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The Commission for Health Improvement (Functions) (Wales) Regulations 2000

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PART VIINVESTIGATIONS

Investigations

10.—(1) The Commission shall carry out an investigation when requested to do so by the National Assembly.

(2) The Commission may carry out an investigation where—

(a)the Commission receives a request to investigate from any person or body; or

(b)it otherwise appears to the Commission to be appropriate to do so.

(3) Where the Commission is carrying out an investigation at the request of the National Assembly, it shall investigate such matters falling within section 20(1)(c) of the Act or regulation 2(e) of the Functions Regulations as may be specified in the request.

(4) Where the Commission is carrying out an investigation in any other case, it may investigate such matters falling within section 20(1)(c) of the Act or regulation 2(e) of the Functions Regulations as it considers appropriate.

Notice of investigation

11.  Where it is reasonably practicable to do so, the Commission shall provide written notification of its intention to conduct an investigation and the proposed date on which that investigation is to commence to —

(a)any National Health Service body or service provider which is to be the subject of an investigation;

(b)in the case of an investigation under regulation 10(2) concerning a Health Authority, a Special Health Authority or a National Health Service Trust, the National Assembly; and

(c)in the case of an investigation concerning a service provider, the relevant Health Authority.

Conducting an investigation of a body which is the subject of a local review

12.—(1) If in the course of conducting a local review a matter comes to the notice of the Commission which it considers should properly be the subject of an investigation, the Commission may commence an investigation into that matter.

(2) If the Commission decides to commence an investigation it shall, where reasonably practicable to do so, provide written notification of the decision and the proposed date on which the investigation is to commence to—

(a)the body which is the subject of the local review; and

(b)in a case where the body subject to the local review is a Health Authority, a Special Health Authority or a National Health Service Trust, the National Assembly.

(3) Where the Commission commences such an investigation, the Commission may suspend or continue the local review and, where the local review was suspended, resume the review at any time.

Investigation reports

13.—(1) Following the conclusion of an investigation which has been requested by the National Assembly the Commission shall make a report to the National Assembly and send a copy of the report to —

(a)any person or body which has been the subject of the investigation; and

(b)in the case of an investigation concerning a service provider, the relevant Health Authority.

(2) Following the conclusion of an investigation which has been requested by any other person or body, the Commission shall make a report to that person or body and send a copy of the report to —

(a)any person or body which has been the subject of the investigation;

(b)the National Assembly; and

(c)in the case of an investigation concerning a service provider, the relevant Health Authority.

(3) Following the conclusion of an investigation in any other case, the Commission shall make a report to the person or body which has been the subject of the investigation and shall send a copy of the report to —

(a)the National Assembly; and

(b)in the case of an investigation concerning a service provider, the relevant Health Authority.

(4) A report made under paragraphs (1), (2) or (3) shall set out—

(a)the findings and conclusions of the Commission;

(b)any recommendations made by the Commission.

(5) The Commission shall publish a summary of any such a report.

Special interest reports

14.—(1) If in the course of an investigation a matter comes to the notice of the Commission which it considers should, in the public interest, be brought to the attention of —

(a)any of the persons or bodies to which paragraph (2) applies; and

(b)the public,

the Commission may make the matter the subject of an immediate report in addition to the report to be made at the conclusion of the investigation.

(2) The persons and bodies referred to in paragraph (1) are—

(a)any National Health Service body or service provider which is the subject of the investigation;

(b)the National Assembly;

(c)in a case where a service provider is the subject of an investigation, the relevant Health Authority.

(3) Copies of any report under paragraph (1) shall be sent to—

(a)any National Health Service body or service provider which is the subject of the investigation;

(b)the National Assembly;

(c)in a case to which paragraph (2)(c) applies, the relevant Health Authority;

(d)any other National Health Service body or service provider or other person or body exercising statutory functions, to whom the Commission considers the report should be copied.

(4) In addition to sending copies of the report to the persons referred to in paragraph (3), the Commission shall publish a summary of the report.

Further action following an investigation

15.—(1) Following the conclusion of an investigation, any National Health Service body concerned shall, with the assistance of the Commission, prepare a written statement of the action which it proposes to take in the light of the report made by the Commission.

(2) A statement prepared under paragraph (1) shall be subject to approval by the National Assembly.

(3) Before deciding whether to approve a statement prepared under paragraph (1) the National Assembly shall consult the Commission.

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