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 14 — Supplementary
132

207
Index of defined expressions
In this Act the following expressions are defined or otherwise explained by the
provisions indicated—

body established under this Act
section 206(2)

commissioner, in relation to an
section 7(1)

5

NHS contract

contractor, in relation to a
section 57(4)

general dental services contract

contractor, in relation to a
section 42(5)

general medical services

10

contract

fraud case
section 107(3)

general dental services contract
section 57(2)

general medical services
section 42(2)

contract

15

general ophthalmic services
section 71(10)

NHS body
section 22(6)

LPS scheme
paragraph 1(2) of Schedule 7

NHS contract
section 7(1)

NHS trust order
section 18(2)

20

ophthalmic list
section 72(7)

optical appliances
section 128(5)

pharmaceutical list
section 83(11)

pharmaceutical services
section 80(8)

pilot scheme
section 92(2)

25

practitioner
section 107(9)

primary dental services
section 56

primary medical services
section 41

purposes of a hospital
section 206(3)

provider, in relation to an NHS
section 7(1)

30

contract

relevant dental service
section 125(4)

section 50 arrangements
section 50(7)

section 64 arrangements
section 64(7)

National Health Service (Wales) Bill [HL]
Part 14 — Supplementary
133

special trustees
section 160(1)

supplementary list
section 105(2)

terms of service
section 104(7)

unsuitability case
section 107(4)

208
Commencement
5
(1)
Subject to this section, this Act comes into force on 1st March 2007.
(2)
In this section—
(a)
“the 1977 Act” means the National Health Service Act 1977 (c. 49), and
(b)
“the 2006 Act” means the Health Act 2006 (c. 28).
(3)
Subsection (4) applies to—
10
(a)
subsections (1) and (2) of section 40 of the Health and Social Care Act
2001 (c. 15) and section 28J of, and Schedule 8A to, the 1977 Act as
inserted by those subsections (see section 102 of, and Schedule 7 to, this
Act),
(b)
subsection (7) of section 45 of the Nationality, Immigration and Asylum
15
Act 2002 (c. 41) and paragraph 2(2B) of Schedule 8 to the 1977 Act as
substituted by that subsection (see paragraph 2(7) of Schedule 15 to this
Act),
(c)
paragraph 3 of the Schedule to the Smoking, Health and Social Care
(Scotland) Act 2005 (Consequential Modifications) (England, Wales
20
and Northern Ireland) Order 2006 (S.I. 2006/1056) and section 41B(2)
and (6)(b) of the 1977 Act as amended by that paragraph (see section 82
of this Act),
(d)
sub-paragraphs (a) and (b) of paragraph 5 of that Schedule and section
4A(1) and (3) of the National Health Service and Community Care Act
25
1990 (c. 19) as amended by those sub-paragraphs (see section 9 of this
Act),
(e)
sub-paragraph (c) of paragraph 5 of that Schedule and section 4A(4) of
the National Health Service and Community Care Act 1990 as added by
that sub-paragraph (see section 9 of this Act),
30
(f)
section 34 of the 2006 Act, and section 42B of the 1977 Act as inserted by
that section (see section 85 of this Act),
(g)
section 35 of the 2006 Act, and subsections (2B) and (2C) of section 42 of
the 1977 Act as inserted by that section (see section 83 of this Act),
(h)
subsection (1) of section 36 of the 2006 Act, and section 43(2) of the 1977
35
Act as substituted by that subsection (see section 86 of this Act),
(i)
subsection (2) of section 42 of the 2006 Act, and paragraph 2A(1)(b) of
Schedule 12 to the 1977 Act as substituted by that subsection (see
section 129 of this Act),
(j)
sections 44 to 55 of the 2006 Act, and sections 76 to 78 of that Act so far
40
as relating to those sections (see Part 10 of this Act),
(k)
section 56 of, and paragraph 24(a) of Schedule 8 to, that Act and—
(i)
section 98 of the 1977 Act as substituted by section 56 of that Act,
and
(ii)
Schedule 12B to the 1977 Act as inserted by that section,
45

(see section 178 of, and Schedule 9 to, this Act),

National Health Service (Wales) Bill [HL]
Part 14 — Supplementary
134

(l)
paragraphs 7(2) and (3), 29 and 46 of Schedule 8 to, the 2006 Act (which
relate to primary ophthalmic services) and—
(i)
the 1977 Act,
(ii)
section 4A of the National Health Service and Community Care
Act 1990 (c. 19), and
5
(iii)
Schedule 1 to the Health and Social Care Act 2001 (c. 15),

to the extent that a provision mentioned in any of sub-paragraphs (i) to
(iii), as amended by any of those provisions of the 2006 Act, relates to
primary ophthalmic services,
(m)
paragraphs 10, 12(b), 13(3) and (4), 14, 18, 19, 21(a) and 24(b) of
10
Schedule 8 to the 2006 Act (which relate to the substitution of
“optometrist” for “ophthalmic optician”) and any provision of the 1977
Act as amended by such a provision.
(4)
To the extent that—
(a)
this Act re-enacts a provision to which this subsection applies, and
15
(b)
the provision has not come into force before the commencement of this
Act,

the re-enactment by this Act of the provision does not come into force until the
provision which is re-enacted comes into force; and the re-enactment comes
into force immediately after, and to the extent that, the provision which is re-
20
enacted comes into force.
(5)
Accordingly, the re-enactment by this Act of the provision does not affect any
power to bring the provision into force.
209
Short title, extent and application
(1)
This Act may be cited as the National Health Service (Wales) Act 2006.
25
(2)
This Act extends to England and Wales only.
(3)
The Secretary of State may by order provide that this Act, in its application to
the Isles of Scilly, has effect with such modifications as may be specified in the
order.
(4)
An order under subsection (3) has effect as if made under the National Health
30
Service Act 2006 (c. 00) (and accordingly, sections 272 and 273 of that Act apply
to any such order).

National Health Service (Wales) Bill [HL]
Schedule 1 — Further provision about the Welsh Ministers and services under this Act
135

Schedules
Schedule 1
Section 5

Further provision about the Welsh Ministers and services under this Act
Medical inspection of pupils
1
The Welsh Ministers must provide for the medical inspection at appropriate
5
intervals of pupils in attendance at schools maintained by local education
authorities and for the medical treatment of such pupils.
2     (1)
The Welsh Ministers may, by arrangement with any local education
authority, provide for any medical inspection or treatment of—
(a)
senior pupils in attendance at any educational establishment,
10
other than a school, which is maintained by the authority and at
which full-time further education is provided, or
(b)
any child or young person who, in pursuance of section 19 or 319 of
the Education Act 1996 (c. 56), is receiving primary or secondary
education otherwise than at a school.
15
      (2)
The Welsh Ministers may, by arrangement with the proprietor of any
educational establishment which is not maintained by a local education
authority, provide for any medical inspection or treatment of junior or
senior pupils in attendance at the establishment.
      (3)
Sub-paragraphs (1) and (2) do not affect the Welsh Ministers’ powers apart
20
from those sub-paragraphs.
3
An arrangement under paragraph 2(1)(b) may provide for payments by the
proprietor in question.
4
A local education authority may not make an arrangement under paragraph
2(1)(a) unless the governing body of the educational establishment agrees to
25
the arrangement.
5     (1)
Sub-paragraph (2) applies to—
(a)
each local education authority, in respect of the schools which it
maintains (other than foundation, voluntary or foundation special
schools), and
30
(b)
each governing body of a foundation, voluntary or foundation
special school, in respect of the school.
      (2)
The local education authority or governing body must make available to the
Welsh Ministers such accommodation as is appropriate for the purpose of
assisting them to make provision under paragraph 1 in relation to the pupils
35
in attendance at the schools or school in question.

National Health Service (Wales) Bill [HL]
Schedule 1 — Further provision about the Welsh Ministers and services under this Act
136

6
In paragraphs 1 to 5 any expression to which a meaning is given for the
purposes of the Education Act 1996 (c. 56) or the School Standards and
Framework Act 1998 (c. 31) has that meaning.
7
Any charge made under regulations under this Act in respect of the supply
of drugs, medicines or appliances must be disregarded for the purposes of
5
paragraphs 1 and 2.
Contraceptive services
8
The Welsh Ministers must arrange, to such extent as they consider necessary
to meet all reasonable requirements, for—
(a)
the giving of advice on contraception,
10
(b)
the medical examination of persons seeking advice on contraception,
(c)
the treatment of such persons, and
(d)
the supply of contraceptive substances and appliances.
Provision of vehicles for disabled persons
9
The Welsh Ministers may provide vehicles (including wheelchairs) for
15
persons appearing to them to be persons who have a physical impairment
which has a substantial and long-term adverse effect on their ability to carry
out normal day-to-day activities.
10    (1)
Sub-paragraphs (2) and (3) apply in respect of—
(a)
a vehicle provided under paragraph 9, and
20
(b)
a vehicle belonging to a person mentioned in that paragraph.
      (2)
The Welsh Ministers may—
(a)
adapt the vehicle to make it suitable for the circumstances of the
person in question,
(b)
maintain and repair the vehicle,
25
(c)
take out insurance policies relating to the vehicle and pay any duty
with which the vehicle is chargeable under the Vehicle Excise and
Registration Act 1994 (c. 22),
(d)
provide a structure in which the vehicle may be kept, and provide all
material and execute all works necessary to erect the structure.
30
      (3)
The Welsh Ministers may make payments by way of grant towards costs
incurred by a person mentioned in paragraph 9 in respect of any matter
mentioned in sub-paragraph (4) in relation to the vehicle.
      (4)
The matters are—
(a)
the taking of action referred to in sub-paragraph (2),
35
(b)
the purchase of fuel for the purposes of the vehicle, so far as the
cost of the purchase is attributable to duties of excise payable in
respect of the fuel, and
(c)
the taking of instruction in the driving of the vehicle.
      (5)
The powers under sub-paragraph (2) and sub-paragraph (3) may be
40
exercised on such terms and subject to such conditions as the Welsh
Ministers may determine.

National Health Service (Wales) Bill [HL]
Schedule 2 — Local Health Boards
Part 1 — Constitution and membership
137

11
Regulations may provide for any incidental or supplementary matter for
which it appears to the Welsh Ministers necessary or expedient to provide in
connection with—
(a)
the taking of action under paragraph 10(2), or
(b)
the making of any payment under paragraph 10(3).
5
Provision of a microbiological service by the Welsh Ministers
12    (1)
The Welsh Ministers may—
(a)
provide a microbiological service for the control of the spread of
infectious diseases, and
(b)
carry on such other activities as in their opinion can conveniently be
10
carried on in conjunction with that service.
      (2)
The service may include the provision of laboratories.
      (3)
Charges may be made for services or materials supplied.
      (4)
A power under this paragraph may be exercised both for the purposes of the
health service and for other purposes.
15
Powers of the Welsh Ministers in relation to research
13    (1)
The Welsh Ministers may conduct research, or may assist any person to
conduct research, into—
(a)
any matters relating to the causation, prevention, diagnosis or
treatment of illness, and
20
(b)
any such other matters connected with any service provided under
this Act as the Welsh Ministers consider appropriate.
      (2)
Assistance may be given by grants or otherwise.
Schedule 2
Section 11

Local Health Boards
25
Part 1
Constitution and membership
Status
1
Each Local Health Board is a body corporate.
2     (1)
A Local Health Board must not be regarded as the servant or agent of the
30
Crown or as enjoying any status, immunity or privilege of the Crown.
      (2)
A Local Health Board’s property must not be regarded as property of, or
property held on behalf of, the Crown.
Membership
3
The members of a Local Health Board are—
35
(a)
a chairman appointed by the Welsh Ministers,

National Health Service (Wales) Bill [HL]
Schedule 2 — Local Health Boards
Part 1 — Constitution and membership
138

(b)
if the Welsh Ministers consider it appropriate, a vice-chairman
appointed by them,
(c)
officers of the Local Health Board, and
(d)
a number of persons who are not officers of the Local Health Board.
4     (1)
Regulations may make provision about—
5
(a)
the appointment of the chairman, vice-chairman and other members
of a Local Health Board (including any conditions to be fulfilled for
appointment),
(b)
the tenure of office of the chairman, vice-chairman and other
members of a Local Health Board (including the circumstances in
10
which they cease to hold office or may be removed or suspended
from office),
(c)
how many persons may be appointed as members of a Local Health
Board and how many of those members may be officers (a minimum
and maximum number may be specified for both purposes),
15
(d)
the appointment and constitution of any committees of a Local
Health Board (which may include or consist of persons who are not
members of the Local Health Board),
(e)
the appointment and tenure of office of the members of any
committees of a Local Health Board,
20
(f)
the procedure to be followed by a Local Health Board, and by any
committee of the Board, in the exercise of its functions,
(g)
the circumstances in which a person who is not an officer of the
Local Health Board must be treated as if he were such an officer.
      (2)
The power to make provision under paragraphs (c) and (f) of sub-paragraph
25
(1) includes power to make regulations about the number of persons who
may be appointed and the procedure to be followed during the preparatory
period.
      (3)
Any regulations under this paragraph may, in particular, make provision to
deal with cases where the post of any officer of a Local Health Board is held
30
jointly by two or more persons or where the functions of such an officer are
in any other way performed by more than one person.
5
Any reference in this Schedule to a committee of a Local Health Board
includes a reference to sub-committees of, and joint committees and joint
sub-committees including, the Local Health Board.
35
6
The validity of any proceedings of a Local Health Board, or of any of its
committees, is not affected by any vacancy among the members or by any
defect in the appointment of any member.
Staff
7     (1)
A Local Health Board may employ such officers as it considers appropriate.
40
      (2)
A Local Health Board may—
(a)
pay its officers such remuneration and allowances, and
(b)
employ them on such other terms and conditions,

as it considers appropriate.
      (3)
A Local Health Board must—
45
(a)
in exercising its powers under sub-paragraph (2), and