Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

Part 2 U.K. Standards

Chapter 4 E+W NHS health care: functions of National Assembly for Wales

Reviews and investigations E+W

71 Reporting to Secretary of State and regulator E+W

(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.

Commencement Information

I1 S. 71 in force at 1.4.2004 by S.I. 2004/873, art. 2(b)