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

62 Fees

(1) The CHAI may from time to time make and publish provision—

(a) requiring an English NHS body or cross-border SHA to pay a fee in respect of the exercise by the CHAI, in relation to that body or to health care provided by or for that body, of such of its functions under this Chapter as may be prescribed;

(b) requiring a person of a prescribed description who provides health care for an English NHS body or cross-border SHA to pay a fee in respect of the exercise by the CHAI, in relation to the health care so provided by that person, of such of its functions under this Chapter as may be prescribed.

(2) The CHAI may not under subsection (1)(b) require a Welsh NHS body to pay a fee.

(3) The amount of a fee payable under provision under subsection (1) shall be such as may be specified in, or calculated or determined under, the provision.

(4) Provision under subsection (1) may include provision—

(a) for different fees to be paid in different cases, or classes of case;

(b) for different fees to be paid by persons of different descriptions;

(c) for the amount of a fee to be determined by the CHAI in accordance with specified factors;

(d) for the time by which a fee must be paid.

(5) Before making any provision under subsection (1) the CHAI must consult such persons as appear to it appropriate.

(6) The Secretary of State may by regulations make provision as to—

(a) the manner in which provision under subsection (1) is to be made and published;

(b) the matters to be taken into account by the CHAI before making the provision.

(7) The Secretary of State may by regulations make provision for an independent person or panel to review the amount charged under subsection (1) in any particular case and, if that person or panel thinks fit, to substitute a lesser amount for that amount.

(8) For the purpose of determining the fee payable by a person or body under subsection (1), the person or body must provide the CHAI with such information, in such form, as the CHAI may require.

(9) A fee payable by virtue of this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.