Commentary on Sections Part 2 –Standards Supplementary Section 62: Fees and section 63:Fees: Wales
172.Section 62(1) provides a power for the CHAI to be able to make and publish provision requiring persons to pay fees in relation to the exercise of prescribed functions under this Chapter. Section 62(1)(a) provides for it to be able to charge fees to NHS bodies and cross border Special Health Authorities, and section 62(1)(b) provides for it to be able to charge fees to any person of a prescribed description who provides health care for an English NHS body or cross border Special Health Authority.
173.Similar powers in relation to the exercise of the CHAI’s functions in relation to Welsh NHS bodies are provided under section 63. Therefore, the CHAI may not charge a Welsh NHS body under the provisions of section 62(1)(b) and may not charge an English NHS body or cross border Special Health Authority under section 63(1)(b). By subsection (5) of both sections, CHAI is under a duty to consult appropriate persons before specifying any provisions.
174.Subsection (6) of both sections confers a regulation making power on the appropriate authority to prescribe the manner in which CHAI’s fees are to be made and published and to enable the appropriate authority to specify the matters that CHAI must take into account before it determines any fee.
175.Subsection (7) of both sections will allow the appropriate authority to make provisions for an independent person or panel to review the charge levied by CHAI in a particular case, and to substitute a lesser one if they deem it appropriate.