PART 4The Health Services Safety Investigations Body
Investigatory powers etc
I1I2119Powers to require information etc
1
An investigator may by notice require any person—
a
to attend at a specified time and place and to provide information by answering questions;
b
to provide specified information, or information of a specified description, by a specified date;
c
to provide specified documents, equipment or items, or documents, equipment or items of a specified description, by a specified date.
2
An investigator may give a person a notice only if the investigator reasonably believes that—
a
in the case of a requirement under subsection (1)(a), the person is able to provide information which is necessary for the purposes of an investigation;
b
in the case of a requirement under subsection (1)(b)—
i
it is necessary to obtain the information for the purposes of an investigation, and
ii
the person is able to provide it;
c
in the case of a requirement under subsection (1)(c)—
i
it is necessary to obtain the document, equipment or other item for the purposes of the HSSIB’s investigation function, and
ii
the person is able to provide it.
3
But a person is not required by virtue of subsection (1) to provide any information, document, equipment or other item where—
a
its provision would risk the safety of any patient,
b
its provision might incriminate the person, or
c
in the case of information or a document, the person would be entitled to refuse to provide it in any proceedings in any court on the grounds that it is the subject of legal professional privilege.
4
A notice must—
a
specify the grounds for the investigator believing the matters in subsection (2),
b
give an explanation of the consequences of failing to comply with the notice (see section 121), and
c
attach evidence of the investigator’s authority from the HSSIB to exercise the powers conferred by this section.
5
If a notice requires a person to provide anything which is kept in electronic form, the notice may require it to be provided in a form in which it is legible.
6
An investigator may withdraw a notice under subsection (1) by giving notice of withdrawal to the person to whom the notice was given.
7
Where any document, equipment or other item is provided to an investigator pursuant to a notice, it may be retained by the HSSIB for so long as is necessary for the purposes of the HSSIB’s investigation function, unless its retention would risk the safety of any patient.
8
Where a person attends to answer questions pursuant to a notice under subsection (1)(a), the HSSIB—
a
must reimburse the person the reasonable costs incurred in attending;
b
may record, by any means, the answers given.
9
In this section “specified” means specified in the notice.