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

(The document as of February, 2008)

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are functions exercisable by local social services authorities.

(2) A local social services authority which provides premises, furniture or equipment for any of the purposes of this Act may permit the use of the premises, furniture or equipment by--

(a) any other local social services authority,

(b) any of the bodies established under this Act, or

(3) The permission may be on such terms (including terms with respect to the services of any staff employed by the authority giving permission) as may be agreed.

(4) A local social services authority may provide (or improve or furnish) residential accommodation for officers--

(a) employed by it for the purposes of any of its functions as a local social services authority, or

(b) employed by a voluntary organisation for the purposes of any services provided under this section and Schedule 15.

(5) In this section and Schedule 15 "equipment" includes any machinery, apparatus or appliance, whether fixed or not, and any vehicle.

Supplies by the Welsh Ministers

193 Supplies not readily obtainable

(1) Where the Welsh Ministers have acquired--

(a) supplies of human blood for the purposes of any service under this Act,

(b) any part of a human body for the purpose of, or in the course of providing, any such service, or

they may arrange to make such supplies or that part available (on such terms, including terms as to charges, as they consider appropriate) to any person.

(2) The Welsh Ministers may exercise the powers conferred by subsection (1) only if, and to the extent that, they are satisfied that anything which they propose to do or allow under those powers--

(a) will not to a significant extent interfere with the performance by them of any duty imposed on them by this Act to provide accommodation or services of any kind, and

(b) will not to a significant extent operate to the disadvantage of persons seeking or afforded admission or access to accommodation or services at health service hospitals (whether as resident or non-resident patients) otherwise than as private patients.

(3) "Health service hospital" includes such a hospital within the meaning of section 275 of the National Health Service Act 2006 (c. 41).

Community services

194 Power of Local Health Boards to make payments towards expenditure on community services

(1) A Local Health Board may make payments to--

(a) a local social services authority towards expenditure incurred or to be incurred by it in connection with any social services functions (within the meaning of the Local Authority Social Services Act 1970 (c. 42)), other than functions under section 3 of the Disabled Persons (Employment) Act 1958 (c. 33),

(b) a district council, or a Welsh county council or county borough council, towards expenditure incurred or to be incurred by it in connection with its functions under Part 2 of Schedule 9 to the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) (meals and recreation for old people),

(c) an authority which is a local education authority for the purposes of the Education Act 1996 (c. 56), towards expenditure incurred or to be incurred by it in connection with its functions under the Education Acts (within the meaning of that Act), in so far as it performs those functions for the benefit of disabled persons,

(d) a local housing authority within the meaning of the Housing Act 1985 (c. 68), towards expenditure incurred or to be incurred by it in connection with its functions under Part 2 of that Act (provision of housing), or

(e) any of the bodies mentioned in subsection (2), in respect of expenditure incurred or to be incurred by it in connection with the provision of housing accommodation.

(2) The bodies are--

(a) a registered social landlord within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act),

(b) the Commission for the New Towns,

(d) an urban development corporation established under the Local Government, Planning and Land Act 1980 (c. 65),

(e) the Housing Corporation.

(3) A Local Health Board may make payments to a local authority towards expenditure incurred or to be incurred by the authority in connection with the performance of any of the authority's functions which, in the opinion of the Local Health Board--

(a) have an effect on the health of any individuals,

(b) have an effect on, or are affected by, any NHS functions, or

(4) "NHS functions" means functions exercised by an NHS body.

(5) A payment under this section may be made in respect of expenditure of a capital or of a revenue nature or in respect of both kinds of expenditure.

(6) The Welsh Ministers may by directions prescribe conditions relating to payments under this section or section 195.

(7) The conditions include, in particular, conditions requiring, in such circumstances as may be specified--

(a) repayment of the whole or part of a payment under this section, or

(b) in respect of property acquired with a payment under this section, payment of an amount representing the whole or part of an increase in the value of the property which has occurred since its acquisition.

(8) No payment may be made under this section in respect of any expenditure unless the conditions relating to it conform with the conditions prescribed under subsection (6) for payments of that description.

(9) "A disabled person" is a person who has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities or who has such other disability as may be prescribed.

195 Payments in respect of voluntary organisations under section 194

(1) This section applies where the expenditure in respect of which a payment under section 194 is proposed to be made is expenditure in connection with services to be provided by a voluntary organisation.

(2) Where this section applies, the Local Health Board may make payments to the voluntary organisation towards the expenditure incurred or to be incurred by the organisation in connection with the provision of those services, instead of or in addition to making payments under section 194(1) or (3).

(3) Where this section applies--

(a) a body falling within any of paragraphs (a) to (d) of section 194(1) which has received payments under the paragraph, and

(b) a local authority which has received payments under section 194(3),

may make out of the sums paid to it payments to the voluntary organisation towards expenditure incurred or to be incurred by the organisation in connection with the provision of those services.

(4) No payment may be made under subsection (2) or (3) except subject to conditions which conform with the conditions prescribed for payments of that description under section 194(6).

196 Power of Welsh Ministers to make payments towards expenditure on community services in Wales

(1) The Welsh Ministers may make payments--

(a) to an authority in Wales of a description mentioned in paragraph (a), (b), (c) or (d) of section 194(2), for the purpose mentioned in the paragraph,

(b) to any body mentioned in subsection (2), in respect of expenditure incurred or to be incurred by the body in connection with the provision of housing accommodation in Wales.

(2) The bodies are--

(a) a registered social landlord within the meaning of the Housing Act 1985 (c. 68) (see section 5(4) and (5) of that Act),

(b) the Commission for the New Towns,

(d) an urban development corporation established under the Local Government, Planning and Land Act 1980 (c. 65).

(3) The Welsh Ministers may make payments to a voluntary organisation towards expenditure incurred or to be incurred by the organisation in connection with the provision of services for which the Welsh Ministers could make payments under subsection (1).

(4) A payment under this section may be made in respect of expenditure of a capital or of a revenue nature or in respect of both kinds of expenditure.

(5) Conditions may be attached to a payment under this section.

(6) The conditions that may be attached include, in particular, conditions requiring, in such circumstances as may be specified--

(a) repayment of the whole or part of a payment under this section, or

Universities

197 University clinical teaching and research

(1) The Welsh Ministers must exercise their functions under this Act so as to secure that there are made available such facilities as they consider are reasonably required by any university which has a medical or dental school, in connection with--

(a) clinical teaching, and

(b) research connected with clinical medicine or clinical dentistry.

(2) Regulations may provide for any functions--

(a) exercisable by a Strategic Health Authority, Primary Care Trust, Special Health Authority or Local Health Board,

(b) in relation to the provision of facilities such as are mentioned in subsection (1),

to be exercisable by the body jointly with one or more NHS body other than an NHS foundation trust.

Use of facilities in private practice

198 Permission for use of facilities in private practice

(1) A person to whom this section applies who wishes to use any relevant health service accommodation or facilities for the purpose of providing medical, dental, pharmaceutical, ophthalmic or chiropody services to non-resident private patients may apply in writing to the Welsh Ministers for permission under this section.

(2) Any application for permission under this section must specify--

(a) which of the relevant health service accommodation or facilities the applicant wishes to use for the purpose of providing services to such patients, and

(b) which of the kinds of services mentioned in subsection (1) he wishes the permission to cover.

(3) On receiving an application under this section the Welsh Ministers--

(a) must consider whether anything for which permission is sought would interfere with the giving of full and proper attention to persons seeking or afforded access otherwise than as private patients to any services provided under this Act, and

(b) must grant the permission applied for unless in the opinion of the Welsh Ministers anything for which permission is sought would so interfere.

(4) Any grant of permission under this section is on such terms (including terms as to the payment of charges for the use of the relevant health service accommodation or facilities pursuant to the permission) as the Welsh Ministers may from time to time determine.

(5) The persons to whom this section applies are--

(a) medical practitioners or optometrists who provide services under Part 6,

(b) medical practitioners, registered pharmacists or other persons who provide services under Chapter 1 of Part 7,

(c) chiropodists who provide services under this Act at premises where services are provided under Part 6 or Chapter 1 of Part 7,

(d) persons providing primary medical services or primary dental services under a general medical services contract or a general dental services contract or in accordance with section 50 arrangements or section 64 arrangements.

(6) "Relevant health service accommodation or facilities", in relation to a person to whom this section applies, means--

(a) any accommodation or facilities available at premises provided by the Welsh Ministers by virtue of this Act, being accommodation or facilities which that person is authorised to use for purposes of this Act, or

(b) in the case of a person to whom this section applies by virtue of subsection (5)(c), accommodation or facilities which that person is authorised to use for purposes of this Act at premises where services are provided under Part 6 or Chapter 1 of Part 7.

Health service development

199 Persons displaced by health service development

(1) Subsection (2) applies--

(a) where the carrying out of a scheme for the provision by the Welsh Ministers in pursuance of this Act of hospital accommodation or other facilities will involve the displacement from any premises of persons living in the premises, and

(b) in so far as it appears to the Welsh Ministers that there is no other residential accommodation suitable for the reasonable requirements of those persons available on reasonable terms.

(2) The Welsh Ministers may make arrangements with one or more of the bodies mentioned in subsection (3) for securing the provision, in advance of the displacement, of residential accommodation which becomes necessary as the carrying out of the scheme proceeds.

(3) The bodies are--

(a) a local housing authority (within the meaning of the Housing Act 1985 (c. 68)),

(b) a housing association or housing trust (within the meaning of the Housing Associations Act 1985 (c. 69)),

(d) the Commission for the New Towns.

(4) Arrangements under subsection (2) may include provision for the making of payments by the Welsh Ministers to the body with whom the arrangements are made.

Registration of information, etc

200 Special notices of births and deaths

(1) The requirements of this section with respect to the notification of births and deaths are in addition to, and not in substitution for, the requirements of any Act relating to the registration of births and deaths.

(2) Each registrar of births and deaths must furnish, to the Local Health Board the area of which includes the whole or part of the registrar's sub-district, such particulars of each birth and death which occurred in the area of the Local Health Board as are entered in a register of births or deaths kept for that sub-district.

(3) Regulations may provide as to the manner in which and the times at which particulars must be furnished under subsection (2).

(4) In the case of each child born--

(a) the child's father, if at the time of the birth he is residing on the premises where the birth takes place, and

(b) any person in attendance upon the mother at the time of, or within six hours after, the birth,

must give notice of the birth to the Local Health Board for the area in which the birth takes place.

(5) Subsection (4) applies to any child which is born after the expiry of the twenty-fourth week of pregnancy whether alive or dead.

(6) Notice under subsection (4) must be given either--

(a) by posting within 36 hours after the birth a prepaid letter or postcard addressed to the Local Health Board at its offices and containing the required information, or

(b) by delivering within that period at the offices of the Local Health Board a written notice containing the required information.

(7) A Local Health Board must, upon application to it, supply without charge to any medical practitioner or midwife residing or practising within its area prepaid addressed envelopes together with the forms of notice.

(8) Any person who fails to give notice of a birth in accordance with subsection (4) is liable on summary conviction to a fine not exceeding level 1 on the standard scale, unless he satisfies the court that he believed, and had reasonable grounds for believing, that notice had been duly given by some other person.

(9) Proceedings in respect of an offence under subsection (8) must not, without the Attorney-General's written consent, be taken by any person other than a party aggrieved or the Local Health Board concerned.

(10) A registrar of births and deaths must, for the purpose of obtaining information concerning births which have occurred in his sub-district, have access at all reasonable times to--

(a) notices of births received by a Local Health Board under this section, or

(b) any book in which those notices may be recorded.

201 Provision of information by Registrar General

(1) The Registrar General may provide to the Welsh Ministers any information to which this section applies.

(2) Any information provided under subsection (1) must be provided in such form as appears to the Registrar General appropriate for the purpose of assisting the Welsh Ministers in the performance of their functions in relation to the health service.

(3) This section applies to any information--

(a) entered in any register kept under the Births and Deaths Registration Act 1953 (c. 20),

(b) entered in the Adopted Children Register maintained by the Registrar General under the Adoption and Children Act 2002 (c. 38), or

(4) "Enactment" includes an enactment contained in subordinate legislation.

Part 14 Supplementary

202 Territorial limit of exercise of functions

The functions of the Welsh Ministers under this Act are exercisable only in relation to Wales.

203 Orders, regulations and directions

(1) This section does not apply to Part 10 (as to which, see section 157).

(2) Subject to subsection (3), any power under this Act to make an order or regulations is exercisable by statutory instrument.

(3) Subsection (2) does not apply to an order under--

(a) section 26(2),

(b) section 159(4),

(d) paragraph 9, 27 or 29 of Schedule 3, or

(e) paragraph 2 of Schedule 12.

(4) Subject to subsections (5) to (7), a statutory instrument made by virtue of this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(5) Subsection (4) does not apply to a statutory instrument containing an order under--

(a) section 18,

(b) Schedule 3, or

(6) A statutory instrument containing an order under section 141(4) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales.

(7) If a statutory instrument made by virtue of this Act, which is subject to annulment in pursuance of a resolution of the National Assembly for Wales--

(a) contains subordinate legislation made by a Minister of the Crown or government department (whether or not jointly with the Welsh Ministers, the First Minister or the Counsel General),

(b) contains subordinate legislation relating to an English border area, or

(c) contains subordinate legislation relating to a cross-border body (and not relating only to the exercise of functions, or the carrying on of activities, by the body in or with respect to Wales or a part of Wales),

the statutory instrument is subject also to annulment in pursuance of a resolution of either House of Parliament.

(8) In subsection (7), "English border area" and "cross-border body" have the meaning given by the Government of Wales Act 2006 (c. 32).

(9) Any power under this Act to make orders, regulations or schemes, and any power to give directions--

(a) may be exercised either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case,

(b) may be exercised so as to make, as respects the cases in relation to which it is exercised--

(i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise),

(ii) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes of this Act,

(iii) any such provision either unconditionally or subject to any specified condition, and

(10) Any such power includes power--

(a) to make such incidental, supplementary, consequential, saving or transitional provision (including, in the case of a power to make an order or regulations, provision amending, repealing or revoking enactments) as the person or body exercising the power considers to be expedient, and

(b) to provide for a person to exercise a discretion in dealing with any matter.

204 Further provision about orders and directions under this Act

(1) Where under or by virtue of any provision of this Act--

(a) an order may be made, or

(b) directions may be given,

that provision includes power to vary or revoke the order or directions by subsequent order or by subsequent directions.

(2) Subsection (1) does not affect section 14(b) of the Interpretation Act 1978 (c. 30).

(3) A direction under this Act by the Welsh Ministers must be given--

(a) (subject to paragraphs (b) and (c)), by an instrument in writing,

(b) in the case of a direction under--

(i) section 12(1)(a),

(ii) section 24 about a function under section 4, 145 or 146, or

(iii) section 147(2),

by regulations,

(i) any other direction under section 12,

(ii) any other direction under section 24, or

(iii) a direction under section 13, 19, 23, 45, 52(4), 60 or 66(4),

by regulations or an instrument in writing.

(4) Subsection (3) does not apply to a direction under section 46 (as to which, see that section).

205 Supplementary regulatory powers

Regulations may provide for--

(a) prescribing the forms and manner of service of notices and other documents,

(b) prescribing the manner in which documents may be executed or proved,

206 Interpretation

(1) In this Act (except where the context otherwise requires)--

"dental practitioner" means a person registered in the dentists register under the Dentists Act 1984 (c. 24),
"facilities" includes the provision of (or the use of) premises, goods, materials, vehicles, plant or apparatus,
"the FHSAA" means the Family Health Services Appeal Authority,
"financial year" means a period of 12 months ending with 31st March in any year,
"functions" includes powers and duties,
"goods" include accommodation,
"the health service" means the health service continued under section 1(1) and under section 1(1) of the National Health Service Act 2006 (c. 41),
"health service hospital" means a hospital vested in the Welsh Ministers for the purposes of their functions under this Act or vested in an NHS trust,
"hospital" means--
(a)
any institution for the reception and treatment of persons suffering from illness,
(b)
any maternity home, and
(c)
any institution for the reception and treatment of persons during convalescence or persons requiring medical rehabilitation,

and includes clinics, dispensaries and out-patient departments maintained in connection with any such home or institution, and "hospital accommodation" must be construed accordingly,
"illness" includes mental disorder within the meaning of the Mental Health Act 1983 (c. 20) and any injury or disability requiring medical or dental treatment or nursing,
"local authority" means a county council, a county borough council, a district council, a London borough council, and the Common Council of the City of London,
"local education authority" has the same meaning as in the Education Act 1996 (c. 56),
"local pharmaceutical services" means such services as are prescribed under section 92(7) or paragraph 1(7) of Schedule 7,
"local social services authority" means the council of a non-metropolitan county, of a county borough or of a metropolitan district or London borough, or the Common Council of the City of London,
"medical" includes surgical,
"medical practitioner" means a registered medical practitioner within the meaning of Schedule 1 to the Interpretation Act 1978 (c. 30),
"medicine" includes such chemical re-agents as are included in a list approved by the Welsh Ministers for the purposes of section 80,
"modifications" includes additions, omissions and amendments,
"NHS trust" includes an NHS trust established under the National Health Service Act 2006,
"officer" includes servant,
"optometrist" means a person registered in the register of optometrists maintained under section 7 of the Opticians Act 1989 (c. 44) or a body corporate registered in the register of bodies corporate maintained under section 9 of that Act carrying on business as an optometrist,
"patient" includes a woman who is pregnant or breast-feeding or who has recently given birth,
"prescribed" means prescribed by regulations made by the Welsh Ministers,
"Primary Care Trust" means a body established under section 18 of the National Health Service Act 2006,
"property" includes rights,
"registered pharmacist" means a pharmacist registered in the register of pharmaceutical chemists,
"regulations" means regulations made by the Welsh Ministers,
"Special Health Authority" includes a Special Health Authority established under the National Health Service Act 2006 (c. 41),
"Strategic Health Authority" means a body established under section 13 of the National Health Service Act 2006,
"university" includes a university college,
"voluntary organisation" means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority.

(2) In this Act (except where the context otherwise requires) any reference to a body established under this Act or the National Health Service Act 2006 (c. 00) includes a reference to a body continued in existence by virtue of this Act or that Act.

(3) Any reference in this Act to the purposes of a hospital is a reference to its general purposes and to any specific purpose.

207 Index of defined expressions

In this Act the following expressions are defined or otherwise explained by the provisions indicated--

body established under this Act	section 206(2)
commissioner, in relation to an NHS contract	section 7(1)
contractor, in relation to a general dental services contract	section 57(4)
contractor, in relation to a general medical services contract	section 42(5)
fraud case	section 107(3)
general dental services contract	section 57(2)
general medical services contract	section 42(2)
general ophthalmic services	section 71(10)
NHS body	section 22(6)
LPS scheme	paragraph 1(2) of Schedule 7
NHS contract	section 7(1)
NHS trust order	section 18(2)
ophthalmic list	section 72(7)
optical appliances	section 128(5)
pharmaceutical list	section 83(11)
pharmaceutical services	section 80(8)
pilot scheme	section 92(2)
practitioner	section 107(9)
primary dental services	section 56
primary medical services	section 41
purposes of a hospital	section 206(3)
provider, in relation to an NHS contract	section 7(1)
relevant dental service	section 125(4)
section 50 arrangements	section 50(7)
section 64 arrangements	section 64(7)
special trustees	section 160(1)
supplementary list	section 105(2)
terms of service	section 104(7)
unsuitability case	section 107(4)

208 Commencement

(1) Subject to this section, this Act comes into force on 1st March 2007.

(2) In this section--

(a) "the 1977 Act" means the National Health Service Act 1977 (c. 49), and

(b) "the 2006 Act" means the Health Act 2006 (c. 28).

(3) Subsection (4) applies to--

(a) subsections (1) and (2) of section 40 of the Health and Social Care Act 2001 (c. 15) and section 28J of, and Schedule 8A to, the 1977 Act as inserted by those subsections (see section 102 of, and Schedule 7 to, this Act),

(b) subsection (7) of section 45 of the Nationality, Immigration and Asylum Act 2002 (c. 41) and paragraph 2(2B) of Schedule 8 to the 1977 Act as substituted by that subsection (see paragraph 2(7) of Schedule 15 to this Act),

(c) paragraph 3 of the Schedule to the Smoking, Health and Social Care (Scotland) Act 2005 (Consequential Modifications) (England, Wales and Northern Ireland) Order 2006 (S.I. 2006/1056) and section 41B(2) and (6)(b) of the 1977 Act as amended by that paragraph (see section 82 of this Act),

(d) sub-paragraphs (a) and (b) of paragraph 5 of that Schedule and section 4A(1) and (3) of the National Health Service and Community Care Act 1990 (c. 19) as amended by those sub-paragraphs (see section 9 of this Act),

(e) sub-paragraph (c) of paragraph 5 of that Schedule and section 4A(4) of the National Health Service and Community Care Act 1990 (c. 19) as added by that sub-paragraph (see section 9 of this Act),

(f) section 34 of the 2006 Act, and section 42B of the 1977 Act as inserted by that section (see section 85 of this Act),

(g) section 35 of the 2006 Act, and subsections (2B) and (2C) of section 42 of the 1977 Act as inserted by that section (see section 83 of this Act),

(h) subsection (1) of section 36 of the 2006 Act, and section 43(2) of the 1977 Act as substituted by that subsection (see section 86 of this Act),

(i) subsection (2) of section 42 of the 2006 Act, and paragraph 2A(1)(b) of Schedule 12 to the 1977 Act as substituted by that subsection (see section 129 of this Act),

(j) sections 44 to 55 of the 2006 Act, and sections 76 to 78 of that Act so far as relating to those sections (see Part 10 of this Act),

(k) section 56 of, and paragraph 24(a) of Schedule 8 to, that Act and--

(i) section 98 of the 1977 Act as substituted by section 56 of that Act, and

(ii) Schedule 12B to the 1977 Act as inserted by that section,

(see section 178 of, and Schedule 9 to, this Act),

(l) paragraphs 7(2) and (3), 29 and 46 of Schedule 8 to, the 2006 Act (which relate to primary ophthalmic services) and--

(i) the 1977 Act,

(ii) section 4A of the National Health Service and Community Care Act 1990, and

(iii) Schedule 1 to the Health and Social Care Act 2001 (c. 15),

to the extent that a provision mentioned in any of sub-paragraphs (i) to (iii), as amended by any of those provisions of the 2006 Act, relates to primary ophthalmic services,

(m) paragraphs 10, 12(b), 13(3) and (4), 14, 18, 19, 21(a) and 24(b) of Schedule 8 to the 2006 Act (which relate to the substitution of "optometrist" for "ophthalmic optician") and any provision of the 1977 Act as amended by such a provision.

(4) To the extent that--

(a) this Act re-enacts a provision to which this subsection applies, and

(b) the provision has not come into force before the commencement of this Act,

the re-enactment by this Act of the provision does not come into force until the provision which is re-enacted comes into force; and the re-enactment comes into force immediately after, and to the extent that, the provision which is re-enacted comes into force.

(5) Accordingly, the re-enactment by this Act of the provision does not affect any power to bring the provision into force.

209 Short title, extent and application

(1) This Act may be cited as the National Health Service (Wales) Act 2006.

(2) This Act extends to England and Wales only.

(3) The Secretary of State may by order provide that this Act, in its application to the Isles of Scilly, has effect with such modifications as may be specified in the order.

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