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(3) Regulations under this subsection may require Welsh NHS bodies and bodies | |
specified in subsection (4) to comply with standards specified in regulations | |
under this subsection relating to— | |
(a) the manufacture, distribution, storage and disposal of needle sticks; | |
and | 5 |
(b) the use of equipment which may, in the opinion of the Assembly, | |
reduce the risk of needle stick injury. | |
(4) The bodies specified in this subsection are— | |
(a) independent hospitals; | |
(b) independent clinics; and | 10 |
(c) independent medical agencies | |
for whom the Assembly is the registration authority under the Care Standards | |
Act 2000 (c. 14). | |
(5) In this section “the responsible body” means— | |
(a) the body within whose premises the injury occurred, or | 15 |
(b) (in the case of an injury which occurred in the health care sector in | |
Wales outside premises of a body subject to regulations under | |
subsection (2)), the body having control of the work in connection with | |
which the injury occurred. | |
(6) Before making regulations under this section, the Assembly shall consult— | 20 |
(a) the Secretary of State, | |
(b) the CHAI, and | |
(c) the Commission. | |
9 Annual report of the Assembly relating to needle stick injury | |
(1) It shall be the duty of the Assembly to prepare and publish an annual report | 25 |
relating to the performance of the functions of the Assembly under this Act. | |
(2) Each report under this section shall contain— | |
(a) an account of the incidence of needle stick injuries and infections | |
arising from such injuries derived from information provided to the | |
Assembly in accordance with regulations under section 8(2); | 30 |
(b) an account of compliance with regulations made under section 8; | |
(c) measures taken by the Assembly to reduce the risk and incidence of | |
needle stick injuries and infections arising from such injuries. | |
(3) In preparing each report under this section, the Assembly shall consult the | |
Commission and the CHAI and shall endeavour, so far as is practicable, to co- | 35 |
ordinate the preparation of the Assembly’s report with the preparation of the | |
reports to be made by the Commission under section 50B of the 1974 Act and | |
by the CHAI under section 6 of this Act. | |
(4) The first report under this section shall relate to the period beginning with the | |
date on which the first regulations made under section 8(2) come into force and | 40 |
ending on 31 March thereafter. | |
(5) Each subsequent report under this section shall relate to a period of twelve | |
months beginning on 1 April. | |
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10 Enforcement of regulations in Wales | |
(1) The provisions of sections 31 and 32 of the Care Standards Act 2000 (c. 14) | |
(inspection by persons authorised by registration authority) shall apply to | |
functions of the Assembly under regulations made under section 8 of this Act | |
in respect of the bodies specified in subsection (4) of that section as if those | 5 |
functions were functions under Part 2 of that Act. | |
(2) The Assembly may by regulations prescribe arrangements for inspection and | |
review of compliance by Welsh NHS bodies with regulations made under | |
section 8. | |
(3) Regulations under section 8 may provide that a contravention of or failure to | 10 |
comply with any specified provision of the regulations shall be an offence. | |
(4) A person guilty of an offence under the regulations shall be liable on summary | |
conviction to a fine not exceeding level 4 on the standard scale. | |
(5) Proceedings in respect of an offence under regulations under section 8 shall | |
not, without the written consent of the Attorney General, be taken by any | 15 |
person other than the Assembly. | |
(6) The provisions of section 30 of the Care Standards Act 2000 (offences by bodies | |
corporate) shall apply to offences committed by a body corporate under | |
regulations under section 8 of this Act. | |
Miscellaneous and final provisions | 20 |
11 Orders and regulations | |
(1) Any power to make an order or regulations under this Act is exercisable by | |
statutory instrument. | |
(2) Any order or regulations under this Act— | |
(a) may make different provision for different purposes; and | 25 |
(b) may make incidental, supplementary, consequential or transitional | |
provision. | |
(3) A statutory instrument containing an order or regulations under this Act made | |
by the Secretary of State (apart from an order under section 13) is subject to | |
annulment in pursuance of a resolution of either House of Parliament. | 30 |
12 Expenses | |
There shall be paid out of money provided by Parliament— | |
(a) any expenditure incurred by the Secretary of State under this Act; and | |
(b) any increase attributable to this Act in the sums payable out of money so | |
provided under any other Act. | 35 |
13 Short title, commencement and extent | |
(1) This Act may be cited as the Needle Stick Injury Act 2003. | |
(2) Sections 2 to 7 shall come into force on such day as the Secretary of State may | |
by order appoint. | |
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