Modifications etc. (not altering text)
C1 Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 17(4)(c) (5)(b)
C2 Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 14(4)(c)
Modifications etc. (not altering text)
C3Pt. 1 Ch. 3 modified by 2004 c. 17, s. 10(1) (as substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), arts. 1(1), 15)
(1)Following a review under section 46 or 49, or a review or investigation under section 48, the Commission must inform the Welsh Ministers if it considers that—
(a)there are significant failings in relation to the provision of health care by or pursuant to arrangements made by a Welsh NHS body,
(b)there are significant failings in the running of a Welsh NHS body, or
(c)there are significant failings in the running of a body, or the practice of an individual, providing health care pursuant to arrangements made by a Welsh NHS body.
(2)The Commission may also recommend to the Welsh Ministers that, with a view to remedying those failings, the Welsh Ministers take special measures—
(a)in a case falling within subsection (1)(a) or (b), in relation to the Welsh NHS body concerned;
(b)in a case falling within subsection (1)(c), in relation to the body or individual concerned (except an English NHS body or a cross-border Special Health Authority).
(3)In this section “Welsh NHS body” has the same meaning as in Part 2 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43).
Commencement Information
I1S. 51 in force at 1.4.2009 for specified purposes by S.I. 2009/462, art. 2(1), Sch. 1 para. 19
I2S. 51 in force at 11.12.2009 in so far as not already in force by S.I. 2009/3023, art. 2(f) (with arts. 3-17) (as amended (8.2.2010) by S.I. 2010/47, art. 2)