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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.

 
 

 
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