(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;
(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
(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
(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—
(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
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);
(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-
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
ending on 31 March thereafter.
(5) Each subsequent report under this section shall relate to a period of twelve
months beginning on 1 April.
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
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
(3) Regulations under section 8 may provide that a contravention of or failure to
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
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
11 Orders and regulations
(1) Any power to make an order or regulations under this Act is exercisable by
(2) Any order or regulations under this Act—
(a) may make different provision for different purposes; and
(b) may make incidental, supplementary, consequential or transitional
(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.
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.
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.