The Commission for Healthcare Audit and Inspection (Explanation, Statements of Action and Co-operation) Regulations 2004

Power to require an explanation

2.—(1) The CHAI (1), or a person authorised by it, may require any of the persons prescribed in paragraph (4) to provide to the CHAI or the person so authorised (as the case may be) an explanation of—

(a) any documents, records or items inspected, copied or provided under sections 66 to 68 of the Act;

(b) any information provided under those sections; or

(c) any matters which are the subject of the exercise of any functions of the CHAI under Chapter 3 of Part 2 of the Act (“Chapter 3”),

in circumstances where the CHAI considers the explanation necessary or expedient for the purposes of Chapter 3.

(2) The CHAI or the person so authorised may require the explanation to be provided—

(a) in person (unless the person required to provide the explanation is a body of persons corporate or unincorporate); or

(b) in writing.

(3) Where the CHAI or the person so authorised requires the explanation to be provided in person, the explanation shall be provided at a time and place specified by the CHAI, and the CHAI shall give the person required to provide the explanation reasonable notice of that time and place.

(4) The persons prescribed are—

(a) an NHS body;

(b) a chairman, member, director or employee of an NHS body other than an NHS foundation trust;

(c) a chairman, director or employee of an NHS foundation trust;

(d) a member of a committee or sub-committee of an NHS body other than an NHS foundation trust;

(e) a member of a committee or sub-committee of the board of directors of an NHS foundation trust;

(f) a service provider;

(g) a chairman, director or employee of a service provider;

(h) a person (other than a person prescribed in sub-paragraph (g)) who is assisting a service provider in the provision of health care for an NHS body;

(i) a local authority or a member or officer of a local authority;

(j) an elected mayor of a local authority within the meaning of section 39(1) of the Local Government Act 2000 (2);

(k) a person (other than a person prescribed above) who is assisting an NHS body in the exercise of its functions.

(1)

See section 148 of the Act for the definition of “the CHAI”.

(2)

c. 22.