132Failure in discharge of functions: CHAI
(1)Where the Secretary of State considers that the CHAI is to a significant extent—
(a)failing to discharge any of its functions under this Act; or
(b)failing properly to discharge any of those functions;
he may give a direction to the CHAI.
(2)The Secretary of State must consult the Assembly before giving a direction under this section in respect of a failure which—
(a)relates to any function of the CHAI under section 48(1), 49, 51 or 53; and
(b)relates to the provision of health care by or for a Welsh NHS body.
(3)Regulations under section 58 may, in relation to any function conferred on the CHAI under subsection (1)(a) of that section, provide that—
(a)the Assembly, and not the Secretary of State, may give directions to the CHAI under subsection (1);
(b)the Assembly, as well as the Secretary of State, may give directions to the CHAI under subsection (1).
(4)The CHAI must comply with any direction given to it under this section.
(5)A direction given under this section—
(a)must be given in writing;
(b)may be varied or revoked by a further direction under this section.