New Clause 15 - Failure in discharge of functions: CHAI

Health and Social Care (Community Health and Standards) Bill – in a Public Bill Committee at 11:15 am on 12th June 2003.

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'(1) Where the Secretary of State considers that the CHAI is to a significant extent—

(a) failing to discharge any of its functions under this Act; or

(b) failing properly to discharge any of those functions;

he may give a direction to the CHAI.

(2) The Secretary of State must consult the Assembly before giving a direction under this section in respect of a failure which—

(a) relates to any function of the CHAI under section 49(1), 50, 52 or 54; and

(b) relates to the provision of health care by or for a Welsh NHS body.

(3) Regulations under section 57 may, in relation to any function conferred on the CHAI under subsection (1)(a) of that section, provide that—

(a) the Assembly, and not the Secretary of State, may give directions to CHAI under subsection (1);

(b) the Assembly, as well as the Secretary of State, may give directions to the CHAI under subsection (1).

(4) The CHAI must comply with any direction given to it under this section.

(5) A direction given under this section—

(a) must be given in writing;

(b) may be varied or revoked by a further direction under this section.'.—[Mr. Lammy.]

Brought up, read the First and Second time, and added to the Bill.

Further consideration adjourned.—[Jim Fitzpatrick.]

Adjourned accordingly at twenty-four minutes past Eleven o'clock till this day at half-past Two o'clock.