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PART 3PUBLICATION OF INFORMATION AND EXPLANATIONS

Power to require an explanation

10.—(1) Where the Commission considers an explanation of a relevant matter(1) necessary or expedient for the purposes of any of its regulatory functions, the persons specified in paragraph (3) must, if so requested, provide an explanation of that matter to the Commission or to persons authorised by it.

(2) Explanations required under paragraph (1) must be provided at such times and such places as may be specified by the Commission.

(3) The persons referred to in paragraph (1) are—

(a)a person carrying on a regulated activity;

(b)a chair, director or employee of a person carrying on a regulated activity;

(c)an English NHS body;

(d)a member of an English NHS body other than an NHS foundation trust;

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

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

(g)an employee of an English NHS body other than one falling within sub-paragraph (b);

(h)a local authority;

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

(j)a member of a committee or sub-committee of a local authority or a member of a joint committee of two or more local authorities;

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

(l)a person (other than a person prescribed in sub-paragraphs (b) to (k)) who is assisting in the carrying on of a regulated activity;

(m)a person providing equipment or premises to a registered person;

(n)a chair, director or employee of a person providing equipment or premises to a registered person; and

(o)a person (other than a person prescribed in sub-paragraph (n)) who is assisting a person providing equipment or premises to a registered person.

(1)

See section 65(2) of the Act for the definition of “relevant matter”.

(2)

2000 c. 22; section 39 has been amended by section 66 of the Local Government and Public Involvement in Health Act 2007 (c. 28).