Commentary on Sections Part 2 –Standards Reviews and investigations Section 71: Reporting to Secretary of State and the Regulator
184.English NHS bodies may provide health services on behalf of Welsh NHS bodies, and where this occurs the Assembly may review and investigate these services under section 70. Where the Assembly detects significant failings in the provision of services by an English NHS body or cross-border Special Health Authority, section 71 provides that the Assembly must report this to the Secretary of State. If the Assembly detects failings relating to NHS foundation trusts it will be required to report the same to the Regulator. Section 145 provides that the Assembly must co-operate with the CHAI for the efficient and effective discharge of their respective functions. This means that the Assembly and CHAI will need to co-operate in particular in order to avoid any unnecessary overlap between the inspections and reviews that each carry out.
185.Any reports so provided by the Assembly under section 71 may include recommendations that the Secretary of State or the Regulator, as the case may be, take special measures with a view to improve the health care provided.