Office of Public Sector Information
PART 2 continued CHAPTER 3 continued
(1) The CHAI may from time to time make and publish provision—
(a) requiring a Welsh NHS body to pay a fee in respect of the exercise by the CHAI, in relation to that body or to health care provided by or for 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 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 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 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—
(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 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 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.
(1) The CHAI must make copies of any report published by it under this Chapter 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 the discharge of the CHAI’s functions under this Chapter.
The CHAI and the Audit Commission must co-operate with each other in relation to matters in respect of which both have functions.
(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—
(a) any premises owned or controlled by an NHS body;
(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 by this section must if so required produce some duly authenticated document showing his authority to exercise the power.
(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 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 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 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 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
(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
(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.
(1) The CHAI may at any time require any person specified in subsection (2) 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 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 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;
(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 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.
(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 of—
(a) any documents, records or items inspected, copied or provided under sections 66 to 68,
(b) any information provided under those sections, or
(c) any matters which are the subject of the exercise of any functions of the 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 specified by the CHAI.
(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.
(1) The Assembly has the function of conducting reviews of, and investigations into, the provision of health care by and for Welsh NHS bodies.
(2) The Assembly may in particular under this section conduct—
(a) a review of the overall provision of health care by and for Welsh NHS bodies;
(b) a review of the overall provision of a particular kind of health care by and for Welsh NHS bodies;
(c) a review of, or investigation into, the provision of any health care by or for a particular Welsh NHS body.
(3) The Assembly has the function of conducting reviews of the arrangements made by Welsh NHS bodies for the purpose of discharging their duty under section 45.
(4) In exercising its functions under this section 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;
(c) the financial or other management of the health care and the economy and efficiency of its provision;
(d) the availability and quality of information provided to the public about the health care;
(e) the need to safeguard and promote the rights and welfare of children; and
(f) the effectiveness of measures taken for the purpose specified in paragraph (e) 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 47.
(5) For the purposes of this section the Assembly may carry out an inspection 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).
(6) Where the Assembly conducts a review under this section it must publish a report.
(1) The Assembly must report to the Secretary of State where, after conducting a review or investigation under section 70, 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 cross-border SHA; or
(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 cross-border SHA.
(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, other than a Welsh NHS body, referred to in that paragraph.
(3) The Assembly must report to the regulator where, after conducting a review or investigation under section 70, it is of the view that—
(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 body, or the practice of any individual, providing health care for an NHS foundation trust.
(4) A report under subsection (3) may include a recommendation that, with a view to remedying the failings, the regulator take special measures in relation to the NHS foundation trust.
(5) A report under this section must give the Assembly’s reasons for its view and for any recommendation made.
(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—
(a) any premises owned or controlled by a Welsh NHS body;
(b) any other premises used, or proposed to be used, for any purpose 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 showing his authority to exercise the power.
(1) A person authorised by virtue of section 72 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 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 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 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 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 72 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 72 or this section; and
(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 72 or this section, or
(b) fails to comply with any requirement of section 72 or this section,
is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(1) The Assembly may at any time require any person specified in subsection (2) 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
(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 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.
(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.
(1) The Assembly may by regulations make provision requiring prescribed 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 72 to 74,
(b) any information provided under those sections, or
(c) any matters which are the subject of the exercise of any function of the Assembly under section 70, and
in circumstances where the Assembly 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 specified by the Assembly.
(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.
(1) The CSCI has the general function of encouraging improvement in the provision of English local authority social services.
(2) In exercising its functions under subsection (1) and sections 77 to 81 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;
(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 availability and quality of information provided to the public about the services;
(f) the need to safeguard and promote the rights and welfare of children; and
(g) the effectiveness of measures taken by local authorities for the purpose specified in paragraph (f).
(1) The CSCI is to keep the Secretary of State informed about the provision of 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 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), in the standards prepared and published from time to time under section 23 of that Act.
(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 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.
(1) The CSCI may review—
(a) studies and research undertaken by others in relation to the provision of English local authority social services;
(b) the methods used in such studies and research; and
(c) the validity of the conclusions drawn from such studies and research.
(2) Where the CSCI conducts a review under this section it must publish a report.
(1) In each financial year the CSCI must conduct a review of the English local authority social services which are provided by, or pursuant to arrangements made by, each local authority in England.
(2) After conducting a review under subsection (1) in respect of a local authority the CSCI must award a performance rating to that authority.
(3) The CSCI is to exercise its functions under this section by reference to criteria from time to time devised by it and approved by the Secretary of State.
(4) The CSCI must publish the criteria devised and approved from time to time under subsection (3).
(5) The CSCI is to exercise its functions under this section in any financial year in accordance with any timetable specified in relation to that year by the Secretary of State.
(6) In exercising its functions under this section the CSCI must take into account guidance issued to local authorities under section 7 of the Local Authority Social Services Act 1970 (c. 42).
(7) In exercising its functions under this section in relation to the functions referred to in section 43(3)(a) and (b) of the Care Standards Act 2000 (c. 14) (adoption and fostering functions), the CSCI must take into account the standards prepared and published from time to time under section 23 of that Act.
(8) For the purposes of this section, the CSCI may carry out an inspection of—
(a) the local authority being reviewed;
(b) any person providing an English local authority social service pursuant to arrangements made by the authority.
(9) The Secretary of State may, after consulting the CSCI, by regulations make provision as to the procedure to be followed in respect of the making of representations to the CSCI before the award of a performance rating under this section.
(1) The CSCI has the function of conducting other reviews of, and investigations into, the provision of English local authority social services.
(2) The CSCI may in particular under this section conduct—
(a) a review of the overall provision of English local authority social services;
(b) a review of the provision of any English local authority social service of a particular description; or
(c) a review of, or investigation into, the provision of any English local authority social service by a particular person or persons.
(3) If the Secretary of State so requests, the CSCI must conduct—
(a) a review under subsection (2)(a);
(b) a review under subsection (2)(b) of an English local authority social service of such description as may be specified in the request; or
(c) a review or investigation under subsection (2)(c) in relation to the provision of such services as may be specified in the request by such person, or persons of such description, as may be so specified.
(4) In exercising its function under this section the CSCI must take into account guidance issued to local authorities under section 7 of the Local Authority Social Services Act 1970 (c. 42).
(5) In exercising its function under this section in relation to the functions referred to in section 43(3)(a) and (b) of the Care Standards Act 2000 (c. 14) (adoption and fostering functions), the CSCI must take into account the standards prepared and published from time to time under section 23 of that Act.
(6) For the purposes of this section, the CSCI may carry out an inspection of—
(a) any local authority in England;
(b) any other person providing an English local authority social service.
(7) Where the CSCI conducts a review or investigation under this section, it must publish a report.
(8) The Secretary of State may, after consulting the CSCI, by regulations make provision as to the procedure to be followed in respect of the making of representations to the CSCI before the publication of a report under this section.
(1) This section applies where the CSCI conducts—
(a) a review under section 79; or
(b) a review or investigation under section 80.
(2) If under section 79 the CSCI awards the lowest performance rating to a local authority, the CSCI must—
(a) inform the Secretary of State of that fact; and
(b) recommend any special measures which it considers the Secretary of State should take.
(3) If (in a case where subsection (2) does not apply) the CSCI considers that a local authority in England is failing to discharge any of its social services functions to an acceptable standard, it must—
(a) inform the Secretary of State of that fact; and
(b) recommend any special measures which it considers the Secretary of State should take.
(4) However, in a case falling within subsection (3), if the CSCI considers that the failure is not substantial, it may instead—
(a) give the local authority a notice under subsection (5); and
(b) inform the Secretary of State that it has done so.
(5) A notice under this subsection is a notice which specifies—
(a) the respects in which the CSCI considers that the local authority is failing;
(b) the action which the CSCI considers the authority should take to remedy the failure; and
(c) the time by which the CSCI considers the action should be taken.
(6) Where under subsection (2)(b) or (3)(b) the CSCI has recommended that the Secretary of State take special measures in relation to a local authority, the CSCI must, if the Secretary of State so requests—
(a) undertake a further review under section 80 in relation to the authority; and
(b) include in its report under subsection (7) of that section a report on such matters as the Secretary of State may specify.
(7) The Secretary of State may, after consulting the CSCI, by regulations make provision as to the procedure to be followed in respect of the making of representations to the CSCI before the publication of a report under this section.
Health and Social Care (Community Health and Standards) Act 2003