|
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(1) | This Act does not authorise or require the Commissioner to discharge a |
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function in relation to a matter to the extent that the matter is the subject of |
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legal proceedings before, or has been determined by, a court or tribunal. |
| 5 |
(2) | This Act does not authorise or require the Commissioner to discharge a |
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prescribed function which by virtue of an enactment is also dischargeable by a |
| |
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22 | Minor and consequential amendments |
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Schedule 4 (which makes minor and consequential amendments relating to |
| 10 |
other ombudsman with whom the Commissioner may work) has effect. |
| |
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The preceding provisions of this Act come into force in accordance with |
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provision made by the Assembly by order. |
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(1) | This section applies for the purposes of this Act. |
| |
(2) | “Older person” means a person aged 60 or over. |
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(3) | “Older person in Wales” means an older person— |
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(a) | who is ordinarily resident in Wales, |
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(b) | to or in respect of whom regulated services in Wales are provided, or |
| 20 |
(c) | to or in respect of whom relevant services (within the meaning of |
| |
section 6(4)) are provided by or on behalf of, or under arrangements |
| |
with, a person mentioned in Schedule 3. |
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25 | Interests of older people in Wales |
| |
In considering, for the purposes of this Act, what constitutes the interests of |
| 25 |
older people in Wales, the Commissioner must have regard to the United |
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Nations Principles for Older Persons adopted by the General Assembly of the |
| |
United Nations on 16 December 1991. |
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26 | Regulated services in Wales |
| |
(1) | This section applies for the purposes of this Act. |
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(2) | “Regulated services in Wales” means services which are provided in Wales by |
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or in a regulated establishment or agency. |
| |
(3) | An establishment or agency is a regulated establishment or agency if the |
| |
person carrying it on or managing it is required to be registered in respect of it |
| |
under Part 2 of the Care Standards Act 2000 (c. 14). |
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(4) | The services provided by or in a regulated establishment or agency are to be |
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treated as provided by the person who carries it on. |
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|
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27 | Other interpretative provisions |
| |
| |
“the Assembly” means the National Assembly for Wales; |
| |
“Assembly Cabinet” means the committee of the Assembly established |
| |
under section 56(1) of the Government of Wales Act 1998 (c. 38); |
| 5 |
“the Commissioner” has the meaning given by section 1; |
| |
“enactment” includes an enactment contained in an Act passed in the |
| |
Session in which this Act is passed or in a later Session; |
| |
“family health service provider in Wales” means— |
| |
(a) | a person who provides services under a contract entered into by |
| 10 |
that person with a Local Health Board under section 28K or 28Q |
| |
of the National Health Service Act 1977 (c. 49); |
| |
(b) | a person who has undertaken to provide in Wales general |
| |
ophthalmic services or pharmaceutical services under Part 2 of |
| |
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(c) | an individual who provides in Wales primary medical or dental |
| |
services in accordance with arrangements made under section |
| |
28C of that Act (except as an employee of, or otherwise on |
| |
behalf of, a Welsh health service body or an independent |
| |
| 20 |
(d) | an individual who has undertaken to provide in Wales general |
| |
dental services under Part 2 of that Act; |
| |
“family health services” means services provided in Wales which are |
| |
mentioned in any of paragraphs (a) to (d) of the definition of “family |
| |
health service provider in Wales”; |
| 25 |
“further education” has the meaning given in section 2(3) to (5) of the |
| |
Education Act 1996 (c. 56); |
| |
“further education corporation” has the meaning given in section 17(1) of |
| |
the Further and Higher Education Act 1992 (c. 13); |
| |
“higher education corporation” has the meaning given in section 90(1) of |
| 30 |
the Further and Higher Education Act 1992; |
| |
“independent provider in Wales” means a person who— |
| |
(a) | provides services of any kind in Wales under arrangements |
| |
with a Welsh health service body or a family health service |
| |
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(b) | is not a Welsh health service body or a family health service |
| |
| |
“independently provided services” means services provided in Wales |
| |
which are mentioned in paragraph (a) of the definition of “independent |
| |
| 40 |
“maintained school” has the meaning given in section 20(7) of the School |
| |
Standards and Framework Act 1998 (c. 31); |
| |
“NHS trust” has the same meaning as in the National Health Service Act |
| |
| |
“prescribed” means prescribed in regulations; |
| 45 |
“regulations” means regulations made by the Assembly; |
| |
“Welsh health service body” means— |
| |
(a) | the Assembly, to the extent that it discharges functions in |
| |
relation to the National Health Service; |
| |
(b) | a Local Health Board; |
| 50 |
| |
| |
|
| |
| |
(c) | an NHS trust managing a hospital or other establishment or |
| |
| |
(d) | a Special Health Authority discharging functions in relation to |
| |
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(2) | The Assembly may by order amend the definitions of “family health service |
| 5 |
provider in Wales” and “independent provider in Wales”. |
| |
(3) | Before making an order under subsection (2), the Assembly must consult such |
| |
persons as it thinks appropriate. |
| |
(4) | Section 13 of the National Audit Act 1983 (c. 44) (interpretation of references to |
| |
the Committee of Public Accounts) applies for the purposes of this Act as it |
| 10 |
applies for the purposes of that Act. |
| |
28 | Orders and regulations |
| |
(1) | A power of the Assembly to make an order or regulations under this Act is |
| |
exercisable by statutory instrument. |
| |
(2) | An order or regulations made by the Assembly under this Act may— |
| 15 |
(a) | make different provision for different purposes; |
| |
(b) | make consequential, incidental, supplemental, transitory, transitional |
| |
| |
(3) | The power to make consequential, incidental and supplemental provision in |
| |
| 20 |
(a) | an order under section 16(4) specifying a person for the purposes of that |
| |
section or providing for a person to cease to be specified for those |
| |
| |
(b) | an order under section 17(8) adding a person to the list of other |
| |
ombudsman in that section or omitting a person from that list, |
| 25 |
| includes power to make consequential, incidental and supplemental |
| |
amendments or repeals in any enactment relating to that person or to his |
| |
| |
(4) | But the following consents are required for the making of an order by the |
| |
Assembly which (whether by virtue of subsection (3) or otherwise) confers |
| 30 |
functions on a person other than the Commissioner or modifies the functions |
| |
| |
(a) | if the functions relate wholly or partly to a transferred matter, the |
| |
consent of a Northern Ireland department; and |
| |
(b) | if the functions relate wholly or partly to a matter which (without being |
| 35 |
a transferred matter) is a matter in respect of which the Assembly has |
| |
no functions, the consent of the Secretary of State. |
| |
(5) | In this section “transferred matter” means a transferred matter within the |
| |
meaning of section 4(1) of the Northern Ireland Act 1998 (c. 47). |
| |
(6) | An order made by the Assembly under this Act is, and regulations made by the |
| 40 |
Assembly under this Act are, to be regarded as Assembly general subordinate |
| |
legislation for the purposes of the Government of Wales Act 1998 (c. 38). |
| |
| |
(1) | Subject to subsections (2) and (3), this Act extends to England and Wales only. |
| |
| |
| |
|
| |
| |
(2) | Section 28 also extends to Northern Ireland. |
| |
(3) | An amendment or repeal made by this Act has the same extent as the provision |
| |
| |
| |
(1) | This Act may be cited as the Commissioner for Older People (Wales) Act 2006. |
| 5 |
(2) | Nothing in this Act shall impose any charge on the people or on public funds, |
| |
or vary the amount or incidence of or otherwise alter any such charge in any |
| |
manner, or affect the assessment, levying, administration or application of any |
| |
money raised by any such charge. |
| |
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