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National Health Service (Wales) Bill [HL]


National Health Service (Wales) Bill [HL]
Part 2 — Health service bodies
Chapter 4 — Miscellaneous

12

 

25      

Exercise of Special Health Authority functions

(1)   

Regulations may provide for any functions which are exercisable by a Special

Health Authority under section 24 to be exercised—

(a)   

by another Special Health Authority, or

(b)   

jointly with one or more other Special Health Authorities.

5

(2)   

Regulations may provide—

(a)   

for any functions which are exercisable by a Special Health Authority

under section 24 or this section to be exercised on behalf of that Special

Health Authority by a committee, sub-committee or officer of the

Special Health Authority,

10

(b)   

for any functions exercisable jointly under subsection (1)(b) to be

exercised, on behalf of the Special Health Authorities in question, by a

joint committee or joint sub-committee.

Chapter 4

Miscellaneous

15

Intervention orders and default powers

26      

Intervention orders

(1)   

This section applies to NHS bodies other than NHS foundation trusts.

(2)   

If the Welsh Ministers—

(a)   

consider that a body to which this section applies is not performing one

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or more of its functions adequately or at all, or that there are significant

failings in the way the body is being run, and

(b)   

are satisfied that it is appropriate for them to intervene under this

section,

   

they may make an order under this section in respect of the body (an

25

“intervention order”).

(3)   

An intervention order may make any provision authorised by section 27

(including any combination of such provisions).

27      

Effect of intervention orders

(1)   

In this section—

30

(a)   

“member” means a member of a Strategic Health Authority, Primary

Care Trust, Special Health Authority or Local Health Board, or a

member of the board of directors of an NHS trust,

(b)   

“employee member” means a member of a Strategic Health Authority,

Primary Care Trust, Special Health Authority or Local Health Board

35

who is an officer of the body, or an executive director of an NHS trust.

(2)   

An intervention order may provide for the removal from office of—

(a)   

all the members, or

(b)   

those specified in the order,

 
 

National Health Service (Wales) Bill [HL]
Part 2 — Health service bodies
Chapter 4 — Miscellaneous

13

 

   

and for their replacement with individuals specified in or determined in

accordance with the order (who need not be the same in number as the

removed individuals).

(3)   

An intervention order may provide for the suspension (either wholly, or in

respect only of powers and duties specified in or determined in accordance

5

with the order) of—

(a)   

all the members, or

(b)   

those specified in the order,

   

and for the powers of the suspended members to be exercised, and their duties

performed, during their suspension by individuals specified in or determined

10

in accordance with the order (who need not be the same in number as the

suspended individuals).

(4)   

The powers and duties referred to in subsection (3) are, in the case of an

employee member, only those which he has in his capacity as a member.

(5)   

An intervention order may contain directions to the body to which it relates to

15

secure that a function of the body specified in the directions—

(a)   

is performed, to the extent specified in the directions, on behalf of the

body and at its expense, by such person as is specified in the

directions, and

(b)   

is so performed in such a way as to achieve such objectives as are so

20

specified,

   

and the directions may require that any contract or other arrangement made by

the body with that person contains such terms and conditions as may be so

specified.

(6)   

If the person referred to in subsection (5)(a) is a body to which section 26

25

applies, the functions of that body include the performance of the functions

specified in the directions under subsection (5).

(7)   

Subsection (8) applies in relation to any provision in this Act, or in any order

or regulations made, or directions given, under this Act, relating to—

(a)   

the membership of the body to which an intervention order relates (or

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in the case of an NHS trust to the membership of its board of directors),

or

(b)   

the procedure of the body.

(8)   

The intervention order may provide in relation to any provision specified in

the order—

35

(a)   

that it does not apply in relation to the body while the order remains in

force, or

(b)   

that it applies in relation to the body, while the order remains in force,

with modifications specified in the order.

(9)   

An intervention order may contain such supplementary directions to the body

40

to which it relates as the Welsh Ministers consider appropriate for the purpose

of giving full effect to the order.

28      

Default powers

(1)   

This section applies to NHS bodies other than NHS foundation trusts.

(2)   

If the Welsh Ministers consider that a body to which this section applies—

45

 
 

National Health Service (Wales) Bill [HL]
Part 2 — Health service bodies
Chapter 4 — Miscellaneous

14

 

(a)   

has failed to carry out any functions conferred or imposed on it by or

under this Act, or

(b)   

has in carrying out those functions failed to comply with any

regulations or directions relating to those functions,

   

they may after such inquiry as they consider appropriate make an order

5

declaring it to be in default.

(3)   

The members of the body in default must immediately vacate their office, and

the order—

(a)   

must provide for the appointment, in accordance with the provisions

of this Act, of new members of the body, and

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(b)   

may contain such provisions as seem to the Welsh Ministers expedient

for authorising any person to act in the place of the body pending the

appointment of new members.

(4)   

An order under this section may contain such supplementary and incidental

provisions as appear to the Welsh Ministers to be necessary or expedient,

15

including—

(a)   

provision for the transfer to the Welsh Ministers of property and

liabilities of the body in default, and

(b)   

where any such order is varied or revoked by a subsequent order,

provision in the subsequent order for the transfer to the body in default

20

of any property or liabilities acquired or incurred by the Welsh

Ministers in discharging any of the functions transferred to them.

Transfer of residual liabilities

29      

Transfer of residual liabilities

(1)   

If a Local Health Board, an NHS trust or a Special Health Authority ceases to

25

exist, the Welsh Ministers must exercise their functions so as to secure that all

of the body’s liabilities (other than any criminal liabilities) are dealt with.

(2)   

A liability is dealt with by being transferred to an NHS body, the Welsh

Ministers or the Secretary of State.

Losses and liabilities of certain health service bodies

30

30      

Schemes for meeting losses and liabilities etc of certain health service bodies

(1)   

The Welsh Ministers may by regulations establish a scheme whereby any of the

bodies specified in subsection (2) may make provision to meet—

(a)   

expenses arising from any loss of or damage to their property, and

(b)   

liabilities to third parties for loss, damage or injury arising out of the

35

carrying out of the functions of the bodies concerned.

(2)   

The bodies referred to in subsection (1) are—

(a)   

Local Health Boards,

(b)   

NHS trusts,

(c)   

Special Health Authorities,

40

(d)   

the Commission for Healthcare Audit and Inspection, and

(e)   

the Health Protection Agency,

 
 

National Health Service (Wales) Bill [HL]
Part 3 — Local authorities and the NHS

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but a scheme under this section may limit the class or description of bodies

which are eligible to participate in it.

(3)   

A scheme under this section may, in particular—

(a)   

provide for the scheme to be administered by the Welsh Ministers or by

an NHS trust or Special Health Authority specified in the scheme,

5

(b)   

require any body which participates in the scheme to make payments

in accordance with the scheme, and

(c)   

provide for the making of payments for the purposes of the scheme by

the Welsh Ministers.

(4)   

If the Welsh Ministers so direct, a body which is eligible to participate in a

10

scheme must do so.

(5)   

Where a scheme provides for the scheme to be administered by the Welsh

Ministers, a Special Health Authority or NHS trust must carry out such

functions in connection with the administration of the scheme as the Welsh

Ministers may direct.

15

(6)   

Subsections (4) and (5) do not affect any other power of direction of the Welsh

Ministers.

(7)   

A person or body administering a scheme under this section does not require

permission under any provision of the Financial Services and Markets Act 2000

(c. 8) as respects activities carried out under the scheme.

20

Directions and regulations under this Part

31      

Directions and regulations under this Part

(1)   

This section applies to directions and regulations under any of—

(a)   

section 12,

(b)   

section 13,

25

(c)   

section 19,

(d)   

section 23,

(e)   

section 24,

(f)   

section 25.

(2)   

Except in prescribed cases, the directions and regulations must not preclude a

30

person or body by whom the function is exercisable apart from the directions

or regulations from exercising the function.

Part 3

Local authorities and the NHS

32      

Supply of goods and services by local authorities

35

(1)   

In the Local Authorities (Goods and Services) Act 1970 (c. 39) the expression

“public body” includes—

(a)   

any Local Health Board, and

(b)   

so far as relates to their functions under this Act, the Welsh Ministers.

 
 

National Health Service (Wales) Bill [HL]
Part 3 — Local authorities and the NHS

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(2)   

Subsection (1) has effect as if made by an order under section 1(5) of the Local

Authorities (Goods and Services) Act 1970 (c. 39) and may be varied or revoked

by such an order.

(3)   

Each local authority must make services available to each NHS body acting in

its area, so far as is reasonably necessary and practicable to enable the NHS

5

body to discharge its functions under this Act.

(4)   

“Services” means the services of persons employed by the local authority for

the purposes of its functions under the Local Authority Social Services Act 1970

(c. 42).

33      

Arrangements between NHS bodies and local authorities

10

(1)   

The Welsh Ministers may by regulations make provision for or in connection

with enabling prescribed NHS bodies (on the one hand) and prescribed local

authorities (on the other) to enter into prescribed arrangements in relation to

the exercise of—

(a)   

prescribed functions of the NHS bodies, and

15

(b)   

prescribed health-related functions of the local authorities,

   

if the arrangements are likely to lead to an improvement in the way in which

those functions are exercised.

(2)   

The arrangements which may be prescribed include arrangements—

(a)   

for or in connection with the establishment and maintenance of a

20

fund—

(i)   

which is made up of contributions by one or more NHS bodies

and one or more local authorities, and

(ii)   

out of which payments may be made towards expenditure

incurred in the exercise of both prescribed functions of the NHS

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body or bodies and prescribed health-related functions of the

authority or authorities,

(b)   

for or in connection with the exercise by an NHS body on behalf of a

local authority of prescribed health-related functions of the authority in

conjunction with the exercise by the NHS body of prescribed functions

30

of the NHS body,

(c)   

for or in connection with the exercise by a local authority on behalf of

an NHS body of prescribed functions of the NHS body in conjunction

with the exercise by the local authority of prescribed health-related

functions of the local authority,

35

(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 a local authority 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 a local authority in

40

connection with any arrangements mentioned in paragraph (c).

(3)   

Regulations under this section may make provision—

(a)   

as to the cases in which NHS bodies and local authorities may enter into

prescribed arrangements,

(b)   

as to the conditions which must be satisfied in relation to prescribed

45

arrangements (including conditions in relation to consultation),

(c)   

for or in connection with requiring the consent of the Welsh Ministers

to the operation of prescribed arrangements (including provision in

 
 

National Health Service (Wales) Bill [HL]
Part 3 — Local authorities and the NHS

17

 

relation to applications for consent, the approval or refusal of such

applications and the variation or withdrawal of approval),

(d)   

in relation to the duration of prescribed arrangements,

(e)   

for or in connection with the variation or termination of prescribed

arrangements,

5

(f)   

as to the responsibility for, and the operation and management of,

prescribed arrangements,

(g)   

as to the sharing of information between NHS bodies and local

authorities.

(4)   

The provision which may be made by virtue of subsection (3)(f) includes

10

provision in relation to—

(a)   

the formation and operation of joint committees of NHS bodies and

local authorities,

(b)   

the exercise of functions which are the subject of prescribed

arrangements (including provision in relation to the exercise of such

15

functions by joint committees or employees of NHS bodies and local

authorities),

(c)   

the drawing up and implementation of plans in respect of prescribed

arrangements,

(d)   

the monitoring of prescribed arrangements,

20

(e)   

the provision of reports on, and information about, prescribed

arrangements,

(f)   

complaints and disputes about prescribed arrangements,

(g)   

accounts and audit in respect of prescribed arrangements.

(5)   

Arrangements made by virtue of this section do not affect—

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(a)   

the liability of NHS bodies for the exercise of any of their functions,

(b)   

the liability of local authorities for the exercise of any of their functions,

or

(c)   

any power or duty to recover charges in respect of services provided in

the exercise of any local authority functions.

30

(6)   

The Welsh Ministers may issue guidance to NHS bodies and local authorities

in relation to consultation or applications for consent in respect of prescribed

arrangements.

(7)   

The reference in subsection (1) to an improvement in the way in which

functions are exercised includes an improvement in the provision to any

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individuals of any services to which those functions relate.

(8)   

In this section—

“health-related functions”, in relation to a local authority, means

functions of the authority which, in the opinion of the Welsh

Ministers—

40

(a)   

have an effect on the health of any individuals,

(b)   

have an effect on, or are affected by, any functions of NHS

bodies, or

(c)   

are connected with any functions of NHS bodies,

“NHS body” does not include a Special Health Authority.

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(9)   

Schedule 12 makes provision with respect to the transfer of staff in connection

with arrangements made by virtue of this section.

 
 

 
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