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

(The document as of February, 2008)

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(2) The Welsh Ministers must prepare summarised accounts relating to such bodies in respect of each financial year.

(3) Sub-paragraph (2) is subject to paragraphs 6(3) and 7(2).

(4) The summarised accounts must be prepared in such form as the Treasury may direct.

(5) The Welsh Ministers must transmit the summarised accounts to the Auditor General for Wales not later than the end of the month of November following the financial year to which they relate.

(6) The Auditor General for Wales must --

(a) examine and certify the summarised accounts, and

(b) send copies of them and his report on them to the Welsh Ministers.

(7) This paragraph has effect subject to any provision made under section 14(1) of the Government Resources and Accounts Act 2000 (c. 20) (power to disapply this paragraph in relation to specified bodies and years).

Exceptions for accounts of charitable trusts

6 (1) For the purposes of this paragraph a "relevant charitable trust", in relation to an NHS body, means a charitable trust whose trustee or trustees is or are that body.

(2) Nothing in paragraph 2, so far as it applies to an NHS body of any description, has effect in relation to accounts relating to a relevant charitable trust.

(3) Nothing in paragraph 3 or 5, so far as it applies to an NHS body of any description, requires any annual or summarised accounts prepared by or in relation to the body to include matters relating to a relevant charitable trust.

Exceptions for accounts of non-charitable trusts

7 (1) For the purposes of this paragraph a "relevant non-charitable trust", in relation to an NHS body, means a trust which is not a charitable trust and whose trustee or trustees is or are that body.

(2) Nothing in paragraph 5, so far as it applies to an NHS body of any description, requires any summarised accounts prepared in relation to the body to include matters relating to a relevant non-charitable trust.

Section 182

SCHEDULE 10 Further provision about Community Health Councils

1 Each Community Health Council must --

(a) represent the interests in the health service of the public in its district, and

(b) perform such other functions as may be conferred on it by regulations under paragraph 2.

2 Regulations may make provision about--

(a) the membership of Councils (including the election by members of a Council of a member to chair the Council),

(b) the proceedings of Councils,

(d) the discharge of any function of a Council by a committee of the Council or by a joint committee appointed with another Council,

(e) the appointment, as members of a committee or joint committee, of persons who are not members of the Council or Councils concerned,

(f) the consultation of Councils by Local Health Boards, Strategic Health Authorities, Primary Care Trusts and NHS trusts with respect to such matters, and on such occasions, as may be prescribed,

(g) the consideration by Councils of matters relating to the operation of the health service within their districts, and the giving of advice by Councils to Local Health Boards and NHS trusts on such matters,

(h) the preparation and publication of reports by Councils,

(i) matters to be included in any such report,

(j) the furnishing and publication by Local Health Boards and NHS trusts of comments on reports of Councils,

(k) the provision of information (including descriptions of information which are or are not to be provided) to Councils by Local Health Boards, Strategic Health Authorities, Primary Care Trusts or NHS trusts,

(l) the provision of information (including descriptions of information which are or are not to be provided) by Councils to other persons (including other Councils),

(m) the provision by Councils on behalf of the Welsh Ministers of the independent advocacy services required to be provided under section 187,

(n) the functions to be exercised by Councils in addition to those exercisable otherwise than by virtue of this Schedule.

3 (1) The Welsh Ministers may make regulations requiring--

(a) Local Health Boards,

(b) Strategic Health Authorities,

(d) NHS trusts,

(e) local authorities,

(f) persons providing primary medical services, primary dental services or pharmaceutical services under this Act or the National Health Service Act 2006 (c. 41),

(g) persons providing general ophthalmic services under this Act, or

(h) persons providing piloted services (within the meaning of section 92(7) of this Act or section 134(7) of the National Health Service Act 2006 (c. 41)) or LP services (within the meaning of paragraph 1(7) of Schedule 7 to this Act or paragraph 1(7) of Schedule 12 to that Act),

to allow members of a Council authorised by or under the regulations to enter and inspect, for the purposes of any of the Council's functions, premises owned or controlled by those referred to in paragraphs (a) to (h).

(2) The Welsh Ministers may also make regulations requiring any other person who owns or controls premises where services are provided as mentioned in sub-paragraph (1)(f), (g) or (h) to allow members of a Council authorised by or under the regulations to enter and inspect the premises for the purposes of any of the Council's functions.

(3) The regulations may in particular make provision as to--

(a) cases and circumstances in which access must be permitted,

(b) limitations or conditions to which access must be subject.

4 The Welsh Ministers may by regulations--

(a) provide for the establishment of a body--

(i) to advise Councils with respect to the performance of their functions, and to assist Councils in the performance of their functions, and

(ii) to perform such other functions as may be prescribed, and

(b) provide for the membership, proceedings, staff, premises and expenses of that body.

5 The Welsh Ministers may pay to members of Councils and any body established under paragraph 4 such travelling and other allowances (including compensation for loss of remunerative time) as the Welsh Ministers may determine.

Section 186

SCHEDULE 11 Exempt information relating to health services

Part 1 Descriptions of exempt information

1 Information relating to a particular employee, former employee or applicant to become an employee of, or a particular office-holder, former office-holder or applicant to become an office-holder under, a relevant body.

2 Information relating to any particular occupier or former occupier of, or applicant for, accommodation provided by or at the expense of a relevant body.

3 Information relating to any particular applicant for, or recipient or former recipient of, any service provided by a relevant body.

4 Information relating to any particular applicant for, or recipient or former recipient of, any financial assistance provided by a relevant body.

5 The amount of any expenditure proposed to be incurred by a relevant body under any particular contract for the acquisition of property or the supply of goods and services.

6 Any terms proposed or to be proposed by or to a relevant body in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

7 The identity of a relevant body (as well as of any other person, by virtue of paragraph 6) as the person offering any particular tender for a contract for the supply of goods or services.

8 Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between a relevant body or a Minister of the Crown and employees of, or office-holders under, a relevant body.

9 Any instructions to counsel and any opinion of counsel (whether or not in connection with any proceedings) and any advice received, information obtained or action to be taken in connection with--

(a) any legal proceedings by or against a relevant body, or

(b) the determination of any matter affecting a relevant body,

(whether, in either case, proceedings have been commenced or are in contemplation).

10 Information relating to a particular person who was included in a list of persons undertaking to provide services under Part 2 of the National Health Service Act 1977 (c. 49).

11 Information relating to a particular person who is, or was formerly, included in, or is an applicant for inclusion in--

(a) a pharmaceutical list or an ophthalmic list, or

(b) a pharmaceutical list under the National Health Service Act 2006 (c. 41).

12 Information relating to a particular person who--

(a) provided primary medical services, primary dental services or primary ophthalmic services under a contract under section 28K, 28Q or 28WA of the National Health Service Act 1977, or

(b) was included in a list under section 28X of that Act.

13 (1) Information relating to a particular person who--

(a) is, or was formerly, providing primary medical services or primary dental services under a contract under section 42 or 57,

(b) is, or was formerly, providing primary ophthalmic services under a contract under section 117 of the National Health Service Act 2006, or

(2) In this paragraph--

(a) references to primary medical services and primary dental services include such services provided under the National Health Service Act 2006, and

(b) references to provisions of this Act include references to corresponding provisions of that Act (including in particular in sub-paragraph (1)(c) a reference to a list under section 123 or section 146 of that Act).

14 Information relating to any particular employee, former employee, or applicant to become an employee, of a person referred to in paragraph 10, 11, 12 or 13.

15 Information relating to the physical or mental health of a particular individual.

Part 2 Qualifications

16 Information relating to a person of a description specified in any of paragraphs 1 to 4 and 10 to 14 of Part 1 is not exempt information by virtue of that paragraph unless it relates to an individual of that description in the capacity indicated by the description.

17 Information falling within paragraph 5 of Part 1 is exempt information if and so long as disclosure to the public of the amount there referred to would be likely to give an advantage to a person entering into, or seeking to enter into, a contract with a relevant body in respect of the property, goods or services, whether the advantage would arise as against that body or as against other such persons.

18 Information falling within paragraph 6 of Part 1 is exempt information if and so long as disclosure to the public of the terms would prejudice a relevant body in those or any other negotiations concerning the property or goods or services.

19 Information falling within paragraph 8 of Part 1 is exempt information if and so long as disclosure to the public of the information would prejudice a relevant body in those or any other consultations or negotiations in connection with a labour relations matter arising as mentioned in that paragraph.

Part 3 Interpretation

20 In this Schedule--

"disposal", in relation to property, includes the granting of an interest in or right over it,
"employee" means a person employed under a contract of service,
"labour relations matter" means--
(a)
any of the matters specified in paragraphs (a) to (g) of section 178(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) (matters which may be the subject of a collective agreement), or
(b)
any dispute about a matter falling within paragraph (a),

and for the purposes of this definition the enactments mentioned in paragraph (a), with the necessary modifications, apply in relation to office-holders under a relevant body as they apply in relation to employees of a relevant body,
"office-holder", in relation to a relevant body, means the holder of any paid office appointments to which are or may be made or confirmed by the body or by any person who holds any such office or is an employee of the body.

Section 33

SCHEDULE 12 Section 33 arrangements: transfer of staff

Application of Schedule

1 This Schedule applies where, under any arrangements under regulations under section 33, any functions of a body ("the transferor") will be exercised by another body ("the transferee").

Orders transferring staff

2 (1) The Welsh Ministers may by order transfer to the transferee any specified description of employees of the transferor.

(2) An order may be made under this paragraph only if any prescribed requirements about consultation have been complied with in relation to each of the employees to be transferred.

Effect of order on contracts of employment

3 (1) The contract of employment of an employee transferred by an order under paragraph 2--

(a) is not terminated by the transfer, and

(b) has effect from the date of the transfer as if originally made between the employee and the transferee.

(2) In particular--

(a) all the rights, powers, duties and liabilities of the transferor under or in connection with the employee's contract of employment are by virtue of this sub-paragraph transferred to the transferee, and

(b) anything done before the date of the transfer by or in relation to the transferor in respect of the employee or his contract of employment is deemed from that date to have been done by or in relation to the transferee.

(3) Sub-paragraphs (1) and (2) do not transfer an employee's contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if he informs the transferor or the transferee that he objects to the transfer.

(4) Where an employee objects as mentioned in sub-paragraph (3), his contract of employment with the transferor is terminated immediately before the date on which the transfer would occur; but he must not be treated, for any purpose, as having been dismissed by that body.

(5) This paragraph does not affect any right of an employee transferred by an order under paragraph 2 to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right arises by reason only that, under this paragraph, the identity of his employer changes unless the employee shows that, in all the circumstances, the change is a significant change and is to his detriment.

Effect of order on pension rights

4 (1) An order under paragraph 2 may provide that, in the case of an employee of any specified description who is transferred by the order, paragraph 3 does not apply in relation to--

(a) so much of the employee's contract of employment as relates to relevant pension provisions, or

(b) any rights, powers, duties or liabilities under or in connection with that contract, or otherwise arising in connection with the employee's employment, and relating to such provisions.

(2) If an order under paragraph 2 provides as mentioned in sub-paragraph (1), the order may in relation to any such employee make such provision (if any) as the Welsh Ministers consider appropriate with respect to all or any of the matters mentioned in paragraphs (a) and (b) of that sub-paragraph.

(3) The provision which may be made by virtue of sub-paragraph (2) includes provision--

(a) for any such employee's contract of employment with the transferee to have effect with any specified modifications,

(b) for relevant pension provisions of any specified description to have effect in the case of any such employee with any such modifications.

(4) In this paragraph "relevant pension provisions" means the provisions of an occupational pension scheme within the meaning of the Pension Schemes Act 1993 (c. 48), with the exception (if the order under paragraph 2 so provides) of any provisions of such a scheme falling within a description specified in the order.

Divided employments

5 (1) Where an employee will be transferred by an order under paragraph 2 but will continue to be employed for certain purposes by the transferor, the order may provide that the contract of employment of the employee is, on the date on which the employee is transferred, divided so as to constitute two separate contracts of employment between the employee and the transferor and between the employee and the transferee.

(2) Where an employee's contract of employment is divided as provided under sub-paragraph (1)--

(a) the order must provide for paragraph 3 to have effect in the case of the employee and his contract of employment subject to appropriate modifications, and

(b) paragraph 4 similarly applies only so far as appropriate in connection with the employee's employment by the transferee.

Section 189

SCHEDULE 13 Further provision about standing advisory committees

1 Regulations may make provision with respect to--

(a) the appointment,

(b) the tenure of office, and

of the members of any standing advisory committee.

2 The Welsh Ministers must appoint a secretary to each standing advisory committee.

3 Each standing advisory committee may appoint such sub-committees as it considers appropriate, and as are approved by the Welsh Ministers, to consider and report on questions referred to it by the standing advisory committee.

4 Any such sub-committee may include persons who are not members of the standing advisory committee.

5 Each standing advisory committee must elect one of the members of the committee to be chairman of the committee.

6 Each standing advisory committee has power to regulate its own procedure.

7 The proceedings of a standing advisory committee are not invalidated by any vacancy in the membership of the committee, or by any defect in a member's appointment or qualification.

8 The Welsh Ministers may make such payments in respect of expenses incurred by a standing advisory committee as they may determine.

9 The Welsh Ministers may pay to the members of a standing advisory committee, or a sub-committee of a standing advisory committee, such travelling and other allowances, including compensation for loss of remunerative time, as they may determine.

10 Payments under this Schedule are subject to such conditions as to records, certificates, or otherwise as the Welsh Ministers may determine.

Section 190

SCHEDULE 14 Further provision about advisory committees for Wales

1 (1) Sub-paragraph (2) applies where the Welsh Ministers are satisfied that a committee formed for Wales is representative of--

(a) any category of persons (other than a category mentioned in section 190(2)) who provide services forming part of the health service, or

(b) two or more of any of the categories mentioned in that subsection and paragraph (a).

(2) Where this sub-paragraph applies and the Welsh Ministers are satisfied that it is in the interests of the health service to recognise the committee, the Welsh Ministers must recognise the committee and specify a name for it.

(3) Where a committee recognised under sub-paragraph (2) appears to the Welsh Ministers to represent categories of persons which include a category mentioned in section 190(2), the Welsh Ministers are not required by virtue of that subsection to recognise a committee representing persons of that category.

2 The Welsh Ministers may, by notice in writing served on any member of a committee, withdraw their recognition of the committee if they consider it expedient to do so--

(a) where the committee is recognised under section 190 or paragraph 1(1)(a), with a view to recognising under paragraph 1(1)(b) another committee representing categories of persons which include the category represented by the recognised committee, or

(b) where the committee is recognised under paragraph 1(1)(b), with a view to recognising under section 190 and paragraph 1 other committees which together are representative of the categories in question.

3 A committee recognised under section 190 or this Schedule must--

(a) advise the Welsh Ministers on the provision by them of services of a kind provided by the categories of persons of whom the committee is representative, and

(b) perform such other functions as may be prescribed.

4 The Welsh Ministers may defray such expenses incurred by a committee in performing the duty imposed on it by paragraph 3 as the Welsh Ministers consider reasonable, and those expenses may include travelling and other allowances and compensation for loss of remunerative time.

Section 192

SCHEDULE 15 Further provision about local social services authorities

Care of mothers and young children

1 A local social services authority may, with the approval of the Welsh Ministers, and to such extent as they may direct must, make arrangements for the care of pregnant women and women who are breast feeding (other than for the provision of residential accommodation for them).

Prevention, care and after-care

2 (1) A local social services authority may, with the approval of the Welsh Ministers, and to such extent as they may direct must, make the arrangements mentioned in sub-paragraph (2).

(2) The arrangements are for the purpose of the prevention of illness, for the care of persons suffering from illness and for the after-care of persons who have been suffering from illness and in particular for--

(a) the provision, for persons whose care is undertaken with a view to preventing them from becoming ill, persons suffering from illness and persons who have been suffering from illness, of centres or other facilities for training them or keeping them suitably occupied and the equipment and maintenance of such centres,

(b) the provision, for the benefit of such persons as are mentioned in paragraph (a), of ancillary or supplemental services, and

(c) the exercise of the functions of the local social services authority in respect of persons suffering from mental disorder who are received into guardianship under Part 2 or 3 of the Mental Health Act 1983 (c. 20) (whether the guardianship of the authority or of other persons).

(3) A local social services authority may not, and is not under a duty to, make under this paragraph arrangements to provide facilities for any of the purposes mentioned in section 15(1) of the Disabled Persons (Employment) Act 1944 (c. 10).

(4) No arrangements under this paragraph may provide for the payment of money to persons for whose benefit they are made, except in so far as they fall within sub-paragraph (5).

(5) Arrangements fall within this sub-paragraph if--

(a) they provide for the remuneration of such persons engaged in suitable work in accordance with the arrangements of such amounts as the local social services authority considers appropriate in respect of their occasional personal expenses, and

(b) it appears to the authority that no such payment would otherwise be made.

(6) No arrangements under this paragraph may be given effect to in relation to a person to whom section 115 of the Immigration and Asylum Act 1999 (c. 33) (exclusion from benefits) applies solely--

(a) because he is destitute, or

(b) because of the physical effects, or anticipated physical effects, of his being destitute.

(7) Section 95(2) to (7) of that Act apply for the purposes of sub-paragraph (6); and for that purpose a reference to the Secretary of State in section 95(4) or (5) is a reference to a local social services authority.

(8) The Welsh Ministers may make regulations as to the conduct of premises in which facilities are provided in pursuance of arrangements made under this paragraph for persons--

(a) who are or have been suffering from mental disorder within the meaning of the Mental Health Act 1983, or

(b) whose care is undertaken with a view to preventing them from becoming sufferers from mental disorder.

(9) "Facilities" means facilities for training such persons or keeping them suitably occupied.

(10) This paragraph does not apply in relation to persons under the age of 18.

(11) No authority is authorised or may be required under this paragraph to provide residential accommodation for any person.

Research

3 (1) A local social services authority may conduct or assist other persons in conducting research into matters relating to the functions of local social services authorities under this Schedule.

(2) Sub-paragraph (1) does not affect any powers conferred by any other Act.

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