|
| |
|
(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 |
| |
| |
(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 |
| |
(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 |
| 15 |
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 |
| |
| |
(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 |
| |
| |
| 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 |
| |
| |
(b) | whether specified expenditure must, or must not, be treated for those |
| |
purposes as expenditure within subsection (1) of a specified Local |
| |
| 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 |
| |
| 45 |
(7) | “Specified” means of a description specified in the directions. |
| |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
| 40 |
| |
Schedule 9 makes provision about the accounts of certain health service bodies |
| |
and the auditing of such accounts. |
| |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
(b) | the amount of any expenses reasonably incurred by him in connection |
| |
with the examination or the making of any such recommendation or |
| 40 |
| |
(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 |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
| 10 |
Public involvement and scrutiny |
| |
| |
Community Health Councils |
| |
182 | Community Health Councils |
| |
(1) | The Community Health Councils established for areas in Wales continue in |
| 15 |
| |
(2) | But the Welsh Ministers may by order— |
| |
(a) | provide for Community Health Councils to be known by a different |
| |
| |
(b) | vary the area in Wales for which a Community Health Council is |
| 20 |
| |
(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 |
| |
| |
(4) | Schedule 10 makes further provision about Community Health Councils |
| 30 |
continued in existence or established under this section. |
| |
| |
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, |
| |
|
| |
|
| |
|
(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 |
| |
| |
(2) | For the purposes of this section a Local Health Board is responsible for health |
| 5 |
| |
(a) | if it provides or will provide those services to individuals, or |
| |
(b) | if another person provides, or will provide, those services to |
| |
| |
(i) | at the Local Health Board’s direction, |
| 10 |
| |
(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 |
| |
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 |
| |
(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 |
| |
| |
(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 |
| |
(e) | as to information which may not be disclosed by a local NHS body to |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
| |
| |
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 |
| |
| |
(2) | “Independent advocacy services” are services providing assistance (by way of |
| 40 |
representation or otherwise) to individuals making or intending to make— |
| |
|
| |
|