As soon as possible after the end of each financial year of the Assembly, the | 10 |
Assembly must make and publish a report or reports on— | |
(a) what it has found during the year in the course of exercising— | |
(i) its functions under Chapter 4 and 6 of this Part other than any | |
function of making regulations); | |
(ii) its functions exercisable by virtue of section 5(b) and 8(1) to (3) | 15 |
of the Care Standards Act 2000 (c. 14); | |
(b) the way in which the Assembly has during the year exercised those | |
functions. | |
134 Use by Assembly of information | |
(1) The Assembly may use any information it obtains, or documents produced to | 20 |
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. | |
(2) The functions of the Assembly referred to in subsection (1) are— | |
(a) its functions under Chapter 4 of this Part; | 25 |
(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; | |
(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 | 30 |
regulations. | |
135 Inquiries: Wales | |
(1) This section applies where, under section 35 of the Government of Wales Act | |
1998 (c. 38), the Assembly causes an inquiry to be held into any matter relevant | |
to the exercise of— | 35 |
(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. | |
(2) Before an inquiry is begun, the Assembly may give a direction that it be held | |
in private. | 40 |
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(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 | |
Assembly considers that there are exceptional circumstances which make | |
publication inappropriate. | 5 |
(5) Publication under subsection (4) is to be in such manner as the Assembly | |
considers appropriate. | |
136 Co-operation between Assembly and CHAI | |
(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 | 10 |
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; | |
(b) any function of the Assembly under Chapter 4 or 6 of this Part (other | |
than any function of making regulations); | 15 |
(c) any function of the CHAI under the Care Standards Act 2000 (c. 14); | |
(d) any function of the Assembly exercisable by virtue of section 5(b) or | |
8(1) to (3) of the Care Standards Act 2000. | |
General | |
137 Offences by bodies corporate | 20 |
(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 | |
of, or to be attributable to any neglect on the part of— | |
(a) any director, manager, or secretary of the body corporate, or | 25 |
(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. | |
(3) The reference in subsection (2) to a director, manager or secretary of a body | |
corporate includes a reference— | 30 |
(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. | |
138 Minor and consequential amendments | |
Schedule 8 (which makes minor and consequential amendments relating to | 35 |
this Part) has effect. | |
139 Interpretation of Part 2 | |
In this Part— | |
“Audit Commission” means the Audit Commission for Local Authorities | |
and the National Health Service in England and Wales; | 40 |
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