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Part 10 E+WProtection of NHS from fraud and other unlawful activities

PreliminaryE+W

143Compulsory disclosure of documentsE+W

(1)This Part confers power to require the production of documents in connection with the exercise of the Welsh Ministers' counter fraud functions in relation to the health service.

(2)The Welsh Ministers' “counter fraud functions” in relation to the health service means their 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 Welsh Ministers, in relation to their responsibilities for the health service.

(3)In this Part, the Welsh Ministers' counter fraud functions in relation to the health service are collectively referred to as functions to which this Part applies.

(4)Investigating” means investigating in relation to civil or criminal proceedings.

144Persons and bodies about which provision is made by this PartE+W

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

(2)Subject to any provision made under subsection (6), “NHS body” has the meaning given by section 22(6).

(3)A “health service provider” means any person (other than an NHS body) providing—

(a)primary medical services, primary dental services or pharmaceutical services under this Act or the National Health Service Act 2006 (c. 41),

(b)primary ophthalmic services under that Act, or

(c)general ophthalmic services.

(4)An “NHS contractor” means any person (other than an NHS body or a person within subsection (3)) providing services of any description under arrangements made with an NHS body.

(5)A “statutory health body” means any body (other than an NHS body, or a person within subsection (3) or (4)) 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.

(6)The Welsh Ministers may by order—

(a)make such amendments of any of subsections (2) to (5) as they consider appropriate,

(b)make such consequential amendments of this Part as they consider appropriate.