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

130 Duty to have regard to government policy: CHAI E+W

(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.

Commencement Information

I1 S. 130 partly in force; s.130 in force at Royal Assent for certain purposes, see s. 199(1)(4)