Health Act 2007


Appointment by Executive of persons to examine designated centres.

71.— (1) For the purpose of assessing compliance with the terms and conditions, regulations and standards and other statutory obligations referred to in subsection (2), the F40 [ Executive or the Agency as the case may be ] may appoint persons to examine any premises of a service provider in which the business of a designated centre is being carried on.

(2) The following are the terms and conditions, regulations and standards and other statutory obligations for the purposes of subsection (1):

F41 [ (a) the terms and conditions applicable in respect of any

(i) arrangement under section 38 of the Health Act 2004 ,

(ii) assistance given in accordance with section 39 of the Health Act 2004 , and

(iii) arrangements under section 56 or 58 of the Child and Family Agency Act 2013. ]

( b) any regulations and any standards made in respect of the category of designated centres to which the designated centre referred to in subsection (1) belongs; and

( c) any other statutory obligations in relation to that designated centre.

(3) A person appointed under subsection (1) may—

( a) enter any designated centre maintained by a service provider and examine, as he or she thinks fit, the state and management of the premises and the care or treatment of residents of the centre, and

( b) examine any records in relation to the centre and interview—

(i) any employee of the centre, or

(ii) any resident of the centre with the resident’s consent.

(4) The person in charge of a designated centre, whether that person is the registered provider or another person, shall—

( a) allow a person appointed under subsection (1) to enter the designated centre for the purpose of any examination under subsection (2), and

( b) co-operate with that person throughout the course of the examination.