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Schedules | |
Schedule 1 | |
Section 1 | |
Schedule 7A to be inserted in the National Health Service Act 1977 | |
“Schedule 7A | |
Section 20A | |
Further Provisions about Councils under Section 20A | 5 |
1 It is the duty of a Council— | |
(a) to represent the interests in the health service of the public | |
in its district; and | |
(b) to perform such other functions as may be conferred on it | |
by regulations under paragraph 2. | 10 |
2 The National Assembly for Wales may by regulations 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; | 15 |
(c) the staff, premises and expenses 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 | 20 |
committee, of persons who are not members of the Council | |
or Councils concerned; | |
(f) the consultation of Councils by Health Authorities, Local | |
Health Boards, Strategic Health Authorities, Primary Care | |
Trusts and NHS trusts with respect to such matters, and on | 25 |
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 Health Authorities, | |
Local Health Boards and NHS trusts on such matters; | 30 |
(h) the preparation and publication of reports by Councils; | |
(i) matters to be included in any such report; | |
(j) the furnishing and publication by Health Authorities, | |
Local Health Boards and NHS trusts of comments on | |
reports of Councils; | 35 |
(k) the provision of information (including descriptions of | |
information which are or are not to be provided) to | |
Councils by Health Authorities, Local Health Boards, | |
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(k) 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); | 5 |
(m) the provision by Councils on behalf of the Assembly of the | |
independent advocacy services required to be provided | |
under section 19A of this Act; | |
(n) the functions to be exercised by Councils in addition to | |
those exercisable otherwise by virtue of this Schedule. | 10 |
3 (1) The Assembly may make regulations requiring— | |
(a) Health Authorities; | |
(b) Local Health Boards; | |
(c) Strategic Health Authorities; | |
(d) Primary Care Trusts; | 15 |
(e) local authorities; | |
(f) NHS trusts; | |
(g) persons providing services under Part 2 of this Act or | |
under arrangements under section 28C of this Act; or | |
(h) persons providing piloted services under pilot schemes | 20 |
established under section 28 of the Health and Social Care | |
Act 2001 (c. 15), or providing LP services under an LPS | |
scheme established under Schedule 8A to this Act, | |
to allow members of a Council authorised by or under the | |
regulations to enter and inspect, for the purposes of any of the | 25 |
Council’s functions, premises owned or controlled by those | |
referred to in paragraphs (a) to (h). | |
(2) The Assembly may also make regulations requiring any other | |
person who owns or controls premises where services are | |
provided as mentioned in sub-paragraph (1)(g) or (h) to allow | 30 |
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 is to be permitted; | 35 |
(b) limitations or conditions to which access is to be subject. | |
4 The Assembly 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 | 40 |
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. | 45 |
5 The Assembly 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 it may determine.”. | |
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Schedule 2 | |
Section 2 | |
Wales Centre for Health: Further Provision | |
Status | |
1 The Wales Centre for Health is not to be regarded as the servant or agent of | |
the Crown or as enjoying any status, immunity or privilege of the Crown; | 5 |
and the Centre’s property is not to be regarded as property of, or held on | |
behalf of, the Crown. | |
Exercise of functions | |
2 The Centre must carry out its functions effectively, economically and | |
efficiently. | 10 |
3 Anything authorised or required to be done by the Centre may be done by | |
any member or member of staff of the Centre who, or any committee or sub- | |
committee of the Centre which, is authorised for the purpose by the Centre | |
(whether generally or specially). | |
Assembly directions | 15 |
4 The Assembly may give directions— | |
(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 | 20 |
and the payment of compensation for loss of employment); | |
(c) as to the application of any sums received by the Centre under | |
section 2(4). | |
5 Directions under paragraph 4 may include a direction that the Centre | |
employ any person who is or was employed by a National Health Service | 25 |
trust and is specified in the direction. | |
6 If it appears to the Assembly that there has been a serious failure by the | |
Centre to perform any function which it considers should have been | |
performed by the Centre, the Assembly may give the Centre such directions | |
as it may consider appropriate for remedying that failure. | 30 |
7 Directions under paragraph 6 must include a statement summarising the | |
reasons for giving them. | |
8 A direction under this Schedule must be given in writing. | |
9 The Centre must comply with any direction given by the Assembly under | |
this Schedule. | 35 |
Regulations | |
10 The Assembly may by regulations make provision— | |
(a) about the appointment of the chairman and other members of the | |
Centre (including any conditions to be fulfilled for appointment and | |
provision about disqualification); | 40 |
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(b) about the tenure of office of the chairman of the Centre (including the | |
circumstances in which he ceases to be chairman or may be removed | |
or suspended from office); | |
(c) about the tenure of office as a member of the Centre of the chairman | |
or of other members of the Centre (including the circumstances in | 5 |
which they cease to be members or may be removed or suspended | |
from office); | |
(d) about the appointment, constitution of and exercise of functions by a | |
committee or sub-committee of the Centre (including provision for | |
the inclusion in a committee or sub-committee of persons who are | 10 |
not members of the Centre, or in a sub-committee of persons who are | |
not members of the committee); | |
(e) about the proceedings of the Centre, or of any committee or sub- | |
committee. | |
Members | 15 |
11 The Centre must, if required to do so by the Assembly, pay the chairman and | |
other members of the Centre and any member of a committee or sub- | |
committee who is not a member of the Centre such remuneration, and such | |
travelling and other allowances, as the Assembly may determine. | |
12 The Centre must, if required to do so by the Assembly— | 20 |
(a) pay to or in respect of any person who is or has been the chairman or | |
other member of the Centre or a member of a committee or sub- | |
committee such pension, allowances or gratuities as the Assembly | |
may determine; or | |
(b) make such payments as the Assembly may determine towards | 25 |
provision for the payment of a pension, allowance or gratuity to or | |
in respect of any such person. | |
13 Where— | |
(a) a person ceases to hold office as chairman or other member of the | |
Centre or as a member of a committee or sub-committee; and | 30 |
(b) the Assembly determines that there are special circumstances which | |
make it appropriate for that person to receive compensation, | |
the Centre must make a payment by way of compensation of such amount | |
as the Assembly may determine. | |
Chief executive | 35 |
14 (1) The Centre must appoint a person as chief executive. | |
(2) The person appointed under sub-paragraph (1)— | |
(a) may be appointed only with the consent of the Assembly; | |
(b) is to be appointed on such terms and conditions as the Assembly | |
may determine. | 40 |
15 The Centre must, if required to do so by the Assembly— | |
(a) pay to or in respect of any person who is or has been the chief | |
executive of the Centre such pension, allowances or gratuities as the | |
Assembly may determine; or | |
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(b) make such payments as the Assembly may determine towards | |
provision for the payment of a pension, allowance or gratuity to or | |
in respect of any such person. | |
16 Where— | |
(a) a person ceases to hold office as the chief executive of the Centre; and | 5 |
(b) the Assembly determines that there are special circumstances which | |
make it appropriate for that person to receive compensation, | |
the Centre must make a payment by way of compensation of such amount | |
as the Assembly may determine. | |
Other staff | 10 |
17 (1) The Centre may appoint such other staff as it considers appropriate. | |
(2) Staff appointed under this paragraph are to be appointed on such terms and | |
conditions as the Centre may determine. | |
18 The Centre may— | |
(a) pay to or in respect of any person who is or has been a member of | 15 |
staff such pension, allowances or gratuities as the Centre considers | |
appropriate; or | |
(b) make such payments as the Centre considers appropriate towards | |
provision for the payment of a pension, allowance or gratuity to or | |
in respect of any such person. | 20 |
19 Where— | |
(a) a person ceases to be a member of staff; and | |
(b) the Centre determines that there are special circumstances which | |
make it appropriate for that person to receive compensation, | |
the Centre may make a payment by way of compensation of such amount as | 25 |
it considers appropriate. | |
General powers | |
20 (1) The Centre may do anything which it considers necessary or expedient for | |
the purpose of, or in connection with, the exercise of its functions. | |
(2) That includes, in particular— | 30 |
(a) co-operating with other public authorities; | |
(b) acquiring and disposing of land and other property; and | |
(c) entering into contracts. | |
Charging of fees | |
21 The Centre may charge such fees as it considers appropriate for the | 35 |
provision of advice, information or assistance to any person. | |
Arrangements for assistance | |
22 (1) The Centre may make arrangements with such persons as it considers | |
appropriate to assist it in the discharge of any function. | |
(2) Arrangements may include the payment of fees to such persons. | 40 |
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Accounts | |
23 (1) The Centre must keep proper accounting records. | |
(2) The Centre must prepare accounts for each financial year in such form as the | |
Assembly may determine. | |
Audit | 5 |
24 (1) The accounts prepared by the Centre for any financial year must be | |
submitted to the Auditor General for Wales before the end of such period | |
after the end of the financial year as the Assembly may direct. | |
(2) The Auditor General for Wales must— | |
(a) examine and certify accounts submitted to him under sub-paragraph | 10 |
(1); and | |
(b) lay before the Assembly a copy of them as certified by him together | |
with his report on them. | |
Examinations into use of resources | |
25 (1) The Auditor General for Wales may carry out examinations into the | 15 |
economy, efficiency and effectiveness with which the Centre has used its | |
resources in carrying out its functions. | |
(2) Sub-paragraph (1) is not to be construed as entitling the Auditor General for | |
Wales to question the merits of the policy objectives of the Centre. | |
(3) The Auditor General for Wales may lay before the Assembly a report of the | 20 |
results of any examination carried out by him under this paragraph. | |
(4) The Auditor General for Wales and the Comptroller and Auditor General | |
may co-operate with, and give assistance to, each other in connection with | |
the carrying out of examinations in respect of the Centre under this | |
paragraph or section 7 of the National Audit Act 1983 (c. 44) (economy, etc. | 25 |
examinations). | |
Examinations by the Comptroller and Auditor General | |
26 (1) For the purpose of enabling him to carry out examinations into, and report | |
to Parliament on, the finances of the Centre, the Comptroller and Auditor | |
General— | 30 |
(a) is to have a right of access at all reasonable times to all such | |
documents in the custody or under the control of the Centre, or of the | |
Auditor General for Wales, as he may reasonably require for that | |
purpose; and | |
(b) is to be entitled to require from any person holding or accountable | 35 |
for any of those documents any assistance, information or | |
explanation which he reasonably thinks necessary for that purpose. | |
(2) The Comptroller and Auditor General must— | |
(a) consult the Auditor General for Wales; and | |
(b) take into account any relevant work done or being done by the | 40 |
Auditor General for Wales, | |
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before he acts in reliance on sub-paragraph (1) or carries out an examination | |
in respect of the Centre under section 7 of the National Audit Act 1983 (c. 44) | |
(economy, etc. examinations). | |
Further provision about accounts and audit | |
27 The Assembly may by regulations make such further provision about the | 5 |
accounts or audit of the Centre as it considers appropriate. | |
Evidence | |
28 A document purporting to be duly executed under the seal of the Centre or | |
signed on its behalf is to be received in evidence and, unless the contrary is | |
proved, taken to be so executed or signed. | 10 |
Reports and information | |
29 (1) As soon as practicable after the end of each financial year the Centre must | |
report to the Assembly on the exercise of its functions during the year. | |
(2) The Centre must publish the report made under sub-paragraph (1). | |
(3) The Centre must also provide the Assembly with such other information | 15 |
relating to the exercise of the Centre’s functions as the Assembly may | |
request. | |
Schedule 3 | |
Section 7 | |
Minor and Consequential Amendments | |
Public Bodies (Admission to Meetings) Act 1960 (c. 67) | 20 |
1 In paragraph 1 of the Schedule to the Public Bodies (Admission to Meetings) | |
Act 1960, after paragraph (l) insert— | |
“(m) the Wales Centre for Health;”. | |
House of Commons Disqualification Act 1975 (c. 24) | |
2 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, | 25 |
insert at the appropriate place— | |
“The Wales Centre for Health.”. | |
National Health Service Act 1977 (c. 49) | |
3 In section 18(1A) of the National Health Service Act 1977, omit the “or” at the | |
end of paragraph (a) and paragraph (c). | 30 |
4 In section 98 of that Act, omit subsection (2A). | |
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