Part 2Standards

Chapter 10Supplementary and general

Joint working

F11I1I9120Co-operation etc

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F11121Reviews and investigations

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F11122Joint annual reviews

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F11123Power to assist

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Arrangements with public authorities

F11124Arrangements with Ministers etc: CHAI

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F11125Arrangements with Ministers etc: CSCI

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F11126Arrangements with the Isle of Man and Channel Islands: CHAI

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F11127Arrangements with the Isle of Man and Channel Islands: CSCI

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Reports

F11128Reports: CHAI

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F11129Reports: CSCI

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Relationship with government

F11130Duty to have regard to government policy: CHAI

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F11131Duty to have regard to government policy: CSCI

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F11132Failure in discharge of functions: CHAI

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F11133Failure in discharge of functions: CSCI

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Inquiries

F11134Inquiries: CHAI

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F11135Inquiries: CSCI

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Information

F12136Disclosure of information obtained by CHAI

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F13137Section 136: defence

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F11138Information obtained by CHAI: supplementary

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F11139Information obtained by CSCI: supplementary

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F11140Code of practice: CHAI

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F11141Code of practice: CSCI

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Wales: supplementary

I13142Annual reports of Assembly

As soon as possible after the end of each financial year of the Assembly, the 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 F21... of this Part (other than any function of making regulations);

ii

its functions exercisable by virtue of F22section 5(1)(b) and 8(1) to (3) of the Care Standards Act 2000 (c. 14);

b

the way in which the Assembly has during the year exercised those functions.

143F7Use by Welsh Ministers of information

1

The Welsh Ministers may use any information they obtain, or documents produced to them, in the course of exercising any function of the Welsh Ministers referred to in any paragraph of subsection (2) for the purposes of any function of the Welsh Ministers referred to in any other paragraph of that subsection.

2

The functions of the Welsh Ministers referred to in subsection (1) are—

a

their functions under Chapter 4 of this Part;

F23b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

their functions exercisable by virtue of section 5(1)(b) or 8(1) to (3) of the Care Standards Act 2000;

d

their functions under section 80 of the Children Act 1989;

e

their functions under the Mental Health Act 1983 in their capacity as the regulatory authority (within the meaning of that Act);

f

any functions exercisable by them by virtue of paragraph 163(1) of Schedule A1 to the Mental Capacity Act 2005.

3

References to functions in subsection (2) do not include functions of making regulations.

F8I14144Inquiries: Wales

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F9145Co-operation between Assembly and CHAI

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F10145ADuties in connection with the Auditor General for Wales

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General

I10146Offences by bodies corporate

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

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—

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.

I3I5I6I7I12I8I11I15I16147Minor and consequential amendments

Schedule 9 (which makes minor and consequential amendments relating to this Part) has effect.

I2I4148Interpretation of Part 2

In this Part—

  • F17...

  • F3...

  • “cross-border SHA” means a Special Health Authority not performing functions only or mainly in respect of England or only or mainly in respect of Wales;

  • F4...

  • “English local authority social service” means—

    1. a

      a service which is provided, in any place, by a local authority in England in the exercise of any of its social services functions;

    2. b

      a service which is provided, in any place, by another person pursuant to arrangements made by a local authority in England in the exercise of its social services functions;

    3. c

      a service which—

      1. i

        is provided, in any place, by a local authority in England, or by another person pursuant to arrangements made by a local authority in England, under section 2(1)(b) of the Local Government Act 2000 (c. 22) F14or section 1 of the Localism Act 2011; and

      2. ii

        is similar in nature to a service which could be provided by the authority in the exercise of any of its social services functions

        F2but does not include anything which may be inspected by Her Majesty's Chief Inspector of Education, Children's Services and Skills under Chapter 4 of Part 8 of the Education and Inspections Act 2006.

  • “English NHS body” means—

    1. a

      F15...

    2. b

      F16...

    3. c

      an NHS trust all or most of whose hospitals, establishments and facilities are situated in England;

    4. ca

      F24NHS England;

    5. cb

      F25an integrated care board;

    6. d

      an NHS foundation trust;

    7. e

      a Special Health Authority performing functions only or mainly in respect of England;

  • F5...

  • “health care” has the meaning given by section 45(2);

  • “local authority”F19 —

    1. a

      in relation to England, has the same meaning as in the Local Authority Social Services Act 1970 (c. 42) (see section 1 of that Act);

    2. b

      F20in relation to Wales, has the same meaning as in the Social Services and Well-being (Wales) Act 2014

  • F6...

  • “NHS body” means—

    1. a

      an English NHS body;

    2. b

      a Welsh NHS body;

    3. c

      a cross-border SHA;

  • “NHS trust” has the same meaning as in F1the 2006 Act;

  • “personal records” includes medical records;

  • “prescribed” means prescribed by regulations made by—

    1. a

      the Secretary of State;

    2. b

      in the case of sections 63, 75 and 101, the Assembly;

  • “regulator” means the Independent Regulator of NHS Foundation Trusts;

  • F18“social services functions” in relation to —

    1. a

      a local authority in England, has the same meaning as in the Local Authority Social Services Act 1970 but does not include—

      1. i

        functions within section 135(1)(d) or (e) of the Education and Inspections Act 2006, or

      2. ii

        functions prescribed by regulations under section 135(1)(f) of that Act;

    2. b

      a local authority in Wales, has the same meaning as in section 143 of the Social Services and Well-being (Wales) Act 2014;

  • “ Welsh local authority social service ” means—

    1. a

      a service provided, in any place, by a local authority in Wales in the exercise of any of its social services functions;

    2. b

      a service provided, in any place, by another person pursuant to arrangements made by a local authority in Wales in the exercise of its social services functions;

    3. c

      a service which—

      1. i

        is provided, in any place, by a local authority in Wales, or by another person pursuant to arrangements made by a local authority in Wales, under section 2(1)(b) of the Local Government Act 2000 (c. 22); and

      2. ii

        is similar in nature to a service which could be provided by the authority in the exercise of any of its social services functions;

  • “ Welsh NHS body ” means—

    1. a

      a Local Health Board;

    2. b

      an NHS trust all or most of whose hospitals, establishments and facilities are situated in Wales;

    3. c

      a Special Health Authority performing functions only or mainly in respect of Wales.

149References to the provision of health care

1

For the purposes of this Part, a person provides health care for another person if he provides it—

a

at the direction of the other person;

b

in accordance with, or by virtue of, an agreement or arrangements made by the other person (whether or not with the person providing the health care); or

c

otherwise on behalf of the other person.

2

References in this section to the provision of health care include references to its provision jointly with another person.