48Special reviews and investigationsE+W
(1)The Commission may [F1, with the approval of the Secretary of State,] conduct any special review or investigation, and must do so if the Secretary of State so requests.
[F2(1A)The Commission may conduct an investigation under this section without the approval of the Secretary of State where the Commission considers there to be a risk to the health, safety or welfare of persons receiving health or social care.]
(2)A special review or investigation is a review (other than a periodic review) of or an investigation into—
(a)the provision of NHS care,
(b)the provision of adult social services,
[F3(ba)the exercise of the functions of the National Health Service Commissioning Board or a clinical commissioning group in arranging for the provision of NHS care under the National Health Service Act 2006 [F4 or section 117 of the Mental Health Act 1983 (after-care)],] or
(c)the exercise of functions by English Health Authorities.
(3)Such a review or investigation may relate—
(a)to the overall provision of NHS care or adult social services or to the provision of NHS care or adult social services of a particular description;
(b)to the overall exercise of functions or to the exercise of functions of a particular description;
(c)to the provision of care or services or the exercise of functions by bodies or persons generally or by particular bodies or persons.
(4)Where the Commission conducts a review or investigation under this section, it must publish a report.
(5)The Commission must consider whether the report raises anything on which it ought to give advice to the Secretary of State under section 53(2).
(6)If the review or investigation gives rise to a duty to act under section 50(2) or (3) in respect of an English local authority, subsection (5) does not apply in relation to so much of the report as relates to that local authority.
(7)The Secretary of State may, after consulting the Commission, by regulations make provision as to the procedure to be followed in respect of the making of representations to the Commission before the publication of a report under subsection (4).
(8)In this section “English Health Authority” means—
F5(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)a Special Health Authority performing functions only or mainly in respect of England.
Textual Amendments
F1Words in s. 48(1) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 293(2)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F2S. 48(1A) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 293(2)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F3S. 48(2)(ba) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 158(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F4Words in s. 48(2)(ba) inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 40(6), 306(4), Sch. 5 para. 158(a); S.I. 2013/160, art. 2(2) (with arts. 7-9
F5S. 48(8)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 158(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Commencement Information
I1S. 48 partly in force; S. 48 in force for specified purposes at Royal Assent, see s. 170
I2S. 48 in force at 1.4.2009 in so far as not already in force by S.I. 2009/462, art. 2(1), Sch. 1 para. 17