PART 4The Health Services Safety Investigations Body

Oversight of functions

I2I3129Failure to exercise functions

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.

I4I1130Review

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.