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Commission For Health Improvement (Functions) (Wales) Regulations 2003

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PART IVREVIEWS

Effectiveness and adequacy of arrangements

5.  In conducting a clinical governance review the Commission shall assess the effectiveness of the arrangements by the NHS body concerned and consider whether those arrangements are adequate.

Review reports

6.—(1) Following the conclusion of a clinical governance review, the Commission shall make a report to the NHS body concerned.

(2) Following the conclusion of a general review other than a national service review, the Commission shall make a report to the persons or bodies that were the subject of the review.

(3) At the conclusion of a national service review the Commission shall make a report to the National Assembly.

(4) The reports referred to in paragraph (1) to (3) shall set out —

(a)the findings and conclusions of the Commission; and

(b)any recommendations made by the Commission.

Special interest reports — clinical governance review

7.—(1) If in the course of a clinical governance review 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 review.

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

(a)the NHS body which is the subject of the review;

(b)the National Assembly.

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

(a)the NHS body which is the subject of the review;

(b)the National Assembly;

(c)any other NHS body or service provider or other person or body exercising statutory functions, to whom the Commission considers the report should be copied.

Special interest reports — general review

8.—(1) If in the course of a general review 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; or

(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 review.

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

(a)a person or body which is the subject of the review;

(b)the National Assembly;

(c)in a case where a service provider is the subject of the review, the relevant Local Health Board.

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

(a)the person or body who is the subject of the review and to whose attention the Commission considers that the matter should be drawn;

(b)where that person or body is a service provider, the relevant Local Health Board;

(c)the National Assembly;

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

Further action following a review

9.—(1) Paragraphs (2) to (4) below apply where an NHS body has been the subject of a clinical governance review or of a general review other than a national service review.

(2) Following the conclusion of a review, the NHS 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.

(3) A statement prepared under paragraph (2) shall be subject to approval in the case of a Local Health Board, a Special Health Authority or an NHS trust, by the National Assembly.

(4) Before deciding whether to approve a statement prepared under paragraph (2), the National Assembly shall consult the Commission.

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