|
| |
|
(a) | a complaint under a procedure operated by a health service body or |
| |
| |
(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 |
| |
| |
“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 |
| |
| |
“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 |
| |
| |
(a) | prescribed functions of the NHS bodies, and |
| |
(b) | prescribed health-related functions of the prison service, |
| |
|
| |
|
| |
|
| 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 |
| |
| |
(2) | The arrangements which may be prescribed include arrangements— |
| |
(a) | for or in connection with the establishment and maintenance of a |
| 5 |
| |
(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 |
| |
| |
(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 |
| |
| |
| |
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 |
| |
| 45 |
(4) | Schedule 13 makes further provision about standing advisory committees. |
| |
|
| |
|
| |
|
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. |
| |
| 5 |
(a) | medical practitioners, |
| |
(b) | dental practitioners, |
| |
| |
(d) | registered pharmacists, or |
| |
| 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 |
| |
| |
(4) | The duty of the Welsh Ministers under subsection (1) is subject to paragraph 1 |
| 15 |
| |
(5) | Schedule 14 to this Act makes further provision about committees recognised |
| |
| |
| |
| 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— |
| |
| |
(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, |
| |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
| 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). |
| |
| |
194 | Power of Local Health Boards to make payments towards expenditure on |
| |
| |
(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)), |
| |
|
| |
|
| |
|
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 |
| |
(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 |
| |
| |
| 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 |
| |
(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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
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 |
| |
| |
(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. |
| |
| |
(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 |
| |
| |
(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 |
|
| |
|
| |
|
(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. |
| |
| |
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 |
| |
| |
(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 |
| |
| |
| to be exercisable by the body jointly with one or more NHS body other than an |
| 20 |
| |
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 |
| |
| |
(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 |
| |
| |
(b) | which of the kinds of services mentioned in subsection (1) he wishes the |
| |
| |
(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 |
| |
| |
|
| |
|