|
| |
| |
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. |
| |
| |
| 15 |
Intervention orders and default powers |
| |
| |
(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 |
| 20 |
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 |
| |
| |
| they may make an order under this section in respect of the body (an |
| 25 |
| |
(3) | An intervention order may make any provision authorised by section 27 |
| |
(including any combination of such provisions). |
| |
27 | Effect of intervention orders |
| |
| 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— |
| |
| |
(b) | those specified in the order, |
| |
| |
| |
|
| |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(b) | is so performed in such a way as to achieve such objectives as are so |
| 20 |
| |
| 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 |
| |
| |
(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 |
| 30 |
in the case of an NHS trust to the membership of its board of directors), |
| |
| |
(b) | the procedure of the body. |
| |
(8) | The intervention order may provide in relation to any provision specified in |
| |
| 35 |
(a) | that it does not apply in relation to the body while the order remains in |
| |
| |
(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. |
| |
| |
(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 |
| |
| |
|
| |
| |
(a) | has failed to carry out any functions conferred or imposed on it by 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 |
| |
| |
(a) | must provide for the appointment, in accordance with the provisions |
| |
of this Act, of new members of the body, and |
| 10 |
(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 |
| |
(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— |
| |
| |
| |
(c) | Special Health Authorities, |
| 40 |
(d) | the Commission for Healthcare Audit and Inspection, and |
| |
(e) | the Health Protection Agency, |
| |
| |
| |
|
| |
| |
| 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 |
| |
| |
(4) | If the Welsh Ministers so direct, a body which is eligible to participate in a |
| 10 |
| |
(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 |
| |
| 15 |
(6) | Subsections (4) and (5) do not affect any other power of direction of the Welsh |
| |
| |
(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— |
| |
| |
| 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. |
| |
| |
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 |
| |
| |
(a) | any Local Health Board, and |
| |
(b) | so far as relates to their functions under this Act, the Welsh Ministers. |
| |
| |
| |
|
| |
| |
(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 |
| |
| |
(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 |
| |
| |
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 |
| |
| |
(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 |
| |
(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 |
| 25 |
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 |
| |
(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 |
| |
| |
(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 |
| |
| |
| |
|
| |
| |
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 |
| |
| 5 |
(f) | as to the responsibility for, and the operation and management of, |
| |
| |
(g) | as to the sharing of information between NHS bodies and local |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(c) | the drawing up and implementation of plans in respect of prescribed |
| |
| |
(d) | the monitoring of prescribed arrangements, |
| 20 |
(e) | the provision of reports on, and information about, prescribed |
| |
| |
(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— |
| 25 |
(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, |
| |
| |
(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 |
| |
| |
(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 |
| 35 |
individuals of any services to which those functions relate. |
| |
| |
“health-related functions”, in relation to a local authority, means |
| |
functions of the authority which, in the opinion of the Welsh |
| |
| 40 |
(a) | have an effect on the health of any individuals, |
| |
(b) | have an effect on, or are affected by, any functions of NHS |
| |
| |
(c) | are connected with any functions of NHS bodies, |
| |
“NHS body” does not include a Special Health Authority. |
| 45 |
(9) | Schedule 12 makes provision with respect to the transfer of staff in connection |
| |
with arrangements made by virtue of this section. |
| |
| |
| |
|
