Health and Care Act 2022

Oversight of functions E+W

129 Failure to exercise functions E+W

(1) This section applies if the Secretary of State considers that—

(a) the HSSIB is failing or has failed to exercise any of its functions, and

(b) the failure is significant.

(2) The Secretary of State may direct the HSSIB to exercise such of its functions, in such manner and within such period, as the direction specifies.

(3) But the Secretary of State may not give a direction under subsection (2) which directs the outcome of a particular investigation.

(4) If the HSSIB fails to comply with a direction under subsection (2), the Secretary of State may—

(a) exercise the functions specified in the direction, or

(b) make arrangements for some other person to exercise them on the Secretary of State’s behalf.

(5) The reference in subsection (1)(a) to exercising a function includes a reference to exercising it properly.

(6) A direction under subsection (2)—

(a) must be in writing;

(b) may be varied or revoked by subsequent directions.

Commencement Information

I1 S. 129 not in force at Royal Assent, see s. 186(6)

I2 S. 129 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(a)

130 Review E+W

(1) Before the end of the period mentioned in subsection (2), the Secretary of State must—

(a) review the effectiveness of the exercise by the HSSIB of its investigation function,

(b) prepare and publish a report of the review, and

(c) lay the report before Parliament.

(2) The period is four years beginning with the day on which section 110 comes into force.

Commencement Information

I3 S. 130 not in force at Royal Assent, see s. 186(6)

I4 S. 130 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(a)