38. (1) The Regulator may, for the purpose of monitoring compliance with the approved standards, carry out an assessment (in this Act referred to as a “standards assessment”) of compliance by an AHB with the approved standards.

(2) The Regulator may, for the purposes of carrying out a standards assessment, by notice given to an AHB, require it to give to the Regulator such information relating to the approved standards as is specified in the notice (in this section referred to as “the specified information”).

(3) A notice under subsection (2) shall—

(a) state the date on which it is given,

(b) state that the purpose of the standards assessment is to monitor compliance by the AHB with the approved standards,

(c) specify the form and manner in which the specified information shall be given, and

(d) specify a reasonable period, having regard to the circumstances in which the information is being sought, before the end of which the specified information shall be given.

(4) An AHB shall comply with a notice given to it under subsection (2).

(5) The Regulator shall prepare a report in writing (in this section referred to as an “assessment report”) of its standards assessment, setting out its findings and recommendations, having regard to the specified information (if any) given to it by the AHB and to any other information available to the Regulator.

(6) The Regulator shall send a draft of the assessment report to the AHB concerned together with a notice that representations on the draft may be made to the Regulator, in writing, before the end of the period specified in the notice.

(7) The Regulator shall consider any representations made to it in accordance with the notice given to it under subsection (6) and shall send a copy of the assessment report to the AHB concerned, with or without any amendments.

(8) The Regulator may extend the period referred to in a notice given under subsection (3) or (6), as the case may be, on application to it in that behalf, in writing, by the AHB concerned, where the Regulator is satisfied that there is good and sufficient reason for the extension.

(9) A person who, in purported compliance with this section, knowingly or recklessly provides information to the Regulator that is false or misleading in a material respect, or who believes any such information when provided by that person, in purported compliance with this section, not to be true, shall be guilty of an offence.