National Health Service (Wales) Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

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—
20
(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),
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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
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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
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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—
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(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.
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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.
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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
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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,
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(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.
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(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).
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(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).
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(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).
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(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—