Health and Social Care (Community Health and Standards) Act 2003

Relationship with government

130Duty 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.

(2)Subsection (1) does not apply in relation to any of the CHAI’s functions under section 48(1), 49, 51 or 53.

(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 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 Assembly’s policy as the Assembly may direct.

(4)In relation to any function conferred on the CHAI under subsection (1)(a) of section 58, 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 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—

(a)must be given in writing;

(b)may be varied or revoked by a further direction under this section.

131Duty 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.

(2)A direction given under this section may be varied or revoked by a further such direction.

132Failure 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

(b)failing properly to discharge any of those functions;

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 48(1), 49, 51 or 53; and

(b)relates to the provision of health care by or for a Welsh NHS body.

(3)Regulations under section 58 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 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.

133Failure 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,

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.