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Amendment of section 73 of Act of 2007
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70. Section 73 of the Act of 2007 is amended—
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(a) in subsection (1), by the substitution of the following paragraphs for paragraphs (i) and (ii):
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“(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
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(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).”,
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(b) by the insertion of the following subsection after subsection (2):
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“(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—
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(a) owned or controlled by a relevant entity within the meaning of section 41A, or
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(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.”,
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(c) in subsection (3)—
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(i) by the insertion of “or a review referred to in section 41A” after “section 41”, and
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(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)”,
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(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”,
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(e) by the insertion of the following subsection after subsection (4):
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“(4A) A chief inspector, in respect of premises referred to in subsection (2A), may—
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(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,
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(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,
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(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,
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(d) interview in private any person—
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(i) working at the premises concerned, or
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(ii) who at any time was or is in receipt of a service at the premises and who consents to be interviewed,
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and
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(e) make any other examination into the state and management of the premises or the standard of any services provided at the premises.”,
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(f) in subsection (5)—
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(i) by the insertion of “or (2A)” after “subsection (2)”, and
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(ii) in paragraph (ii), by the substitution of “section 41, or of a review referred to in section 41A” for “section 41”, and
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(iii) by the insertion of “or to the review” after “is relevant to the inspection”,
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(g) in subsection (6), by the insertion of “or (2A)” after “subsection (2)”, and
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(h) in subsection (8)—
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(i) by the insertion of “or (2A)” after “subsection (2)”,
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(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”,
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(iii) by the substitution of “subject of the inspection or review” for “subject of the inspection”, and
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(iv) in paragraph (b), by the insertion of “or review” after “the inspection”.
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