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National Health Service (Wales) Bill [HL]


National Health Service (Wales) Bill [HL]
Part 11 — Property and finance
Chapter 6 — Finance

112

 

(11)   

Sums falling to be paid to Local Health Boards under this section are payable

subject to such conditions as to records, certificates or otherwise as the Welsh

Ministers may determine.

(12)   

“General ophthalmic and pharmaceutical services expenditure” and “main

expenditure” are defined in Schedule 8.

5

175     

Financial duties of Local Health Boards

(1)   

Each Local Health Board must, in respect of each financial year, perform its

functions so as to secure that its expenditure which is attributable to the

performance by it of its functions in that year (not including its general

ophthalmic and pharmaceutical services expenditure) does not exceed the

10

aggregate of—

(a)   

the amount allotted to it for that year under section 174(1)(b),

(b)   

any sums received by it in that year under any provision of this Act

(other than sums received by it under that section), and

(c)   

any sums received by it in that year otherwise than under this Act for

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the purpose of enabling it to defray any such expenditure.

(2)   

The Welsh Ministers may give such directions to a Local Health Board as

appear to be requisite to secure that it complies with the duty under subsection

(1).

(3)   

To the extent to which—

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(a)   

any expenditure is defrayed by a Local Health Board as trustee or on

behalf of a Local Health Board by special trustees, or

(b)   

any sums are received by a Local Health Board as trustee or under

section 169,

   

that expenditure and, subject to subsection (5) those sums, must be

25

disregarded for the purposes of this section.

(4)   

For the purposes of this section sums which, in the hands of a Local Health

Board, cease to be trust funds and become applicable by the Local Health Board

otherwise than as trustee must be treated, on their becoming so applicable, as

having been received by the Local Health Board otherwise than as trustee.

30

(5)   

Of the sums received by a Local Health Board under section 169 so much only

as accrues to the Local Health Board after defraying any expenses incurred in

obtaining them must be disregarded under subsection (3).

(6)   

Subject to subsection (3), the Welsh Ministers may by directions determine—

(a)   

whether specified sums must, or must not, be treated for the purposes

35

of this section as received under this Act by a specified Local Health

Board,

(b)   

whether specified expenditure must, or must not, be treated for those

purposes as expenditure within subsection (1) of a specified Local

Health Board, or

40

(c)   

the extent to which, and the circumstances in which, sums received

by a Local Health Board under section 174 but not yet spent must be

treated for the purposes of this section as part of the expenditure of the

Local Health Board and to which financial year’s expenditure they

must be attributed.

45

(7)   

“Specified” means of a description specified in the directions.

 
 

National Health Service (Wales) Bill [HL]
Part 11 — Property and finance
Chapter 6 — Finance

113

 

176     

Resource limits for Local Health Boards

(1)   

Each Local Health Board must ensure that the use of its resources in a financial

year does not exceed the amount specified for it in relation to that year by the

Welsh Ministers.

(2)   

For the purpose of subsection (1) no account may be taken of any use of

5

resources for the purpose of a Local Health Board’s general ophthalmic and

pharmaceutical services expenditure.

(3)   

But in specifying an amount for a Local Health Board under subsection (1) (or

in varying the amount under subsection (5)), the Welsh Ministers may take into

account (in whatever way they consider appropriate)—

10

(a)   

any such use of resources, and

(b)   

the use of any resources which would have been for the purpose of

the Local Health Board’s general ophthalmic and pharmaceutical

services expenditure but for an order under section 180(2) (special

arrangements as to payment of remuneration),

15

   

during any period they consider appropriate (or such elements of such uses of

resources as they consider appropriate).

(4)   

For the purpose of subsection (1) the Welsh Ministers may give directions—

(a)   

specifying uses of resources which must, or must not, be taken into

account,

20

(b)   

making provision for determining to which Local Health Board certain

uses of resources must be attributed,

(c)   

specifying descriptions of resources which must, or must not, be taken

into account.

(5)   

Where the Welsh Ministers have specified an amount under this section in

25

respect of a financial year, they may vary the amount by a later specification.

(6)   

Subsections (3) to (5) of section 175 apply in relation to the duty under

subsection (1) of this section as they apply in relation to the duty under

subsection (1) of that section; and for that purpose references to the defraying

of expenditure and the receipt of sums are references to the incurring of

30

liabilities and the acquisition of assets.

(7)   

The Welsh Ministers may give such directions to a Local Health Board as

appear to be requisite to secure that it complies with the duty under subsection

(1).

(8)   

In this section a reference to the use of resources is a reference to their

35

expenditure, consumption or reduction in value.

177     

Further provision about the expenditure of Local Health Boards

Schedule 8 makes further provision about the expenditure of Local Health

Boards.

Accounts and audit

40

178     

Accounts and audit

Schedule 9 makes provision about the accounts of certain health service bodies

and the auditing of such accounts.

 
 

National Health Service (Wales) Bill [HL]
Part 11 — Property and finance
Chapter 6 — Finance

114

 

Allowances and remuneration

179     

Allowances for members of certain bodies

(1)   

The Welsh Ministers may pay to members of any body specified by them in an

order as a body formed for the purpose of performing a function connected

with the provision of services under this Act, such travelling and other

5

allowances, including compensation for loss of remunerative time, as they may

determine.

(2)   

Payments under this section are subject to such conditions as to records,

certificates, or otherwise as the Welsh Ministers may determine.

180     

Special arrangement as to payment of remuneration

10

(1)   

Subsection (2) applies where the Welsh Ministers consider it appropriate for

remuneration in respect of—

(a)   

primary medical services or primary dental services,

(b)   

general ophthalmic services, or

(c)   

pharmaceutical services,

15

   

to be paid by a particular body.

(2)   

Where this subsection applies, and the functions of the body do not include the

function of paying the remuneration, the Welsh Ministers may by order confer

that function on that body.

(3)   

Any sums required to enable a body to pay the remuneration must, if apart

20

from this section there is no provision authorising the payment of the sums by

the Welsh Ministers or out of money provided by Parliament, be paid by them.

(4)   

If the Welsh Ministers by order so provide with respect to remuneration in

respect of such pharmaceutical services or such local pharmaceutical services

as may be specified in the order—

25

(a)   

an NHS trust determined in accordance with the order has the function

of paying sums so determined to a Local Health Board so determined

in respect of the whole or any part of that remuneration, and

(b)   

subsection (3) does not apply with respect to the whole or that part of

the remuneration.

30

181     

Payments for certain medical examinations

(1)   

Where a medical practitioner carries out a medical examination of any person

with a view to an application for his admission to hospital for assessment or

treatment being made under Part 2 of the Mental Health Act 1983 (c. 20) the

Welsh Ministers must pay to that medical practitioner—

35

(a)   

reasonable remuneration in respect of that examination and in

respect of any recommendation or report made by him with regard to

the person examined, and

(b)   

the amount of any expenses reasonably incurred by him in connection

with the examination or the making of any such recommendation or

40

report.

(2)   

No payment may be made under this section to a medical practitioner—

(a)   

in respect of an examination carried out in the provision of primary

medical services for that person, or

 
 

National Health Service (Wales) Bill [HL]
Part 12 — Public involvement and scrutiny
Chapter 2 — Public involvement and consultation

115

 

(b)   

in respect of an examination carried out or any recommendation or

report made as part of his duty as an officer of a Primary Care Trust,

NHS trust, Special Health Authority, NHS foundation trust or Local

Health Board.

(3)   

This section applies only in a case where it is intended, when the medical

5

examination of the person in question is carried out, that if he is admitted to

hospital in pursuance of an application mentioned in subsection (1), the whole

cost of his maintenance and treatment will be defrayed out of moneys

provided by Parliament.

Part 12

10

Public involvement and scrutiny

Chapter 1

Community Health Councils

182     

Community Health Councils

(1)   

The Community Health Councils established for areas in Wales continue in

15

existence.

(2)   

But the Welsh Ministers may by order—

(a)   

provide for Community Health Councils to be known by a different

name,

(b)   

vary the area in Wales for which a Community Health Council is

20

established,

(c)   

abolish a Community Health Council, or

(d)   

establish a new Community Health Council for an area in Wales.

(3)   

The Welsh Ministers must act under this section to ensure—

(a)   

that the areas for which Community Health Councils are at any time

25

established together comprise the whole of Wales,

(b)   

that no part of an area for which a Community Health Council is

established is separated from the rest of it by a territory not included in

the area.

(4)   

Schedule 10 makes further provision about Community Health Councils

30

continued in existence or established under this section.

Chapter 2

Public involvement and consultation

183     

Public involvement and consultation

(1)   

Each Local Health Board must make arrangements with a view to securing, as

35

respects health services for which it is responsible, that persons to whom those

services are being or may be provided are, directly or through representatives,

involved in and consulted on—

(a)   

the planning of the provision of those services,

 
 

National Health Service (Wales) Bill [HL]
Part 12 — Public involvement and scrutiny
Chapter 3 — Overview and scrutiny committees

116

 

(b)   

the development and consideration of proposals for changes in the way

those services are provided, and

(c)   

decisions to be made by the Local Health Board affecting the operation

of those services.

(2)   

For the purposes of this section a Local Health Board is responsible for health

5

services—

(a)   

if it provides or will provide those services to individuals, or

(b)   

if another person provides, or will provide, those services to

individuals—

(i)   

at the Local Health Board’s direction,

10

(ii)   

on its behalf, or

(iii)   

in accordance with an agreement or arrangements made by the

Local Health Board with that other person,

   

and references in this section to the provision of services include

references to the provision of services jointly with another person.

15

Chapter 3

Overview and scrutiny committees

184     

Functions of overview and scrutiny committees

(1)   

This section applies to any local authority, except that it applies to the council

of a district only where the district is comprised in an area for which there is no

20

county council.

(2)   

Regulations may, in relation to an overview and scrutiny committee of an

authority to which this section applies, make provision—

(a)   

as to matters relating to the health service in the authority’s area

which the committee may review and scrutinise,

25

(b)   

as to matters relating to the health service in the authority’s area on

which the committee may make reports and recommendations to local

NHS bodies, the Welsh Ministers or the Independent Regulator of NHS

Foundation Trusts,

(c)   

as to matters on which local NHS bodies must consult the committee

30

in accordance with the regulations (including provision as to

circumstances in which the Welsh Ministers or the Independent

Regulator of NHS Foundation Trusts may require consultation on

those matters in accordance with the regulations),

(d)   

as to information which local NHS bodies must provide to the

35

committee,

(e)   

as to information which may not be disclosed by a local NHS body to

the committee,

(f)   

requiring any officer of a local NHS body to attend before the

committee to answer questions.

40

(3)   

For the purposes of subsection (2), “local NHS body”, in relation to an

overview and scrutiny committee, means an NHS body other than a Special

Health Authority which is prescribed for those purposes in relation to the

committee.

 
 

National Health Service (Wales) Bill [HL]
Part 12 — Public involvement and scrutiny
Chapter 3 — Overview and scrutiny committees

117

 

(4)   

“The health service” includes services provided in pursuance of arrangements

under regulations under section 33 in relation to the exercise of health-related

functions of a local authority.

185     

Joint overview and scrutiny committees etc

(1)   

In this section, “relevant functions”—

5

(a)   

in relation to a local authority operating executive arrangements

under Part 2 of the Local Government Act 2000 (c. 22) (“the 2000 Act”),

are functions which are, or, but for regulations under this section,

would be, exercisable under section 21(2)(f) of that Act by an overview

and scrutiny committee of that authority, and

10

(b)   

in relation to a local authority operating alternative arrangements

under that Part, are any corresponding functions which are, or, but for

regulations under this section, would be, exercisable by a committee of

the authority falling within paragraph (b) of section 32(1) of that Act,

   

and references to an overview and scrutiny committee include references to a

15

committee falling within that paragraph.

(2)   

Regulations may make provision under which—

(a)   

two or more local authorities may appoint a joint committee of those

authorities (a “joint overview and scrutiny committee”) and arrange for

relevant functions in relation to any (or all) of those authorities to be

20

exercisable by the committee,

(b)   

a local authority may arrange for relevant functions in relation to

that authority to be exercisable by an overview and scrutiny committee

of another local authority,

(c)   

a county council for any area may arrange for one or more of the

25

members of an overview and scrutiny committee of the council for a

district comprised in that area to be appointed as—

(i)   

a member of an overview and scrutiny committee of the county

council or another local authority, for the purposes of relevant

functions of the committee in relation to the county council, or

30

(ii)   

a member of an overview and scrutiny committee of the county

council, for the purposes of relevant functions of the committee

in relation to another local authority.

(3)   

The regulations may in particular—

(a)   

provide for arrangements to be made only in specified circumstances,

35

or subject to specified conditions or limitations,

(b)   

in relation to joint overview and scrutiny committees, make

provision applying, or corresponding to, any provision of—

(i)   

section 21(4) and (6) to (15) of the 2000 Act, or

(ii)   

section 186 of, and Schedule 11 to, this Act, and Schedule 17 to

40

the National Health Service Act 2006 (c. 00),

   

with or without modifications.

(4)   

The regulations may require, or enable the Welsh Ministers to direct, a local

authority—

(a)   

to make arrangements of any description within subsection (2), and

45

(b)   

to comply with such requirements in connection with the arrangements

as may be specified in the regulations or as the Welsh Ministers may

direct.

 
 

National Health Service (Wales) Bill [HL]
Part 13 — Miscellaneous

118

 

(5)   

In section 184(2) and (3), references to an overview and scrutiny committee

include references to a joint overview and scrutiny committee.

(6)   

In subsection (2)(c), references to an overview and scrutiny committee of a

county council include references to a joint overview and scrutiny committee

of the council and another local authority.

5

(7)   

Section 21(4) of the 2000 Act does not apply to the discharge of functions by

virtue of arrangements under regulations under subsection (2).

(8)   

Section 21(10) of the 2000 Act does not apply to persons who are members of

an overview and scrutiny committee by virtue of arrangements under

regulations under subsection (2)(c).

10

(9)   

“Local authority” does not include the Common Council of the City of London.

186     

Overview and scrutiny committees: exempt information

(1)   

This section applies in relation to any item of business at a meeting of an

overview and scrutiny committee which is an item relating to functions of the

committee under section 21(2)(f) of the Local Government Act 2000 (c 22).

15

(2)   

In relation to any such item, information is exempt information for the

purposes of section 100A(4) of the Local Government Act 1972 (c 70) (exclusion

of public from meetings to prevent disclosure of exempt information) if it falls

within any of the descriptions of information specified in Schedule 11, or in

Schedule 17 to the National Health Service Act 2006 (c. 00).

20

(3)   

The Welsh Ministers may by order vary Schedule 11

(a)   

by adding any description or other provision in connection with a

relevant body or services provided by, or under arrangements made

by, a relevant body, or

(b)   

by deleting or varying any description or other provision specified or

25

contained in that Schedule.

(4)   

The Welsh Ministers may exercise the power conferred by subsection (3) by

amending any Part of Schedule 11, with or without amendment of any other

Part.

(5)   

In this section and Schedule 11 “relevant body” means a body in respect of

30

which overview and scrutiny committees exercise functions under regulations

under section 184.

Part 13

Miscellaneous

Independent advocacy services

35

187     

Independent advocacy services

(1)   

The Welsh Ministers must arrange, to such extent as they consider necessary to

meet all reasonable requirements, for the provision of independent advocacy

services.

(2)   

“Independent advocacy services” are services providing assistance (by way of

40

representation or otherwise) to individuals making or intending to make—

 
 

 
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