Part 10Protection of NHS from fraud and other unlawful activities
Preliminary
195Compulsory disclosure of documents
(1)
This Part confers power to require the production of documents in connection with the exercise of the Secretary of State’s counter fraud functions or security management functions in relation to the health service.
(2)
The Secretary of State’s “counter fraud functions” in relation to the health service means his power (by virtue of section 2(1)(b)) 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, or
(b)
the Secretary of State in relation to his responsibilities for the health service.
(3)
The Secretary of State’s “security management functions” in relation to the health service means his power (by virtue of section 2(1)(b)) 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 (“NHS services”),
(b)
health service providers and persons employed by them so far as they or persons so employed are engaged in any activity directly related to the provision of NHS services,
(c)
NHS contractors and persons employed by them so far as they or persons so employed are engaged in any activity directly related to the provision of 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 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 NHS services.
(4)
In this Part, the Secretary of State’s counter fraud functions and security management functions in relation to the health service are collectively referred to as functions to which this Part applies.
(5)
“Investigating” means investigating in relation to civil or criminal proceedings.