The Community Health Councils (Constitution, Membership and Procedures) (Wales) Regulations 2010

Entry and inspection of premises

29.—(1) Subject to the following paragraphs of this regulation, members of a Council who are authorised in writing by that Council may, for the purposes of carrying out any of the functions of the Council, at any reasonable time enter and inspect premises owned or controlled by–

(a) Local Health Boards;

(b) Strategic Health Authorities;

(c) NHS Trusts;

(d) local authorities;

(e) Primary Care Trusts;

(f) persons providing primary medical services, primary dental services or pharmaceutical services under the Act or the National Health Service Act 2006(1);

(g) persons providing general ophthalmic services under the Act;

(h) persons providing piloted services within the meaning of section 92 of the Act or section 134 of the National Health Service Act 2006;

(i) persons providing Local Pharmaceutical Services within the meaning of paragraph 1 of Schedule 7 to the Act or paragraph 1 of Schedule 12 to the National Health Service Act 2006; or

(j) persons who own or control premises where services as mentioned in (f), (g), (h) or (i) are provided.

(2) Each member authorised by a Council under paragraph (1) must be furnished with written evidence of their authority and on applying for entry to any premises referred to in paragraph (1) for the purposes specified in that paragraph must, if so requested by the owner or occupier of those premises or a person acting on either of their behalf, produce that evidence.

(3) A member authorised by a Council under paragraph (1) may not, save where a Council is of the opinion that it is expedient in the interests of the health service or because of a risk to the safety or welfare of patients or staff, demand admission to any premises referred to in that paragraph as of right unless the person or body which owns or controls the premises has been given reasonable notice of the intended entry.

(4) A member authorised by a Council under paragraph (1) may not enter any premises or part of premises used as residential accommodation—

(a) for persons employed by any of the bodies referred to in paragraphs (1)(a) to (e); or

(b) by persons referred to in paragraphs (1)(f) to (j),

without first having obtained the consent of those persons.

(5) In exercising rights of entry and inspection under this regulation, a Council must have regard to the need to safeguard patients' safety, privacy and dignity, and to any guidance issued by the Welsh Ministers and must, when it is practicable to do so, co–operate with any other body exercising similar rights pursuant to any enactment.

(1)

2006 c. 41.