Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

Part 2 U.K. Standards

Chapter 3 E+W NHS health care: functions of CHAI

Healthcare provided by and for NHS bodies E+W

50 Annual reviews E+W

(1) In each financial year the CHAI must conduct a review of the provision of health care by and for—

(a) each English NHS body, and

(b) each cross-border SHA,

and must award a performance rating to each such body.

(2) The CHAI is to exercise its function under subsection (1) by reference to criteria from time to time devised by it and approved by the Secretary of State.

(3) The CHAI must publish the criteria devised and approved from time to time under subsection (2).

[F1 (4) In exercising its functions under this section in relation to any health care, the CHAI must take into account—

(a) the standards set out in statements published under section 46, and

(b) any code of practice issued under section 47A.

(4A) In conducting a review under subsection (1) in relation to a particular body to which provisions of such a code apply, the CHAI must accordingly consider (among other things) the extent, if any, to which those provisions are being observed by the body. ]

(5) For the purposes of this section the CHAI may, subject to this Part, conduct an inspection of—

(a) the body being reviewed; and

(b) any person who provides, or is to provide, health care for that body (wherever the health care is or is to be provided).

(6) The Secretary of State may, after consulting the CHAI, by regulations make provision as to the procedure to be followed in respect of the making of representations to the CHAI before the award of a performance rating under this section.

Textual Amendments

F1 S. 50(4)(4A) substituted for s. 50(4) (1.10.2006) by Health Act 2006 (c. 28), ss. 15(2), 83(7); S.I. 2006/2603, art. 2

Commencement Information

I1 S. 50 partly in force; s. 50 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I2 S. 50(1) in force for specified purposes at 1.4.2004, 1.4.2006, 1.4.2007 and 1.4.2008 by S.I. 2004/759, art. 3(1), art. 3(3)-(6) (as amended (20.3.2006) by S.I. 2006/836, art. 2 and (29.3.2007) by S.I. 2007/1102, art. 2)

I3 S. 50(2)(3) in force at 1.4.2005 by S.I. 2004/759, art. 3(2)

I4 S. 50(4) in force at 1.4.2006 by S.I. 2004/759, art. 3(3)(b) (as subsituted (20.3.2006) by S.I. 2006/836, art. 2)

I5 S. 50(5) in force at 1.4.2004 by S.I. 2004/759, art. 3(1)