16 Code of practice: improvement notices
Health Act 2006 (2006 c 28) | Legislation

16  Code of practice: improvement notices

After section 53 of the 2003 Act insert—

“53A Failings in connection with code under section 47A: improvement notices

(1)     This section applies where, following such a review or investigation as is mentioned in section 53(1), the CHAI—

(a)     is of the view that any provisions of a code of practice issued under section 47A and applying to an English NHS body or a cross-border SHA are not being observed in any material respect in relation to the provision of health care by or for the body, but

(b)     having regard to all the circumstances, is not of the view that it is required to make a report under section 53(2) (or, if relevant, section 53(6)).

(2)     The CHAI may serve a notice under this section (an “improvement notice”) on the body in respect of the failure to observe the code, if it considers that serving the notice is the most appropriate course of action for it to take with a view to securing that the failure is remedied.

(3)     An improvement notice must—

(a)     state that the CHAI has formed the view mentioned in subsection (1)(a) in relation to the provision of health

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