Patient Savety (Notifiable Incidents and Open Disclosure) Act 2023
Amendment of section 73 of Act of 2007
70. Section 73 of the Act of 2007 is amended—
(a) in subsection (1), by the substitution of the following paragraphs for paragraphs (i) and (ii):
“(i) owned or controlled by the Executive, the Agency, a service provider, or a person carrying on the business of providing a prescribed private health service, or
(ii) used or proposed to be used, for any purpose connected with the provision of services described in section 8(1)(b) or (1)(ba).”,
(b) by the insertion of the following subsection after subsection (2):
“(2A) If the chief inspector considers it necessary or expedient for the purposes of a review referred to in section 41A, the chief inspector may enter and inspect at any time any premises—
(a) owned or controlled by a relevant entity within the meaning of section 41A, or
(b) used or proposed to be used for any purpose connected with the provision of a health service by a relevant entity within the meaning of section 41A.”,
(c) in subsection (3)—
(i) by the insertion of “or a review referred to in section 41A” after “section 41”, and
(ii) in paragraph (b), by the insertion of “in the case of an inspection referred to in section 41, or any premises referred to in subsection (2A) in the case of a review referred to in section 41A” after “subsection (2)”,
(d) in subsection (4)(a), by the substitution of “a service provider, a person carrying on the business of providing a prescribed private health service,” for “a service provider”,
(e) by the insertion of the following subsection after subsection (4):
“(4A) A chief inspector, in respect of premises referred to in subsection (2A), may—
(a) inspect, take copies of or extracts from and remove from the premises any documents or records (including personal records) relating to the services provided by a relevant entity within the meaning of section 41A,
(b) inspect the operation of any computer and any associated apparatus or material which is or has been in use in connection with the records in question,
(c) inspect any other item and remove it from the premises if the chief inspector considers it necessary or expedient for the purposes of a review referred to in section 41A,
(d) interview in private any person—
(i) working at the premises concerned, or
(ii) who at any time was or is in receipt of a service at the premises and who consents to be interviewed,
and
(e) make any other examination into the state and management of the premises or the standard of any services provided at the premises.”,
(f) in subsection (5)—
(i) by the insertion of “or (2A)” after “subsection (2)”, and
(ii) in paragraph (ii), by the substitution of “section 41, or of a review referred to in section 41A” for “section 41”, and
(iii) by the insertion of “or to the review” after “is relevant to the inspection”,
(g) in subsection (6), by the insertion of “or (2A)” after “subsection (2)”, and
(h) in subsection (8)—
(i) by the insertion of “or (2A)” after “subsection (2)”,
(ii) by the substitution of “an inspection referred to in section 41 or a review referred to in section 41A” for “an inspection under this section”,
(iii) by the substitution of “subject of the inspection or review” for “subject of the inspection”, and
(iv) in paragraph (b), by the insertion of “or review” after “the inspection”.