National Health Service (Wales) Bill [HL]

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

National Health Service (Wales) Bill [HL]

National Health Service (Wales) Bill [HL]
Part 13 — Miscellaneous
119

(a)
a complaint under a procedure operated by a health service body or
independent provider,
(b)
a complaint under section 113(1) or (2) of the Health and Social Care
(Community Health and Standards) Act 2003 (c. 43),
(c)
a complaint to the Health Service Commissioner for England or the
5
Public Services Ombudsman for Wales,
(d)
a complaint of a prescribed description which relates to the
provision of services as part of the health service and—
(i)
is made under a procedure of a prescribed description, or
(ii)
gives rise, or may give rise, to proceedings of a prescribed
10
description.
(3)
In subsection (2)—
“health service body” means—
(a)
in relation to England, a body which, under section 2(1) of the
Health Service Commissioners Act 1993 (c. 46), is subject to
15
investigation by the Health Service Commissioner for England,
(b)
in relation to Wales, a Welsh health service body (within the
meaning of the Public Services Ombudsman (Wales) Act 2005
(c. 10)),
“independent provider” means—
20
(a)
in relation to England, a person who, under section 2B(1) of the
Health Service Commissioners Act 1993, is subject to
investigation by the Health Service Commissioner for England,
(b)
in relation to Wales, a person who is an independent provider
in Wales (within the meaning of the Public Services
25
Ombudsman (Wales) Act 2005.
(4)
The Welsh Ministers may make such other arrangements as they consider
appropriate for the provision of assistance to individuals in connection with
complaints relating to the provision of services as part of the health service.
(5)
In making arrangements under this section the Welsh Ministers must have
30
regard to the principle that the provision of services under the arrangements
should, so far as practicable, be independent of any person who is—
(a)
the subject of a relevant complaint, or
(b)
involved in investigating or adjudicating on such a complaint.
(6)
The Welsh Ministers may make payments to any person in pursuance of
35
arrangements under this section.
Joint working with the prison service
188
Joint working with the prison service
(1)
The Welsh Ministers may by regulations make provision for or in connection
with enabling prescribed NHS bodies (on the one hand) and the prison service
40
(on the other) to enter into prescribed arrangements in relation to the exercise
of—
(a)
prescribed functions of the NHS bodies, and
(b)
prescribed health-related functions of the prison service,

National Health Service (Wales) Bill [HL]
Part 13 — Miscellaneous
120


if the arrangements are likely to lead to an improvement in the way in which
those functions are exercised in relation to securing and maintaining the health
of prisoners.
(2)
The arrangements which may be prescribed include arrangements—
(a)
for or in connection with the establishment and maintenance of a
5
fund—
(i)
which is made up of contributions by one or more NHS bodies
and by the prison service, and
(ii)
out of which payments may be made towards expenditure
incurred in the exercise of both prescribed functions of the NHS
10
body or bodies and prescribed health-related functions of the
prison service,
(b)
for or in connection with the exercise by an NHS body on behalf of
the prison service of prescribed health-related functions of the prison
service in conjunction with the exercise by the NHS body of prescribed
15
functions of the NHS body,
(c)
for or in connection with the exercise by the prison service on behalf of
an NHS body of prescribed functions of the NHS body in
conjunction with the exercise by the prison service of prescribed
health-related functions of the prison service,
20
(d)
as to the provision of staff, goods or services in connection with any
arrangements mentioned in paragraph (a), (b) or (c),
(e)
as to the making of payments by the prison service to an NHS body in
connection with any arrangements mentioned in paragraph (b),
(f)
as to the making of payments by an NHS body to the prison service in
25
connection with any arrangements mentioned in paragraph (c).
(3)
Any arrangements made by virtue of this section do not affect the liability of
NHS bodies, or of the prison service, for the exercise of any of their functions.
(4)
“The prison service” means the Minister of the Crown exercising functions in
relation to prisons (within the meaning of the Prison Act 1952 (c. 52)); and
30
“Minister of the Crown” has the same meaning as in the Ministers of the Crown
Act 1975.
Advisory committees
189
Welsh Ministers’ standing advisory committees
(1)
The Welsh Ministers may by order establish standing advisory committees for
35
the purpose of advising them on such of the services provided under this Act
as may be specified in the order.
(2)
A standing advisory committee consists of persons appointed by the Welsh
Ministers after consultation with such representative organisations as they
recognise for the purpose.
40
(3)
A standing advisory committee must advise the Welsh Ministers—
(a)
on such matters relating to the services with which the committee is
concerned as it considers appropriate, and
(b)
on any questions referred to it by the Welsh Ministers relating to those
services.
45
(4)
Schedule 13 makes further provision about standing advisory committees.

National Health Service (Wales) Bill [HL]
Part 13 — Miscellaneous
121

190
Advisory committees for Wales
(1)
Where the Welsh Ministers are satisfied that a committee formed for Wales is
representative of any category of persons mentioned in subsection (2), they
must recognise the committee.
(2)
The categories are—
5
(a)
medical practitioners,
(b)
dental practitioners,
(c)
nurses and midwives,
(d)
registered pharmacists, or
(e)
optometrists.
10
(3)
A committee recognised under this section is called the Welsh Medical
Committee, the Welsh Dental Committee, the Welsh Nursing and Midwifery
Committee, the Welsh Pharmaceutical Committee or the Welsh Optical
Committee.
(4)
The duty of the Welsh Ministers under subsection (1) is subject to paragraph 1
15
of Schedule 14.
(5)
Schedule 14 to this Act makes further provision about committees recognised
under this section.
Emergency powers
191
Emergency powers
20
(1)
The Welsh Ministers may give directions under this section if they consider
that by reason of an emergency it is necessary to do so in order to ensure that
a service falling to be provided under or by virtue of this Act is provided.
(2)
Directions under this section may direct that, during the period specified by
the directions, a function conferred on any body or person under or by virtue
25
of this Act is to the exclusion of or concurrently with that body or person to be
performed by another body or person.
(3)
The powers conferred on the Welsh Ministers by this section are in addition to
any other powers exercisable by the Welsh Ministers.
Local social services authorities
30
192
Local social service authorities
(1)
Subject to paragraphs (d) and (e) of section 3(1), the services described in
Schedule 15 in relation to—
(a)
care of mothers,
(b)
prevention, care and after-care,
35
(c)
home help and laundry facilities,

are functions exercisable by local social services authorities.
(2)
A local social services authority which provides premises, furniture or
equipment for any of the purposes of this Act may permit the use of the
premises, furniture or equipment by—
40
(a)
any other local social services authority,

National Health Service (Wales) Bill [HL]
Part 13 — Miscellaneous
122

(b)
any of the bodies established under this Act, or
(c)
a local education authority.
(3)
The permission may be on such terms (including terms with respect to the
services of any staff employed by the authority giving permission) as may be
agreed.
5
(4)
A local social services authority may provide (or improve or furnish)
residential accommodation for officers—
(a)
employed by it for the purposes of any of its functions as a local social
services authority, or
(b)
employed by a voluntary organisation for the purposes of any services
10
provided under this section and Schedule 15.
(5)
In this section and Schedule 15 “equipment” includes any machinery,
apparatus or appliance, whether fixed or not, and any vehicle.
Supplies by the Welsh Ministers
193
Supplies not readily obtainable
15
(1)
Where the Welsh Ministers have acquired—
(a)
supplies of human blood for the purposes of any service under this
Act,
(b)
any part of a human body for the purpose of, or in the course of
providing, any such service, or
20
(c)
supplies of any other substances or preparations not readily
obtainable,

they may arrange to make such supplies or that part available (on such terms,
including terms as to charges, as they consider appropriate) to any person.
(2)
The Welsh Ministers may exercise the powers conferred by subsection (1) only
25
if, and to the extent that, they are satisfied that anything which they propose to
do or allow under those powers—
(a)
will not to a significant extent interfere with the performance by them
of any duty imposed on them by this Act to provide accommodation or
services of any kind, and
30
(b)
will not to a significant extent operate to the disadvantage of persons
seeking or afforded admission or access to accommodation or
services at health service hospitals (whether as resident or non-resident
patients) otherwise than as private patients.
(3)
“Health service hospital” includes such a hospital within the meaning of
35
section 275 of the National Health Service Act 2006 (c. 00).
Community services
194
Power of Local Health Boards to make payments towards expenditure on
community services
(1)
A Local Health Board may make payments to—
40
(a)
a local social services authority towards expenditure incurred or to be
incurred by it in connection with any social services functions (within
the meaning of the Local Authority Social Services Act 1970 (c. 42)),

National Health Service (Wales) Bill [HL]
Part 13 — Miscellaneous
123

other than functions under section 3 of the Disabled Persons
(Employment) Act 1958 (c. 33),
(b)
a district council, or a Welsh county council or county borough council,
towards expenditure incurred or to be incurred by it in connection with
its functions under Part 2 of Schedule 9 to the Health and Social
5
Services and Social Security Adjudications Act 1983 (c. 41) (meals and
recreation for old people),
(c)
an authority which is a local education authority for the purposes of the
Education Act 1996 (c. 56), towards expenditure incurred or to be
incurred by it in connection with its functions under the Education Acts
10
(within the meaning of that Act), in so far as it performs those functions
for the benefit of disabled persons,
(d)
a local housing authority within the meaning of the Housing Act 1985
(c. 68), towards expenditure incurred or to be incurred by it in
connection with its functions under Part 2 of that Act (provision of
15
housing), or
(e)
any of the bodies mentioned in subsection (2), in respect of expenditure
incurred or to be incurred by it in connection with the provision of
housing accommodation.
(2)
The bodies are—
20
(a)
a registered social landlord within the meaning of the Housing Act
1985 (see section 5(4) and (5) of that Act),
(b)
the Commission for the New Towns,
(c)
a new town development corporation,
(d)
an urban development corporation established under the Local
25
Government, Planning and Land Act 1980 (c. 65),
(e)
the Housing Corporation.
(3)
A Local Health Board may make payments to a local authority towards
expenditure incurred or to be incurred by the authority in connection with the
performance of any of the authority’s functions which, in the opinion of the
30
Local Health Board—
(a)
have an effect on the health of any individuals,
(b)
have an effect on, or are affected by, any NHS functions, or
(c)
are connected with any NHS functions.
(4)
“NHS functions” means functions exercised by an NHS body.
35
(5)
A payment under this section may be made in respect of expenditure of a
capital or of a revenue nature or in respect of both kinds of expenditure.
(6)
The Welsh Ministers may by directions prescribe conditions relating to
payments under this section or section 195.
(7)
The conditions include, in particular, conditions requiring, in such
40
circumstances as may be specified—
(a)
repayment of the whole or part of a payment under this section, or
(b)
in respect of property acquired with a payment under this section,
payment of an amount representing the whole or part of an increase in
the value of the property which has occurred since its acquisition.
45
(8)
No payment may be made under this section in respect of any expenditure
unless the conditions relating to it conform with the conditions prescribed
under subsection (6) for payments of that description.

National Health Service (Wales) Bill [HL]
Part 13 — Miscellaneous
124

(9)
“A disabled person” is a person who has a physical or mental impairment
which has a substantial and long-term adverse effect on his ability to carry out
normal day-to-day activities or who has such other disability as may be
prescribed.
195
Payments in respect of voluntary organisations under section 194
5
(1)
This section applies where the expenditure in respect of which a payment
under section 194 is proposed to be made is expenditure in connection with
services to be provided by a voluntary organisation.
(2)
Where this section applies, the Local Health Board may make payments to the
voluntary organisation towards the expenditure incurred or to be incurred by
10
the organisation in connection with the provision of those services, instead of
or in addition to making payments under section 194(1) or (3).
(3)
Where this section applies—
(a)
a body falling within any of paragraphs (a) to (d) of section 194(1)
which has received payments under the paragraph, and
15
(b)
a local authority which has received payments under section 194(3),

may make out of the sums paid to it payments to the voluntary organisation
towards expenditure incurred or to be incurred by the organisation in
connection with the provision of those services.
(4)
No payment may be made under subsection (2) or (3) except subject to
20
conditions which conform with the conditions prescribed for payments of that
description under section 194(6).
196
Power of Welsh Ministers to make payments towards expenditure on
community services in Wales
(1)
The Welsh Ministers may make payments—
25
(a)
to an authority in Wales of a description mentioned in paragraph (a),
(b), (c) or (d) of section 194(2), for the purpose mentioned in the
paragraph,
(b)
to any body mentioned in subsection (2), in respect of expenditure
incurred or to be incurred by the body in connection with the provision
30
of housing accommodation in Wales.
(2)
The bodies are—
(a)
a registered social landlord within the meaning of the Housing Act
1985 (c. 68) (see section 5(4) and (5) of that Act),
(b)
the Commission for the New Towns,
35
(c)
a new town development corporation,
(d)
an urban development corporation established under the Local
Government, Planning and Land Act 1980 (c. 65).
(3)
The Welsh Ministers may make payments to a voluntary organisation towards
expenditure incurred or to be incurred by the organisation in connection with
40
the provision of services for which the Welsh Ministers could make payments
under subsection (1).
(4)
A payment under this section may be made in respect of expenditure of a
capital or of a revenue nature or in respect of both kinds of expenditure.
(5)
Conditions may be attached to a payment under this section.
45

National Health Service (Wales) Bill [HL]
Part 13 — Miscellaneous
125

(6)
The conditions that may be attached include, in particular, conditions
requiring, in such circumstances as may be specified—
(a)
repayment of the whole or part of a payment under this section, or
(b)
in respect of property acquired with a payment under this section,
payment of an amount representing the whole or part of an increase in
5
the value of the property which has occurred since its acquisition.
Universities
197
University clinical teaching and research
(1)
The Welsh Ministers must exercise their functions under this Act so as to
secure that there are made available such facilities as they consider are
10
reasonably required by any university which has a medical or dental school, in
connection with—
(a)
clinical teaching, and
(b)
research connected with clinical medicine or clinical dentistry.
(2)
Regulations may provide for any functions—
15
(a)
exercisable by a Strategic Health Authority, Primary Care Trust, Special
Health Authority or Local Health Board,
(b)
in relation to the provision of facilities such as are mentioned in
subsection (1),

to be exercisable by the body jointly with one or more NHS body other than an
20
NHS foundation trust.
Use of facilities in private practice
198
Permission for use of facilities in private practice
(1)
A person to whom this section applies who wishes to use any relevant health
service accommodation or facilities for the purpose of providing medical,
25
dental, pharmaceutical, ophthalmic or chiropody services to non-resident
private patients may apply in writing to the Welsh Ministers for permission
under this section.
(2)
Any application for permission under this section must specify—
(a)
which of the relevant health service accommodation or facilities the
30
applicant wishes to use for the purpose of providing services to such
patients, and
(b)
which of the kinds of services mentioned in subsection (1) he wishes the
permission to cover.
(3)
On receiving an application under this section the Welsh Ministers—
35
(a)
must consider whether anything for which permission is sought would
interfere with the giving of full and proper attention to persons seeking
or afforded access otherwise than as private patients to any services
provided under this Act, and
(b)
must grant the permission applied for unless in the opinion of the
40
Welsh Ministers anything for which permission is sought would so
interfere.