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
126

(4)
Any grant of permission under this section is on such terms (including terms
as to the payment of charges for the use of the relevant health service
accommodation or facilities pursuant to the permission) as the Welsh Ministers
may from time to time determine.
(5)
The persons to whom this section applies are—
5
(a)
medical practitioners or optometrists who provide services under Part
6,
(b)
medical practitioners, registered pharmacists or other persons who
provide services under Chapter 1 of Part 7,
(c)
chiropodists who provide services under this Act at premises where
10
services are provided under Part 6 or Chapter 1 of Part 7,
(d)
persons providing primary medical services or primary dental services
under a general medical services contract or a general dental services
contract or in accordance with section 50 arrangements or section 64
arrangements.
15
(6)
“Relevant health service accommodation or facilities”, in relation to a person to
whom this section applies, means—
(a)
any accommodation or facilities available at premises provided by the
Welsh Ministers by virtue of this Act, being accommodation or facilities
which that person is authorised to use for purposes of this Act, or
20
(b)
in the case of a person to whom this section applies by virtue of
subsection (5)(c), accommodation or facilities which that person is
authorised to use for purposes of this Act at premises where services
are provided under Part 6 or Chapter 1 of Part 7.
Health service development
25
199
Persons displaced by health service development
(1)
Subsection (2) applies—
(a)
where the carrying out of a scheme for the provision by the Welsh
Ministers in pursuance of this Act of hospital accommodation or other
facilities will involve the displacement from any premises of persons
30
living in the premises, and
(b)
in so far as it appears to the Welsh Ministers that there is no other
residential accommodation suitable for the reasonable requirements of
those persons available on reasonable terms.
(2)
The Welsh Ministers may make arrangements with one or more of the bodies
35
mentioned in subsection (3) for securing the provision, in advance of the
displacement, of residential accommodation which becomes necessary as the
carrying out of the scheme proceeds.
(3)
The bodies are—
(a)
a local housing authority (within the meaning of the Housing Act 1985
40
(c. 68)),
(b)
a housing association or housing trust (within the meaning of the
Housing Associations Act 1985 (c. 69)),
(c)
a development corporation established under the New Towns Act 1981
(c. 64),
45
(d)
the Commission for the New Towns.

National Health Service (Wales) Bill [HL]
Part 13 — Miscellaneous
127

(4)
Arrangements under subsection (2) may include provision for the making of
payments by the Welsh Ministers to the body with whom the arrangements are
made.
Registration of information, etc
200
Special notices of births and deaths
5
(1)
The requirements of this section with respect to the notification of births and
deaths are in addition to, and not in substitution for, the requirements of any
Act relating to the registration of births and deaths.
(2)
Each registrar of births and deaths must furnish, to the Local Health Board the
area of which includes the whole or part of the registrar’s sub-district, such
10
particulars of each birth and death which occurred in the area of the Local
Health Board as are entered in a register of births or deaths kept for that sub-
district.
(3)
Regulations may provide as to the manner in which and the times at which
particulars must be furnished under subsection (2).
15
(4)
In the case of each child born—
(a)
the child’s father, if at the time of the birth he is residing on the
premises where the birth takes place, and
(b)
any person in attendance upon the mother at the time of, or within six
hours after, the birth,
20

must give notice of the birth to the Local Health Board for the area in which the
birth takes place.
(5)
Subsection (4) applies to any child which is born after the expiry of the twenty-
fourth week of pregnancy whether alive or dead.
(6)
Notice under subsection (4) must be given either—
25
(a)
by posting within 36 hours after the birth a prepaid letter or postcard
addressed to the Local Health Board at its offices and containing the
required information, or
(b)
by delivering within that period at the offices of the Local Health Board
a written notice containing the required information.
30
(7)
A Local Health Board must, upon application to it, supply without charge to
any medical practitioner or midwife residing or practising within its area
prepaid addressed envelopes together with the forms of notice.
(8)
Any person who fails to give notice of a birth in accordance with subsection (4)
is liable on summary conviction to a fine not exceeding level 1 on the standard
35
scale, unless he satisfies the court that he believed, and had reasonable grounds
for believing, that notice had been duly given by some other person.
(9)
Proceedings in respect of an offence under subsection (8) must not, without the
Attorney-General’s written consent, be taken by any person other than a party
aggrieved or the Local Health Board concerned.
40
(10)
A registrar of births and deaths must, for the purpose of obtaining information
concerning births which have occurred in his sub-district, have access at all
reasonable times to—
(a)
notices of births received by a Local Health Board under this section, or
(b)
any book in which those notices may be recorded.
45

National Health Service (Wales) Bill [HL]
Part 14 — Supplementary
128

201
Provision of information by Registrar General
(1)
The Registrar General may provide to the Welsh Ministers any information to
which this section applies.
(2)
Any information provided under subsection (1) must be provided in such form
as appears to the Registrar General appropriate for the purpose of assisting the
5
Welsh Ministers in the performance of their functions in relation to the health
service.
(3)
This section applies to any information—
(a)
entered in any register kept under the Births and Deaths Registration
Act 1953 (c. 20),
10
(b)
entered in the Adopted Children Register maintained by the
Registrar General under the Adoption and Children Act 2002 (c. 38), or
(c)
which is kept by the Registrar General under any other enactment and
relates to any birth or death.
(4)
“Enactment” includes an enactment contained in subordinate legislation.
15
Part 14
Supplementary
202
Territorial limit of exercise of functions
The functions of the Welsh Ministers under this Act are exercisable only in
relation to Wales.
20
203
Orders, regulations and directions
(1)
This section does not apply to Part 10 (as to which, see section 157).
(2)
Subject to subsection (3), any power under this Act to make an order or
regulations is exercisable by statutory instrument.
(3)
Subsection (2) does not apply to an order under—
25
(a)
section 26(2),
(b)
section 159(4),
(c)
paragraph 20, 21, 22 or 24 of Schedule 2,
(d)
paragraph 9, 27 or 29 of Schedule 3, or
(e)
paragraph 2 of Schedule 12.
30
(4)
Subject to subsections (5) to (7), a statutory instrument made by virtue of this
Act is subject to annulment in pursuance of a resolution of the National
Assembly for Wales.
(5)
Subsection (4) does not apply to a statutory instrument containing an order
under—
35
(a)
section 18,
(b)
Schedule 3, or
(c)
paragraph 1(1) of Schedule 4.
(6)
A statutory instrument containing an order under section 141(4) may not be
made unless a draft of the instrument has been laid before, and approved by
40
resolution of, the National Assembly for Wales.

National Health Service (Wales) Bill [HL]
Part 14 — Supplementary
129

(7)
If a statutory instrument made by virtue of this Act, which is subject to
annulment in pursuance of a resolution of the National Assembly for Wales—
(a)
contains subordinate legislation made by a Minister of the Crown or
government department (whether or not jointly with the Welsh
Ministers, the First Minister or the Counsel General),
5
(b)
contains subordinate legislation relating to an English border area, or
(c)
contains subordinate legislation relating to a cross-border body (and
not relating only to the exercise of functions, or the carrying on of
activities, by the body in or with respect to Wales or a part of Wales),

the statutory instrument is subject also to annulment in pursuance of a
10
resolution of either House of Parliament.
(8)
In subsection (7), “English border area” and “cross-border body” have the
meaning given by the Government of Wales Act 2006 (c. 32).
(9)
Any power under this Act to make orders, regulations or schemes, and any
power to give directions—
15
(a)
may be exercised either in relation to all cases to which the power
extends, or in relation to those cases subject to specified exceptions, or
in relation to any specified cases or classes of case,
(b)
may be exercised so as to make, as respects the cases in relation to
which it is exercised—
20
(i)
the full provision to which the power extends or any less
provision (whether by way of exception or otherwise),
(ii)
the same provision for all cases in relation to which the power
is exercised, or different provision for different cases or
different classes of case, or different provision as respects the
25
same case or class of case for different purposes of this Act,
(iii)
any such provision either unconditionally or subject to any
specified condition, and
(c)
may, in particular, make different provision for different areas.
(10)
Any such power includes power—
30
(a)
to make such incidental, supplementary, consequential, saving or
transitional provision (including, in the case of a power to make an
order or regulations, provision amending, repealing or revoking
enactments) as the person or body exercising the power considers to be
expedient, and
35
(b)
to provide for a person to exercise a discretion in dealing with any
matter.
204
Further provision about orders and directions under this Act
(1)
Where under or by virtue of any provision of this Act—
(a)
an order may be made, or
40
(b)
directions may be given,

that provision includes power to vary or revoke the order or directions by
subsequent order or by subsequent directions.
(2)
Subsection (1) does not affect section 14(b) of the Interpretation Act 1978 (c. 30).
(3)
A direction under this Act by the Welsh Ministers must be given—
45
(a)
(subject to paragraphs (b) and (c)), by an instrument in writing,
(b)
in the case of a direction under—

National Health Service (Wales) Bill [HL]
Part 14 — Supplementary
130

(i)
section 12(1)(a),
(ii)
section 24 about a function under section 4, 145 or 146, or
(iii)
section 147(2),

by regulations,
(c)
in the case of—
5
(i)
any other direction under section 12,
(ii)
any other direction under section 24, or
(iii)
a direction under section 13, 19, 23, 45, 52(4), 60 or 66(4),

by regulations or an instrument in writing.
(4)
Subsection (3) does not apply to a direction under section 46 (as to which, see
10
that section).
205
Supplementary regulatory powers
Regulations may provide for—
(a)
prescribing the forms and manner of service of notices and other
documents,
15
(b)
prescribing the manner in which documents may be executed or
proved,
(c)
exempting judges and justices of the peace from disqualification by
their liability to rates.
206
Interpretation
20
(1)
In this Act (except where the context otherwise requires)—
“dental practitioner” means a person registered in the dentists register
under the Dentists Act 1984 (c. 24),
“facilities” includes the provision of (or the use of) premises, goods,
materials, vehicles, plant or apparatus,
25
“the FHSAA” means the Family Health Services Appeal Authority,
“financial year” means a period of 12 months ending with 31st March in
any year,
“functions” includes powers and duties,
“goods” include accommodation,
30
“the health service” means the health service continued under section 1(1)
and under section 1(1) of the National Health Service Act 2006 (c. 00),
“health service hospital” means a hospital vested in the Welsh Ministers
for the purposes of their functions under this Act or vested in an NHS
trust,
35
“hospital” means—
(a)
any institution for the reception and treatment of persons
suffering from illness,
(b)
any maternity home, and
(c)
any institution for the reception and treatment of persons
40
during convalescence or persons requiring medical
rehabilitation,
and includes clinics, dispensaries and out-patient departments
maintained in connection with any such home or institution, and
“hospital accommodation” must be construed accordingly,
45

National Health Service (Wales) Bill [HL]
Part 14 — Supplementary
131

“illness” includes mental disorder within the meaning of the Mental
Health Act 1983 (c. 20) and any injury or disability requiring medical or
dental treatment or nursing,
“local authority” means a county council, a county borough council, a
district council, a London borough council, and the Common Council
5
of the City of London,
“local education authority” has the same meaning as in the Education Act
1996 (c. 56),
“local pharmaceutical services” means such services as are prescribed
under section 92(7) or paragraph 1(7) of Schedule 7,
10
“local social services authority” means the council of a non-metropolitan
county, of a county borough or of a metropolitan district or London
borough, or the Common Council of the City of London,
“medical” includes surgical,
“medical practitioner” means a registered medical practitioner within the
15
meaning of Schedule 1 to the Interpretation Act 1978 (c. 30),
“medicine” includes such chemical re-agents as are included in a list
approved by the Welsh Ministers for the purposes of section 80,
“modifications” includes additions, omissions and amendments,
“NHS trust” includes an NHS trust established under the National Health
20
Service Act 2006 (c. 00),
“officer” includes servant,
“optometrist” means a person registered in the register of optometrists
maintained under section 7 of the Opticians Act 1989 (c. 44) or a body
corporate registered in the register of bodies corporate maintained
25
under section 9 of that Act carrying on business as an optometrist,
“patient” includes a woman who is pregnant or breast-feeding or who has
recently given birth,
“prescribed” means prescribed by regulations made by the Welsh
Ministers,
30
“Primary Care Trust” means a body established under section 18 of the
National Health Service Act 2006,
“property” includes rights,
“registered pharmacist” means a pharmacist registered in the register of
pharmaceutical chemists,
35
“regulations” means regulations made by the Welsh Ministers,
“Special Health Authority” includes a Special Health Authority
established under the National Health Service Act 2006,
“Strategic Health Authority” means a body established under section 13
of the National Health Service Act 2006,
40
“university” includes a university college,
“voluntary organisation” means a body the activities of which are carried
on otherwise than for profit, but does not include any public or local
authority.
(2)
In this Act (except where the context otherwise requires) any reference to a
45
body established under this Act or the National Health Service Act 2006
includes a reference to a body continued in existence by virtue of this Act or
that Act.
(3)
Any reference in this Act to the purposes of a hospital is a reference to its
general purposes and to any specific purpose.
50