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Health and Social Care Act 2008

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This is the original version (as it was originally enacted).

Interaction with other authorities

66Interaction with other authorities

Schedule 4 (interaction with other authorities) has effect.

67Co-ordination of reviews or assessments

The Commission must promote the effective co-ordination of reviews or assessments carried out by public bodies or other persons in relation to the carrying on of regulated activities.

68Avoidance of unreasonable burdens in exercise of regulatory powers

(1)The Secretary of State may publish guidance about steps which regulatory authorities may take in exercising relevant powers with a view to avoiding the imposition of unreasonable burdens on those in respect of whom the powers are exercisable.

(2)“Regulatory authorities” means—

(a)the Commission, and

(b)such other bodies as may be prescribed.

(3)A body may not be prescribed under subsection (2)(b) unless it has functions relating to the provision of health or social care.

(4)“Relevant powers” means powers conferred by or under an enactment to—

(a)carry out inspections, or

(b)require the provision of information,

but, in relation to a body prescribed under subsection (2)(b), such powers are “relevant powers” only so far as they are exercisable in respect of a person in respect of whom the Commission has relevant powers.

(5)The steps mentioned in subsection (1) might include for example—

(a)co-operating with other regulatory authorities and co-ordinating the exercise of relevant powers,

(b)sharing information or the results of inspections, and

(c)seeking to obtain information from other sources before exercising a relevant power to require the provision of that information.

(6)In exercising relevant powers, regulatory authorities must have regard to any guidance published under subsection (1).

(7)Nothing in this section is intended to limit the scope of a relevant power or affect a person’s obligation to comply with a requirement imposed in the exercise of such a power.

(8)In this section—

(a)“inspections” includes inspections of persons, premises or the carrying on of activities,

(b)a reference to a power to carry out inspections includes a reference to any power which is ancillary to that power (such as a power to enter premises or to require assistance), and

(c)a reference to a power to require the provision of information includes a reference to a power to require the production of documents, records or other items, a power to require the making of reports and a power to require explanations.

69Co-operation between the Commission and Welsh Ministers

(1)The Commission and the Welsh Ministers must co-operate with each other for the efficient and effective discharge of their corresponding functions.

(2)Their corresponding functions are—

(a)the Commission’s functions, and

(b)any functions of the Welsh Ministers exercisable in or in relation to Wales which correspond or are similar to any of the Commission’s functions.

(3)The Commission and the Welsh Ministers may share information with each other for the purposes of subsection (1).

70Co-operation between the Commission and the Independent Regulator of NHS Foundation Trusts

(1)The Commission and the Independent Regulator of NHS Foundation Trusts must co-operate with each other in the exercise of their respective functions.

(2)In particular—

(a)the Commission must keep the Independent Regulator informed about the provision of health care by NHS foundation trusts, and

(b)the Independent Regulator must give the Commission any information the Independent Regulator has about the provision of health care by an NHS foundation trust which the Independent Regulator or the Commission considers would assist the Commission in the exercise of the Commission’s functions.

(3)Without prejudice to subsection (2)(a) the Commission must, on request, provide the Independent Regulator with any material relevant to—

(a)a review under section 46 or 49,

(b)a review or investigation under section 48, or

(c)a study promoted, or undertaken, by the Commission under section 54,

so far as the material relates to the provision of health care by an NHS foundation trust.

71Provision of information by Auditor General for Wales

(1)The Auditor General for Wales must, on request, provide the Commission with any information it may reasonably require for the purpose of making comparisons, in the exercise of its functions under section 54 so far as relating to health care or English NHS bodies, between English NHS bodies and Welsh NHS bodies.

(2)In this section “Welsh NHS body” has the same meaning as in Part 3 of the Public Audit (Wales) Act 2004 (c. 23).

72Provision of material to the Comptroller and Auditor General

The Commission must, on request, provide the Comptroller and Auditor General with any material relevant to—

(a)a review under section 46 or 49 in respect of an English NHS body,

(b)a review or investigation under section 48 in respect of such a body, or

(c)a study promoted, or undertaken, by the Commission under section 54.

73Arrangements with Ministers

(1)The Commission and a Minister of the Crown may make arrangements for the Commission to—

(a)perform any of its functions in relation to a prescribed health scheme, or a prescribed social care scheme, for which the Minister has responsibility;

(b)provide services or facilities insofar as they are required by the Minister in connection with such a scheme.

(2)Arrangements under this section may be made on such terms and conditions as may be agreed between the parties to the arrangements.

(3)Those terms and conditions may include provision with respect to the making of payments to the Commission in respect of the cost to it of giving effect to the arrangements.

(4)In this section—

  • “health scheme” means a scheme which appears to the Secretary of State to be a health or medical scheme paid for out of public funds;

  • “social care scheme” means a scheme which appears to the Secretary of State to be a social care scheme paid for out of public funds.

74Arrangements with Northern Ireland Ministers

(1)The Commission and a Northern Ireland Minister may make arrangements for the Commission to—

(a)exercise on behalf of the Minister any function of the Minister which corresponds to a function of the Commission and relates to the Northern Ireland health service;

(b)provide services or facilities insofar as they are required by the Minister in connection with the exercise by the Minister of any such functions.

(2)Arrangements under this section may be made on such terms and conditions as may be agreed between the parties to the arrangements.

(3)Those terms and conditions may include provision with respect to the making of payments to the Commission in respect of the cost to it of giving effect to the arrangements.

(4)Any arrangements under subsection (1)(a) are not to affect the responsibility of the Minister on whose behalf the function is exercised.

(5)In this section—

  • “Northern Ireland Minister” includes the First Minister, the deputy First Minister and a Northern Ireland department;

  • “Northern Ireland health service” means any of the health services under any enactment which extends to Northern Ireland and which corresponds to section 1(1) of the National Health Service Act 2006 (c. 41).

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