Office of Public Sector Information

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations delegate the functions of the Secretary of State in Part 10 of the National Health Service Act 2006 (c.41) (“the Act”) in relation to the compulsory disclosure of documents for the purposes of the Secretary of State’s counter fraud or security management functions, to the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG), (“the Authority”), a Special Health Authority established under section 28 of the Act.

Regulation 2 delegates these functions to the Authority and provides that they must be exercised by senior officers the Counter Fraud and Security Management Service Division of the Authority (“the CFSMS”).

Regulations 3 and 4 make provision for individual senior officers of the CFSMS to be authorised to exercise these delegated functions.

Regulation 5 obliges the Authority to establish and maintain records of the officers who have been authorised to exercise these functions.

Regulation 6 provides that such authorised officers must be issued with statement providing evidence of their authorisation as authorised officer and makes provision for the content of that statement and regulation 7 sets out when authorised officers must produce that statement or a copy of that statement.

Regulations 8 to 11 make provision in relation to personal records. Regulation 8 obliges an authorised officer to obtain a specific authorisation before the exercise of the functions with respect to personal records. Regulation 9 provides for the appointment of designated officers to grant such specific authorisations and regulation 10 sets out the procedure for a specific authorisation. Regulation 11 obliges the Authority to establish and maintain records of all applications for specific authorisations whether or not they have been granted.

Regulation 12 provides that where an authorised officer is serving a notice under section 197(2) of the Act or requesting information from a person under section 198(6) of the Act in relation to information from personal records, in addition to producing the statement issued in accordance with regulation 6, or a copy of it, he must also produce evidence of a specific authorisation.

Regulation 13 sets out requirements for the content of a notice for the production of documents.

A full impact assessment has not been produced for these Regulations as they have no impact on the costs of business, charities or voluntary bodies.