Health and Social Care Act 2008

54 Studies as to economy, efficiency etc. E+W

(1) The Commission may F1 ...undertake or promote comparative or other studies designed to enable it to make recommendations—

(a) for improving economy, efficiency and effectiveness in any activity mentioned in subsection (2),

(b) for improving the management, other than the financial management, of an English NHS body, or

(c) for improving the management of an English local authority in its provision of adult social services.

(2) Those activities are—

(a) the provision of health care by an English NHS provider,

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) the provision of adult social services by an English local authority, and

(d) the making of arrangements by an English local authority for the provision of adult social services.

[F3 (2A) The Commission may not exercise the power under subsection (1)(a), so far as it relates to the activity mentioned in subsection (2)(d), without the approval of the Secretary of State.]

(3) The Commission may F1 ... also undertake or promote studies designed to enable it to prepare reports as to the impact of—

(a) the operation of any particular statutory provisions, or

(b) any directions or guidance given by a Minister of the Crown (whether pursuant to any such provisions or otherwise),

on economy, efficiency and effectiveness in an activity mentioned in subsection (2)(c) or (d).

(4) The Commission must undertake or promote a study falling within subsection (1) or (3) if the Secretary of State so requests.

(5) The reference in subsection (1) to an English NHS body does not include a reference to [F4 NHS England], [F5 an integrated care board or] a Special Health Authority.

Textual Amendments

F1 Words in s. 54(1)(3) omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 90(3), 127(1); S.I. 2014/2473, art. 3(e)

F2 S. 54(2)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 160(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F3 S. 54(2A) inserted (1.10.2014) by Care Act 2014 (c. 23), ss. 90(4), 127(1); S.I. 2014/2473, art. 3(e)

F4 Words in s. 54 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F5 Words in s. 54(5) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 164; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Modifications etc. (not altering text)

C1 Pt. 1 Ch. 5 modified by 2004 c. 17, s. 10(1) (as substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 15reg. 1(1))

C2 S. 54 excluded by 2004 c. 17, s. 10(3) (as substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), arts. 1(1), 15

Commencement Information

I1 S. 54 in force at 1.4.2009 by S.I. 2009/462, art. 2(1), Sch. 1 para. 20