National Health Service (Wales) Act 2006 (c. 42)

(The document as of February, 2008)

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(b) making provision for determining to which Special Health Authority certain uses of resources must be attributed,

(3) The Welsh Ministers may give such directions to a Special Health Authority as appear to be requisite to secure that it complies with the duty under subsection (1).

(4) Subsections (3) to (5) of section 172 apply in relation to the duty under subsection (1) of this section as they apply in relation to the duties under subsections (1) and (2) of that section; and for that purpose references to the defraying of expenditure and the receipt of sums are references to the incurring of liabilities and the acquisition of assets.

(5) Where the Welsh Ministers have specified an amount under this section in respect of a financial year, they may vary the amount by a later specification.

(6) In this section a reference to the use of resources is a reference to their expenditure, consumption or reduction in value.

Local Health Boards

174 Public funding of Local Health Boards

(1) The Welsh Ministers must, in respect of each financial year, pay to each Local Health Board--

(a) sums equal to its general ophthalmic and pharmaceutical services expenditure, and

(b) sums not exceeding the amount allotted by the Welsh Ministers to the Local Health Board for that year towards meeting the Local Health Board's main expenditure in that year.

(2) In determining the amount to be allotted for any year to a Local Health Board under subsection (1)(b) (or in varying the amount under subsection (9)), the Welsh Ministers may take into account, in whatever way they consider appropriate--

(a) the Local Health Board's general ophthalmic and pharmaceutical services expenditure, and

(b) expenditure which would have been the Local Health Board's general ophthalmic and pharmaceutical services expenditure but for an order under section 180(2) (special arrangements as to payment of remuneration),

during any period the Welsh Ministers consider appropriate (or such elements of that expenditure as they consider appropriate).

(3) Where the Welsh Ministers have made an initial determination of the amount ("the initial amount") to be allotted for any year to a Local Health Board under subsection (1)(b), they may increase the initial amount by a further sum if it appears to them that over a period notified to the Local Health Board--

(a) it satisfied any objectives notified to it as objectives to be met in performing its functions, or

(b) it performed well against any criteria notified to it as criteria relevant to the satisfactory performance of its functions (whether or not the method of measuring its performance against those criteria was also notified to it).

(4) "Notified" means specified or referred to in a notice given to the Local Health Board by the Welsh Ministers.

(5) In making any increase under subsection (3), the Welsh Ministers may (whether by directions under subsection (10) or otherwise) impose any conditions they consider appropriate on the application or retention by the Local Health Board of the sum in question.

(6) Subsection (7) applies where--

(a) the Welsh Ministers have, under subsection (3), increased by any sum the amount to be allotted for any year to a Local Health Board,

(b) the Welsh Ministers have notified the Local Health Board of the allotment, and

(c) it subsequently appears to the Welsh Ministers that the Local Health Board has failed (wholly or in part) to satisfy any conditions imposed in making that increase.

(7) Where this subsection applies, the Welsh Ministers may reduce--

(a) the allotment made to the Local Health Board for that year, or

(b) when the Welsh Ministers have made an initial determination of the amount ("the initial amount") to be allotted for any subsequent year to the Local Health Board under subsection (1)(b), the initial amount,

by an amount not exceeding the sum mentioned in subsection (6)(a).

(8) An amount is allotted to a Local Health Board for a year under this section when the Local Health Board is notified by the Welsh Ministers that the amount is allotted to it for that year.

(9) The Welsh Ministers may make an allotment under this section increasing or reducing (subject to subsection (7)) an allotment previously so made; and the reference to a determination in subsection (3) includes a determination made with a view to increasing or reducing an allotment previously so made.

(10) The Welsh Ministers may give directions to a Local Health Board with respect to--

(a) the application of sums paid to it under this section, or

(b) the payment of sums by it to the Welsh Ministers in respect of charges or other sums referable to the valuation or disposal of assets.

(11) Sums falling to be paid to Local Health Boards under this section are payable subject to such conditions as to records, certificates or otherwise as the Welsh Ministers may determine.

(12) "General ophthalmic and pharmaceutical services expenditure" and "main expenditure" are defined in Schedule 8.

175 Financial duties of Local Health Boards

(1) Each Local Health Board must, in respect of each financial year, perform its functions so as to secure that its expenditure which is attributable to the performance by it of its functions in that year (not including its general ophthalmic and pharmaceutical services expenditure) does not exceed the aggregate of--

(a) the amount allotted to it for that year under section 174(1)(b),

(b) any sums received by it in that year under any provision of this Act (other than sums received by it under that section), and

(c) any sums received by it in that year otherwise than under this Act for the purpose of enabling it to defray any such expenditure.

(2) The Welsh Ministers may give such directions to a Local Health Board as appear to be requisite to secure that it complies with the duty under subsection (1).

(3) To the extent to which--

(a) any expenditure is defrayed by a Local Health Board as trustee or on behalf of a Local Health Board by special trustees, or

(b) any sums are received by a Local Health Board as trustee or under section 169,

that expenditure and, subject to subsection (5) those sums, must be disregarded for the purposes of this section.

(4) For the purposes of this section sums which, in the hands of a Local Health Board, cease to be trust funds and become applicable by the Local Health Board otherwise than as trustee must be treated, on their becoming so applicable, as having been received by the Local Health Board otherwise than as trustee.

(5) Of the sums received by a Local Health Board under section 169 so much only as accrues to the Local Health Board after defraying any expenses incurred in obtaining them must be disregarded under subsection (3).

(6) Subject to subsection (3), the Welsh Ministers may by directions determine--

(a) whether specified sums must, or must not, be treated for the purposes of this section as received under this Act by a specified Local Health Board,

(b) whether specified expenditure must, or must not, be treated for those purposes as expenditure within subsection (1) of a specified Local Health Board, or

(c) the extent to which, and the circumstances in which, sums received by a Local Health Board under section 174 but not yet spent must be treated for the purposes of this section as part of the expenditure of the Local Health Board and to which financial year's expenditure they must be attributed.

(7) "Specified" means of a description specified in the directions.

176 Resource limits for Local Health Boards

(1) Each Local Health Board must ensure that the use of its resources in a financial year does not exceed the amount specified for it in relation to that year by the Welsh Ministers.

(2) For the purpose of subsection (1) no account may be taken of any use of resources for the purpose of a Local Health Board's general ophthalmic and pharmaceutical services expenditure.

(3) But in specifying an amount for a Local Health Board under subsection (1) (or in varying the amount under subsection (5)), the Welsh Ministers may take into account (in whatever way they consider appropriate)--

(a) any such use of resources, and

(b) the use of any resources which would have been for the purpose of the Local Health Board's general ophthalmic and pharmaceutical services expenditure but for an order under section 180(2) (special arrangements as to payment of remuneration),

during any period they consider appropriate (or such elements of such uses of resources as they consider appropriate).

(4) For the purpose of subsection (1) the Welsh Ministers may give directions--

(a) specifying uses of resources which must, or must not, be taken into account,

(b) making provision for determining to which Local Health Board certain uses of resources must be attributed,

(5) Where the Welsh Ministers have specified an amount under this section in respect of a financial year, they may vary the amount by a later specification.

(6) Subsections (3) to (5) of section 175 apply in relation to the duty under subsection (1) of this section as they apply in relation to the duty under subsection (1) of that section; and for that purpose references to the defraying of expenditure and the receipt of sums are references to the incurring of liabilities and the acquisition of assets.

(7) The Welsh Ministers may give such directions to a Local Health Board as appear to be requisite to secure that it complies with the duty under subsection (1).

(8) In this section a reference to the use of resources is a reference to their expenditure, consumption or reduction in value.

177 Further provision about the expenditure of Local Health Boards

Schedule 8 makes further provision about the expenditure of Local Health Boards.

Accounts and audit

178 Accounts and audit

Schedule 9 makes provision about the accounts of certain health service bodies and the auditing of such accounts.

Allowances and remuneration

179 Allowances for members of certain bodies

(1) The Welsh Ministers may pay to members of any body specified by them in an order as a body formed for the purpose of performing a function connected with the provision of services under this Act, such travelling and other allowances, including compensation for loss of remunerative time, as they may determine.

(2) Payments under this section are subject to such conditions as to records, certificates, or otherwise as the Welsh Ministers may determine.

180 Special arrangement as to payment of remuneration

(1) Subsection (2) applies where the Welsh Ministers consider it appropriate for remuneration in respect of--

(a) primary medical services or primary dental services,

(b) general ophthalmic services, or

to be paid by a particular body.

(2) Where this subsection applies, and the functions of the body do not include the function of paying the remuneration, the Welsh Ministers may by order confer that function on that body.

(3) Any sums required to enable a body to pay the remuneration must, if apart from this section there is no provision authorising the payment of the sums by the Welsh Ministers or out of money provided by Parliament, be paid by them.

(4) If the Welsh Ministers by order so provide with respect to remuneration in respect of such pharmaceutical services or such local pharmaceutical services as may be specified in the order--

(a) an NHS trust determined in accordance with the order has the function of paying sums so determined to a Local Health Board so determined in respect of the whole or any part of that remuneration, and

(b) subsection (3) does not apply with respect to the whole or that part of the remuneration.

181 Payments for certain medical examinations

(1) Where a medical practitioner carries out a medical examination of any person with a view to an application for his admission to hospital for assessment or treatment being made under Part 2 of the Mental Health Act 1983 (c. 20) the Welsh Ministers must pay to that medical practitioner--

(a) reasonable remuneration in respect of that examination and in respect of any recommendation or report made by him with regard to the person examined, and

(b) the amount of any expenses reasonably incurred by him in connection with the examination or the making of any such recommendation or report.

(2) No payment may be made under this section to a medical practitioner--

(a) in respect of an examination carried out in the provision of primary medical services for that person, or

(b) in respect of an examination carried out or any recommendation or report made as part of his duty as an officer of a Primary Care Trust, NHS trust, Special Health Authority, NHS foundation trust or Local Health Board.

(3) This section applies only in a case where it is intended, when the medical examination of the person in question is carried out, that if he is admitted to hospital in pursuance of an application mentioned in subsection (1), the whole cost of his maintenance and treatment will be defrayed out of moneys provided by Parliament.

Part 12 Public involvement and scrutiny

Chapter 1 Community Health Councils

182 Community Health Councils

(1) The Community Health Councils established for areas in Wales continue in existence.

(2) But the Welsh Ministers may by order--

(a) provide for Community Health Councils to be known by a different name,

(b) vary the area in Wales for which a Community Health Council is established,

(d) establish a new Community Health Council for an area in Wales.

(3) The Welsh Ministers must act under this section to ensure--

(a) that the areas for which Community Health Councils are at any time established together comprise the whole of Wales,

(b) that no part of an area for which a Community Health Council is established is separated from the rest of it by a territory not included in the area.

(4) Schedule 10 makes further provision about Community Health Councils continued in existence or established under this section.

Chapter 2 Public involvement and consultation

183 Public involvement and consultation

(1) Each Local Health Board must make arrangements with a view to securing, as respects health services for which it is responsible, that persons to whom those services are being or may be provided are, directly or through representatives, involved in and consulted on--

(a) the planning of the provision of those services,

(b) the development and consideration of proposals for changes in the way those services are provided, and

(2) For the purposes of this section a Local Health Board is responsible for health services--

(a) if it provides or will provide those services to individuals, or

(b) if another person provides, or will provide, those services to individuals--

(i) at the Local Health Board's direction,

(ii) on its behalf, or

(iii) in accordance with an agreement or arrangements made by the Local Health Board with that other person,

and references in this section to the provision of services include references to the provision of services jointly with another person.

Chapter 3 Overview and scrutiny committees

184 Functions of overview and scrutiny committees

(1) This section applies to any local authority, except that it applies to the council of a district only where the district is comprised in an area for which there is no county council.

(2) Regulations may, in relation to an overview and scrutiny committee of an authority to which this section applies, make provision--

(a) as to matters relating to the health service in the authority's area which the committee may review and scrutinise,

(b) as to matters relating to the health service in the authority's area on which the committee may make reports and recommendations to local NHS bodies, the Welsh Ministers or the Independent Regulator of NHS Foundation Trusts,

(c) as to matters on which local NHS bodies must consult the committee in accordance with the regulations (including provision as to circumstances in which the Welsh Ministers or the Independent Regulator of NHS Foundation Trusts may require consultation on those matters in accordance with the regulations),

(d) as to information which local NHS bodies must provide to the committee,

(e) as to information which may not be disclosed by a local NHS body to the committee,

(f) requiring any officer of a local NHS body to attend before the committee to answer questions.

(3) For the purposes of subsection (2), "local NHS body", in relation to an overview and scrutiny committee, means an NHS body other than a Special Health Authority which is prescribed for those purposes in relation to the committee.

(4) "The health service" includes services provided in pursuance of arrangements under regulations under section 33 in relation to the exercise of health-related functions of a local authority.

185 Joint overview and scrutiny committees etc

(1) In this section, "relevant functions"--

(a) in relation to a local authority operating executive arrangements under Part 2 of the Local Government Act 2000 (c. 22) ("the 2000 Act"), are functions which are, or, but for regulations under this section, would be, exercisable under section 21(2)(f) of that Act by an overview and scrutiny committee of that authority, and

(b) in relation to a local authority operating alternative arrangements under that Part, are any corresponding functions which are, or, but for regulations under this section, would be, exercisable by a committee of the authority falling within paragraph (b) of section 32(1) of that Act,

and references to an overview and scrutiny committee include references to a committee falling within that paragraph.

(2) Regulations may make provision under which--

(a) two or more local authorities may appoint a joint committee of those authorities (a "joint overview and scrutiny committee") and arrange for relevant functions in relation to any (or all) of those authorities to be exercisable by the committee,

(b) a local authority may arrange for relevant functions in relation to that authority to be exercisable by an overview and scrutiny committee of another local authority,

(c) a county council for any area may arrange for one or more of the members of an overview and scrutiny committee of the council for a district comprised in that area to be appointed as--

(i) a member of an overview and scrutiny committee of the county council or another local authority, for the purposes of relevant functions of the committee in relation to the county council, or

(ii) a member of an overview and scrutiny committee of the county council, for the purposes of relevant functions of the committee in relation to another local authority.

(3) The regulations may in particular--

(a) provide for arrangements to be made only in specified circumstances, or subject to specified conditions or limitations,

(b) in relation to joint overview and scrutiny committees, make provision applying, or corresponding to, any provision of--

(i) section 21(4) and (6) to (15) of the 2000 Act, or

(ii) section 186 of, and Schedule 11 to, this Act, and Schedule 17 to the National Health Service Act 2006 (c. 41),

with or without modifications.

(4) The regulations may require, or enable the Welsh Ministers to direct, a local authority--

(a) to make arrangements of any description within subsection (2), and

(b) to comply with such requirements in connection with the arrangements as may be specified in the regulations or as the Welsh Ministers may direct.

(5) In section 184(2) and (3), references to an overview and scrutiny committee include references to a joint overview and scrutiny committee.

(6) In subsection (2)(c), references to an overview and scrutiny committee of a county council include references to a joint overview and scrutiny committee of the council and another local authority.

(7) Section 21(4) of the 2000 Act does not apply to the discharge of functions by virtue of arrangements under regulations under subsection (2).

(8) Section 21(10) of the 2000 Act does not apply to persons who are members of an overview and scrutiny committee by virtue of arrangements under regulations under subsection (2)(c).

(9) "Local authority" does not include the Common Council of the City of London.

186 Overview and scrutiny committees: exempt information

(1) This section applies in relation to any item of business at a meeting of an overview and scrutiny committee which is an item relating to functions of the committee under section 21(2)(f) of the Local Government Act 2000 (c. 22).

(2) In relation to any such item, information is exempt information for the purposes of section 100A(4) of the Local Government Act 1972 (c. 70) (exclusion of public from meetings to prevent disclosure of exempt information) if it falls within any of the descriptions of information specified in Schedule 11, or in Schedule 17 to the National Health Service Act 2006.

(3) The Welsh Ministers may by order vary Schedule 11--

(a) by adding any description or other provision in connection with a relevant body or services provided by, or under arrangements made by, a relevant body, or

(b) by deleting or varying any description or other provision specified or contained in that Schedule.

(4) The Welsh Ministers may exercise the power conferred by subsection (3) by amending any Part of Schedule 11, with or without amendment of any other Part.

(5) In this section and Schedule 11 "relevant body" means a body in respect of which overview and scrutiny committees exercise functions under regulations under section 184.

Part 13 Miscellaneous

Independent advocacy services

187 Independent advocacy services

(1) The Welsh Ministers must arrange, to such extent as they consider necessary to meet all reasonable requirements, for the provision of independent advocacy services.

(2) "Independent advocacy services" are services providing assistance (by way of representation or otherwise) to individuals making or intending to make--

(a) a complaint under a procedure operated by a health service body or independent provider,

(b) a complaint under section 113(1) or (2) of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43),

(d) a complaint of a prescribed description which relates to the provision of services as part of the health service and--

(i) is made under a procedure of a prescribed description, or

(ii) gives rise, or may give rise, to proceedings of a prescribed description.

(3) In subsection (2)--

"health service body" means--
(a)
in relation to England, a body which, under section 2(1) of the Health Service Commissioners Act 1993 (c. 46), is subject to investigation by the Health Service Commissioner for England,
(b)
in relation to Wales, a Welsh health service body (within the meaning of the Public Services Ombudsman (Wales) Act 2005 (c. 10)),
"independent provider" means--
(a)
in relation to England, a person who, under section 2B(1) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England,
(b)
in relation to Wales, a person who is an independent provider in Wales (within the meaning of the Public Services Ombudsman (Wales) Act 2005.

(4) The Welsh Ministers may make such other arrangements as they consider appropriate for the provision of assistance to individuals in connection with complaints relating to the provision of services as part of the health service.

(5) In making arrangements under this section the Welsh Ministers must have regard to the principle that the provision of services under the arrangements should, so far as practicable, be independent of any person who is--

(a) the subject of a relevant complaint, or

(b) involved in investigating or adjudicating on such a complaint.

(6) The Welsh Ministers may make payments to any person in pursuance of arrangements under this section.

Joint working with the prison service

188 Joint working with the prison service

(1) The Welsh Ministers may by regulations make provision for or in connection with enabling prescribed NHS bodies (on the one hand) and the prison service (on the other) to enter into prescribed arrangements in relation to the exercise of--

(a) prescribed functions of the NHS bodies, and

(b) prescribed health-related functions of the prison service,

if the arrangements are likely to lead to an improvement in the way in which those functions are exercised in relation to securing and maintaining the health of prisoners.

(2) The arrangements which may be prescribed include arrangements--

(a) for or in connection with the establishment and maintenance of a fund--

(i) which is made up of contributions by one or more NHS bodies and by the prison service, and

(ii) out of which payments may be made towards expenditure incurred in the exercise of both prescribed functions of the NHS body or bodies and prescribed health-related functions of the prison service,

(b) for or in connection with the exercise by an NHS body on behalf of the prison service of prescribed health-related functions of the prison service in conjunction with the exercise by the NHS body of prescribed functions of the NHS body,

(c) for or in connection with the exercise by the prison service on behalf of an NHS body of prescribed functions of the NHS body in conjunction with the exercise by the prison service of prescribed health-related functions of the prison service,

(d) as to the provision of staff, goods or services in connection with any arrangements mentioned in paragraph (a), (b) or (c),

(e) as to the making of payments by the prison service to an NHS body in connection with any arrangements mentioned in paragraph (b),

(f) as to the making of payments by an NHS body to the prison service in connection with any arrangements mentioned in paragraph (c).

(3) Any arrangements made by virtue of this section do not affect the liability of NHS bodies, or of the prison service, for the exercise of any of their functions.

(4) "The prison service" means the Minister of the Crown exercising functions in relation to prisons (within the meaning of the Prison Act 1952 (c. 52)); and "Minister of the Crown" has the same meaning as in the Ministers of the Crown Act 1975.

Advisory committees

189 Welsh Ministers' standing advisory committees

(1) The Welsh Ministers may by order establish standing advisory committees for the purpose of advising them on such of the services provided under this Act as may be specified in the order.

(2) A standing advisory committee consists of persons appointed by the Welsh Ministers after consultation with such representative organisations as they recognise for the purpose.

(3) A standing advisory committee must advise the Welsh Ministers--

(a) on such matters relating to the services with which the committee is concerned as it considers appropriate, and

(b) on any questions referred to it by the Welsh Ministers relating to those services.

(4) Schedule 13 makes further provision about standing advisory committees.

190 Advisory committees for Wales

(1) Where the Welsh Ministers are satisfied that a committee formed for Wales is representative of any category of persons mentioned in subsection (2), they must recognise the committee.

(2) The categories are--

(a) medical practitioners,

(b) dental practitioners,

(d) registered pharmacists, or

(e) optometrists.

(3) A committee recognised under this section is called the Welsh Medical Committee, the Welsh Dental Committee, the Welsh Nursing and Midwifery Committee, the Welsh Pharmaceutical Committee or the Welsh Optical Committee.

(4) The duty of the Welsh Ministers under subsection (1) is subject to paragraph 1 of Schedule 14.

(5) Schedule 14 to this Act makes further provision about committees recognised under this section.

Emergency powers

191 Emergency powers

(1) The Welsh Ministers may give directions under this section if they consider that by reason of an emergency it is necessary to do so in order to ensure that a service falling to be provided under or by virtue of this Act is provided.

(2) Directions under this section may direct that, during the period specified by the directions, a function conferred on any body or person under or by virtue of this Act is to the exclusion of or concurrently with that body or person to be performed by another body or person.

(3) The powers conferred on the Welsh Ministers by this section are in addition to any other powers exercisable by the Welsh Ministers.

Local social services authorities

192 Local social service authorities

(1) Subject to paragraphs (d) and (e) of section 3(1), the services described in Schedule 15 in relation to--

(a) care of mothers,

(b) prevention, care and after-care,

are functions exercisable by local social services authorities.

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