|
| |
| |
A | |
Bill | |
To | |
Make provision about Community Health Councils in Wales; to establish and | |
make provision about the Wales Centre for Health; and to make provision for | |
the establishment of, and otherwise about, Health Professions Wales. | |
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and | |
consent of the Lords Spiritual and Temporal, and Commons, in this present | |
Parliament assembled, and by the authority of the same, as follows:— | |
Community Health Councils | |
1 Community Health Councils in Wales | |
(1) After section 20 of the National Health Service Act 1977 (c. 49) insert— | |
“20A Community Health Councils in Wales | |
(1) The Community Health Councils established for areas or parts of areas | 5 |
of Health Authorities in Wales are to continue in existence. | |
(2) But the National Assembly for Wales may by order— | |
(a) provide for the Councils to be known by a different name; | |
(b) abolish a Council, alter the district in Wales for which a Council | |
is established, or provide for the establishment of a new Council | 10 |
for a district in Wales. | |
(3) In making an order the Assembly must ensure— | |
(a) that every part of Wales is included in the district of a Council; | |
(b) that no part of a district is separated from the rest of it by a | |
territory not included in the district. | 15 |
(4) Schedule 7A to this Act makes further provision about Councils | |
continued in existence or established under this section.”. | |
(2) In section 126 of that Act, after subsection (4) insert— | |
“(4A) Supplementary, incidental, consequential, transitory, transitional or | |
saving provision made by virtue of subsection (4) above in connection | 20 |
| |
| |
| |
|
| |
| |
with an order under section 20A above, or regulations under Schedule | |
7A to this Act, may include provision amending or repealing any | |
provision made by or under an enactment.”. | |
(3) After Schedule 7 to that Act insert, as Schedule 7A, the Schedule set out in | |
Schedule 1 to this Act. | 5 |
(4) Section 20 of, and Schedule 7 to, that Act are omitted. | |
Wales Centre for Health | |
2 Wales Centre for Health | |
(1) There is to be a body corporate to be known as the Wales Centre for Health or | |
Canolfan Iechyd Cymru. | 10 |
(2) The Centre is to consist of such number of members appointed by the National | |
Assembly for Wales as the Assembly may determine. | |
(3) The Assembly is to appoint one of the members of the Centre as its chairman. | |
(4) The Assembly may make payments to the Centre of such amounts, at such | |
times and on such conditions (if any) as it considers appropriate. | 15 |
(5) Further provision about the Centre is in Schedule 2. | |
3 Functions of the Centre | |
(1) The Wales Centre for Health must— | |
(a) develop and maintain arrangements for making information about | |
matters related to the protection and improvement of health in Wales | 20 |
available to the public in Wales; | |
(b) undertake and commission research into such matters; | |
(c) contribute to the provision and development of training in such | |
matters. | |
(2) The function under subsection (1)(a) must be carried out with a view to | 25 |
ensuring that members of the public in Wales are kept informed about matters | |
which the Centre considers might significantly affect their health. | |
(3) The National Assembly for Wales may by regulations make provision about— | |
(a) functions relating to the protection and improvement of health in | |
Wales which the Centre is to exercise in addition to those conferred by | 30 |
subsection (1); | |
(b) persons, or groups of persons, to whom information and advice are to | |
be given by the Centre; | |
(c) reports which are to be published by the Centre. | |
(4) The Assembly may by order make provision for the transfer to it of any or all | 35 |
of the Centre’s functions. | |
(5) Where an order under subsection (4) makes provision for the transfer of all of | |
the Centre’s functions, the order may include provision for the abolition of the | |
Centre. | |
| |
| |
|
| |
| |
(6) An order under subsection (4) may include provision for the transfer of staff of | |
the Centre and of any property, rights and liabilities to which the Centre is | |
entitled or subject and may in particular— | |
(a) provide for the transfer of any property, rights or liabilities to have | |
effect subject to exceptions or reservations specified in or determined | 5 |
under the order; | |
(b) provide for the creation of interests in, or rights over, property | |
transferred or retained or for the creation of new rights and liabilities | |
between the Centre and the Assembly; | |
(c) provide for the order to have effect in spite of any provisions (of | 10 |
whatever nature) which would prevent or restrict the transfer of the | |
property, rights or liabilities otherwise than by the order. | |
Health Professions Wales | |
4 Health Professions Wales | |
(1) The National Assembly for Wales may by order establish a body corporate, to | 15 |
be known as Health Professions Wales or Proffesiynau Iechyd Cymru (but | |
referred to in this Act as HPW). | |
(2) HPW is to have such functions in relation to health care professions and health | |
care support workers as may be conferred on it under this section. | |
(3) The Assembly may by order provide for HPW to carry out functions on behalf | 20 |
of the Assembly. | |
(4) The Assembly may by order make provision enabling HPW to— | |
(a) enter into arrangements with the Health Professions Council for | |
carrying out functions on behalf of that Council in relation to Wales; | |
(b) enter into arrangements with the Nursing and Midwifery Council for | 25 |
carrying out functions on behalf of that Council in relation to Wales; | |
(c) enter into arrangements with any other body for carrying out functions | |
on behalf of that body in relation to Wales; | |
(d) carry out any such arrangements. | |
(5) The reference in subsection (3) to functions of the Assembly does not include a | 30 |
reference to the function of making, confirming or approving subordinate | |
legislation (within the meaning of the Interpretation Act 1978 (c. 30)). | |
(6) The carrying out of functions by HPW on behalf of the Assembly or any other | |
body does not affect the responsibility of the Assembly or the body concerned. | |
(7) The Assembly may by order make provision about the constitution of HPW | 35 |
(and may in particular make provision similar to that made by Schedule 2). | |
(8) “Health care profession” means a profession (whether or not regulated by | |
virtue of any enactment) which is concerned (wholly or partly) with the | |
physical or mental health of individuals. | |
(9) “Health care support worker” means a person employed to provide support | 40 |
for one or more members of a health care profession. | |
| |
| |
|
| |
| |
5 Further provision about HPW | |
(1) The Assembly may by order provide for HPW to charge for any services which | |
it provides in discharging any function. | |
(2) The Assembly may by order provide for the transfer to HPW, for the purpose | |
of enabling or assisting it to carry out functions on behalf of the Assembly, of— | 5 |
(a) property, rights and liabilities; | |
(b) persons employed in connection with any of those functions. | |
(3) The Assembly may make payments to HPW of such amounts, at such times | |
and on such conditions (if any) as it considers appropriate. | |
(4) The Assembly may give HPW directions— | 10 |
(a) as to the appointment of staff (including any conditions to be fulfilled | |
for appointment); | |
(b) as to the terms and conditions of employment of staff (including | |
provision about the payment of pensions, allowances or gratuities and | |
the payment of compensation for loss of employment); | 15 |
(c) as to the application of any sums received by HPW under subsection | |
(3). | |
(5) A direction under subsection (4) must be given in writing. | |
(6) HPW must comply with any direction given by the Assembly under subsection | |
(4). | 20 |
(7) The Assembly may by order make provision about the accounts or audit of | |
HPW (and may in particular make provision similar to that made by Schedule | |
2). | |
(8) The Assembly may by order abolish HPW. | |
(9) The Assembly may by order provide for the transfer of staff of HPW and of any | 25 |
property, rights and liabilities to which HPW is entitled or subject. | |
(10) An order under subsection (2) or (9) may in particular— | |
(a) provide for the transfer of any property, rights or liabilities to have | |
effect subject to exceptions or reservations specified in or determined | |
under the order; | 30 |
(b) provide for the creation of interests in, or rights over, property | |
transferred or retained or for the creation of new rights and liabilities | |
between the transferor and the transferee; | |
(c) provide for the order to have effect in spite of any provisions (of | |
whatever nature) which would prevent or restrict the transfer of the | 35 |
property, rights or liabilities otherwise than by the order. | |
Supplementary and general provisions | |
6 Powers of National Assembly for Wales under amended Acts | |
(1) In Schedule 1 to the National Assembly for Wales (Transfer of Functions) | |
Order 1999 (S.I. 1999/672), any reference to an Act which is amended by this | 40 |
Act is (as from the time when the Act is so amended) to be treated as a reference | |
to the Act as amended by this Act. | |
| |
| |
|
| |
| |
(2) Subsection (1) does not affect the power to make further Orders varying or | |
omitting any such reference in that Schedule. | |
7 Minor and consequential amendments and repeals | |
(1) Schedule 3 contains minor and consequential amendments. | |
(2) The enactments specified in Schedule 4 are repealed to the extent specified. | 5 |
8 Orders and regulations | |
(1) A power to make regulations or an order under this Act is exercisable by | |
statutory instrument. | |
(2) Regulations or an order under this Act may make different provision for | |
different purposes or for different cases. | 10 |
(3) Regulations or an order under this Act may make— | |
(a) any appropriate consequential, incidental or supplementary provision; | |
or | |
(b) any appropriate transitory, transitional or saving provision, | |
including provision amending or repealing any provision made by or under an | 15 |
enactment. | |
9 Financial provision | |
There shall be paid out of money provided by Parliament any increase attributable to | |
this Act in the sums payable by virtue of any other Act out of money so provided. | |
10 Short title, commencement and extent | 20 |
(1) This Act may be cited as the Health (Wales) Act 2003. | |
(2) This Act (apart from this section, section 8 and section 9) comes into force on | |
such day as the National Assembly for Wales may by order appoint. | |
(3) Different days may be appointed for different purposes. | |
(4) Sections 1 to 5 (including Schedules 1 and 2) extend to England and Wales only. | 25 |
(5) The extent of any amendment or repeal made by this Act is the same as that of | |
the enactment amended or repealed. | |
| |
| |
|
