Health Act 2006

Preliminary E+W

44 Compulsory disclosure of documents for purposes of counter fraud or security management functions E+W

(1) This Chapter confers power to require the production of documents in connection with the exercise of—

(a) the appropriate national authority's counter fraud functions in relation to the health service in England or (as the case may be) Wales, or

(b) the Secretary of State's security management functions in relation to the health service in England.

(2) The appropriate national authority's “counter fraud functions” in relation to the health service in England or Wales means that authority's power (by virtue of section 2(b) of the 1977 Act) to take action for the purpose of preventing, detecting or investigating fraud, corruption or other unlawful activities carried out against or otherwise affecting—

(a) the health service in England or (as the case may be) Wales, or

(b) that authority in relation to the authority's responsibilities for the health service in England or (as the case may be) Wales.

(3) The Secretary of State's “security management functions” in relation to the health service in England means the Secretary of State's power (by virtue of section 2(b) of the 1977 Act) to take action for the purpose of protecting and improving the security of—

(a) persons employed by the Secretary of State or an NHS body in the provision of services for the purposes of the health service in England (“English NHS services”);

(b) health service providers and persons employed by them so far as they or (as the case may be) persons so employed are engaged in any activity directly related to the provision of English NHS services;

(c) NHS contractors and persons employed by them so far as they or (as the case may be) persons so employed are engaged in any activity directly related to the provision of English NHS services;

(d) persons not within paragraphs (a) to (c) who work in any capacity on premises used by the Secretary of State, an NHS body, a health service provider, or an NHS contractor, in connection with the provision of English NHS services;

(e) persons on such premises—

(i) who are there for the purpose of receiving, or are receiving or have received, treatment or other services as patients, or

(ii) who are accompanying persons within sub-paragraph (i);

(f) property and information used or held by the Secretary of State, an NHS body, a health service provider, or an NHS contractor, in connection with the provision of English NHS services.

(4) In this Chapter—

(a) the appropriate national authority's counter fraud functions in relation to the health service in England or (as the case may be) Wales, and

(b) the Secretary of State's security management functions in relation to the health service in England,

are collectively referred to as functions to which this Chapter applies.

(5) In this section “investigating” means investigating in relation to civil or criminal proceedings.

Commencement Information

I1 S. 44 in force for certain purposes at Royal Assent, see s. 83

I2 S. 44 in force at 1.2.2007 for W. by S.I. 2007/204, art. 3(b)

45 Meaning of “NHS body” etc. E+W

(1) This section applies for the purposes of this Chapter.

(2) Subject to subsection (3), an “NHS body” means—

(a) a Strategic Health Authority,

(b) a Local Health Board,

(c) a Special Health Authority,

(d) a Primary Care Trust,

(e) an NHS trust, or

(f) an NHS foundation trust.

(3) In section 44(3), and in section 46(1) so far as having effect in relation to the Secretary of State's security management functions referred to in section 44(3), an “NHS body” means—

(a) a Strategic Health Authority,

(b) a Special Health Authority so far as performing functions in respect of England,

(c) a Primary Care Trust,

(d) an NHS trust all or most of whose hospitals, establishments and facilities are situated in England, or

(e) an NHS foundation trust.

(4) A “health service provider” means any person (other than a body within subsection (2)) providing primary medical services, primary dental services, primary or general ophthalmic services, or pharmaceutical services.

(5) An “NHS contractor” means any person (other than a body or person within subsection (2) or (4)) providing services of any description under arrangements made with an NHS body.

(6) A “statutory health body” means any body (other than a body within subsection (2), (4) or (5)) established by or under an enactment and—

(a) providing services in connection with the provision of, or

(b) exercising functions in relation to,

the health service in either England or Wales or both.

(7) The appropriate national authority may by order—

(a) make such amendments of any of subsections (2) to (6) as the authority considers appropriate;

(b) make such consequential amendments of this Chapter as the authority considers appropriate.

Commencement Information

I3 S. 45 in force for certain purposes at Royal Assent, see s. 83

I4 S. 45 in force at 1.2.2007 for W. by S.I. 2007/204, art. 3(b)