(1)Sections 50 to 52 and 54 of the 2003 Act are amended as follows.
(2)In section 50 (annual reviews), for subsection (4) substitute—
“(4)In exercising its functions 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, and
(b)any code of practice issued under section 47A.
(4A)In conducting a review under subsection (1) in relation to a particular body to which provisions of such a code apply, the CHAI must accordingly consider (among other things) the extent, if any, to which those provisions are being observed by the body.”
(3)In section 51 (reviews: England and Wales), in subsection (4)(a) after “section 46” insert “ and any code of practice issued under section 47A ”.
(4)In section 52 (reviews and investigations: England), for subsection (3) substitute—
“(3)The CHAI has the function of conducting reviews of—
(a)the arrangements made by English NHS bodies and cross-border SHAs for the purpose of discharging their duty under section 45;
(b)the arrangements made by particular bodies within paragraph (a) for the purpose of discharging that duty.”
(5)For section 52(5) substitute—
“(5)In exercising its functions 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, and
(b)any code of practice issued under section 47A.
(5A)In conducting a review under subsection (3) in relation to a particular body to which provisions of such a code apply, the CHAI must accordingly consider (among other things) the extent, if any, to which those provisions are being observed by the body.”
(6)In section 54 (functions relating to Secretary of State and Assembly), in subsection (2) after “section 46 or 47” insert “ , or any code of practice issued under section 47A, ”.
Commencement Information
I1S. 15 in force at 1.10.2006 by S.I. 2006/2603, art. 2