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

51 Reviews: England and Wales E+W

(1) The CHAI has the function of conducting reviews of—

(a) the overall provision of health care by and for NHS bodies;

(b) the overall provision of particular kinds of health care by and for NHS bodies;

(c) the provision of health care, or a particular kind of health care, by and for NHS bodies of a particular description.

(2) If the Secretary of State so requests, the CHAI must conduct—

(a) a review under subsection (1)(a);

(b) a review under subsection (1)(b) of the overall provision of a kind of health care specified in the request; or

(c) a review under subsection (1)(c) of the provision of health care, or health care of a kind specified in the request, by or for NHS bodies of a description so specified.

(3) The Secretary of State must consult the Assembly before making a request under subsection (2).

(4) In conducting a review under this section in relation to any health care the CHAI must take into account—

(a) the standards set out in statements published under section 46 [F1 and any code of practice issued under section 47A], where the health care is provided by or for an English NHS body or cross-border SHA;

(b) the standards set out in statements published under section 47, where the health care is provided by or for a Welsh NHS body.

(5) For the purposes of this section the CHAI may carry out an inspection of—

(a) any NHS body; and

(b) any person who provides, or is to provide, health care for an NHS body (wherever the health care is or is to be provided).

(6) Where the CHAI conducts a review under this section it must publish a report.

(7) The Secretary of State may, after consulting the CHAI, by regulations make provision as to the procedure to be followed in respect of the making of representations to the CHAI before the publication of a report under this section.

Textual Amendments

F1 Words in s. 51(4)(a) inserted (1.10.2006) by Health Act 2006 (c. 28), ss. 15(3), 83(7); S.I. 2006/2603, art. 2

Modifications etc. (not altering text)

C1 S. 51(4) applied (E.) (1.9.2005) by Children Act 2004 (Joint Area Reviews) Regulations 2005 (S.I. 2005/1973), reg. 1(1), Sch. para. 7(2)

Commencement Information

I1 S. 51 partly in force; s. 51 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I2 S. 51(1)-(3)(5)(6) in force at 1.4.2004 by S.I. 2004/759, art. 3(1)

I3 S. 51(4) in force at 1.4.2005 by S.I. 2004/759, art. 3(2)