|
| |
|
(b) | otherwise in connection with the employment of its officers, |
| |
| act in accordance with regulations, and any directions given by the Welsh |
| |
| |
(4) | Before making any regulations under sub-paragraph (3), the Welsh |
| |
Ministers must consult such bodies as they may recognise as representing |
| 5 |
persons who, in their opinion, are likely to be affected by the regulations. |
| |
8 (1) | The Welsh Ministers may direct a Local Health Board— |
| |
(a) | to make the services of any of its officers available to another Local |
| |
| |
(b) | to employ any person who is or was employed by another Local |
| 10 |
Health Board and is specified in the direction. |
| |
(2) | Sub-paragraph (1) does not affect the generality of section 12. |
| |
(3) | Before they give a direction under sub-paragraph (1) the Welsh Ministers |
| |
| |
(a) | consult the person whose services will be made available or who will |
| 15 |
| |
(b) | satisfy themselves that the Local Health Board has consulted that |
| |
| |
(c) | consult any such body as the Welsh Ministers may recognise as |
| |
representing that person. |
| 20 |
(4) | Sub-paragraph (2) does not apply in relation to a direction under sub- |
| |
paragraph (1)(a) if the Welsh Ministers— |
| |
(a) | consider it necessary to give the direction for the purpose of |
| |
dealing temporarily with an emergency, and |
| |
(b) | have previously consulted bodies recognised by the Welsh Ministers |
| 25 |
as representing the person whose services are to be made available |
| |
about the giving of directions for that purpose. |
| |
9 | In addition to making provision in relation to Strategic Health Authorities |
| |
and Special Health Authorities, regulations under paragraph 7(8) of |
| |
Schedule 2 to the National Health Service Act 2006 (c. 00) and under |
| 30 |
paragraph 3(8) of Schedule 6 to that Act may also provide— |
| |
(a) | for the transfer of officers of one Local Health Board to another, and |
| |
(b) | for arrangements under which the officers of a Local Health Board |
| |
are placed at the disposal of another Local Health Board or a local |
| |
| 35 |
Remuneration, pensions etc of members |
| |
10 (1) | A Local Health Board may pay the chairman, the vice-chairman (if any) and |
| |
any other members of the Board such remuneration and such travelling and |
| |
other allowances as may be determined by the Welsh Ministers. |
| |
(2) | A Local Health Board may pay the chairman or any person who has been |
| 40 |
chairman of the Board such pension, allowance or gratuity as may be |
| |
determined by the Welsh Ministers. |
| |
(3) | A Local Health Board may pay the members of any committee of a Board |
| |
such travelling and other allowances as may be determined by the Welsh |
| |
| 45 |
|
| |
|
| |
|
(4) | If, when a person ceases to be chairman of a Local Health Board, the Welsh |
| |
Ministers determine that there are special circumstances which make it right |
| |
that that person should receive compensation, the Board must pay to him a |
| |
sum by way of compensation of such amount as the Welsh Ministers may |
| |
| 5 |
| |
| |
11 (1) | An LHB order must specify— |
| |
(a) | the name of the Local Health Board, and |
| |
(b) | the operational date of the Local Health Board. |
| 10 |
(2) | The operational date of a Local Health Board is the date on which functions |
| |
exercisable by it may be undertaken fully by the Board. |
| |
12 (1) | An LHB order may provide for the establishment of a Local Health Board |
| |
with effect from a date earlier than the operational date. |
| |
(2) | During the period beginning with that earlier date and ending with the day |
| 15 |
immediately preceding the operational date (referred to in this Schedule as |
| |
the preparatory period), the exercise of any functions by the Board must be |
| |
limited to such exercise as may be specified in the LHB order for the purpose |
| |
of enabling it to begin to operate satisfactorily with effect from the |
| |
| 20 |
| |
| |
| |
13 (1) | Subject to sub-paragraph (3), a Local Health Board may do anything which |
| |
appears to it to be necessary or expedient for the purposes of or in |
| 25 |
connection with its functions. |
| |
(2) | In particular it may— |
| |
(a) | acquire and dispose of property, |
| |
(b) | enter into contracts, |
| |
(c) | accept gifts of property (including property to be held on trust, either |
| 30 |
for the general or any specific purposes of the Local Health Board or |
| |
for any purposes relating to the health service). |
| |
(3) | A Local Health Board may not do anything mentioned in sub-paragraph (2) |
| |
without the consent of the Welsh Ministers (which may be given in general |
| |
terms covering one or more descriptions of case). |
| 35 |
| |
14 (1) | Any rights acquired, or liabilities (including liabilities in tort) incurred, in |
| |
respect of the exercise by a Local Health Board of any function exercisable |
| |
by it by virtue of section 12 or 13 are enforceable by or against that Local |
| |
Health Board (and not against any other body or the Welsh Ministers). |
| 40 |
|
| |
|
| |
|
(2) | This paragraph does not apply in relation to the joint exercise of any |
| |
functions by a Local Health Board with another body under section 13(2)(c). |
| |
Making accommodation or services available |
| |
15 (1) | A Local Health Board may— |
| |
(a) | make available at a hospital for which it has responsibility |
| 5 |
accommodation or services for patients who give undertakings (or |
| |
for whom undertakings are given) to pay any charges imposed by |
| |
the Local Health Board in respect of the accommodation or services, |
| |
| |
(b) | make and recover charges in respect of such accommodation or |
| 10 |
services and calculate them on any basis that it considers to be the |
| |
appropriate commercial basis. |
| |
(2) | A Local Health Board may exercise the power conferred by sub-paragraph |
| |
(1) only if it is satisfied that its exercise— |
| |
(a) | does not to any significant extent interfere with the performance by |
| 15 |
the Local Health Board of any function conferred on it under this Act |
| |
to provide accommodation or services of any kind, and |
| |
(b) | does 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- |
| 20 |
resident patients) otherwise than under this section. |
| |
(3) | Before a Local Health Board decides to make accommodation or services |
| |
available under sub-paragraph (1), it must consult organisations |
| |
representative of the interests of persons likely to be affected by the decision. |
| |
(4) | A Local Health Board may allow accommodation or services which are |
| 25 |
made available under sub-paragraph (1) to be so made available in |
| |
connection with treatment in pursuance of arrangements— |
| |
(a) | made by a medical practitioner or dental practitioner serving |
| |
(whether in an honorary or paid capacity) on the staff of a health |
| |
| 30 |
(b) | for the treatment of private patients of that practitioner. |
| |
(5) | References in this paragraph to a health service hospital include references |
| |
to such a hospital within the meaning of section 275 of the National Health |
| |
Service Act 2006 (c. 00), but do not include references to a hospital vested in |
| |
an NHS trust or an NHS foundation trust. |
| 35 |
Powers of Local Health Boards to enter into externally financed development agreements |
| |
16 (1) | The powers of a Local Health Board include power to enter into externally |
| |
financed development agreements. |
| |
(2) | For the purposes of this paragraph, an agreement is an externally financed |
| |
development agreement if it is certified as such in writing by the Welsh |
| 40 |
| |
(3) | The Welsh Ministers may give a certificate under this paragraph if— |
| |
(a) | in their opinion the purpose or main purpose of the agreement is the |
| |
provision of facilities or services in connection with the discharge by |
| |
the Local Health Board of any of its functions, and |
| 45 |
|
| |
|
| |
|
(b) | a person proposes to make a loan to, or provide any other form of |
| |
finance for, another party in connection with the agreement. |
| |
(4) | If a Local Health Board enters into an externally financed development |
| |
agreement it may also, in connection with that agreement, enter into an |
| |
agreement with a person who falls within sub-paragraph (3)(b) in relation to |
| 5 |
the externally financed development agreement. |
| |
(5) | “Another party” means any party to the agreement other than the Local |
| |
| |
(6) | The fact that an agreement made by a Local Health Board has not been |
| |
certified under this paragraph does not affect its validity. |
| 10 |
| |
17 (1) | A Local Health Board may conduct, commission or assist the conduct of |
| |
| |
(2) | A Local Health Board may, in particular, make officers available or provide |
| |
facilities under sub-paragraph (1). |
| 15 |
| |
18 | A Local Health Board may— |
| |
(a) | make officers available in connection with any instruction provided |
| |
under section 63 of the Health Services and Public Health Act 1968 |
| |
| 20 |
(b) | make officers and facilities available in connection with training |
| |
by a university or any other body providing training in connection |
| |
| |
| |
19 | Regulations may make provision in relation to— |
| 25 |
(a) | reports to be prepared by Local Health Boards, |
| |
(b) | information to be supplied by them, |
| |
(c) | their accounts, and the audit and publication of their accounts, |
| |
(d) | the publication of any other document. |
| |
| 30 |
20 (1) | A Local Health Board may be authorised to purchase land compulsorily for |
| |
the purposes of its functions by means of an order made by the Local Health |
| |
Board and confirmed by the Welsh Ministers. |
| |
(2) | The Acquisition of Land Act 1981 (c. 67) applies to the compulsory purchase |
| |
of land under this paragraph. |
| 35 |
(3) | No order may be made by a Local Health Board under Part 2 of the |
| |
Acquisition of Land Act 1981 in respect of any land unless the proposal to |
| |
acquire the land compulsorily— |
| |
(a) | has been submitted to the Welsh Ministers in the form, and with the |
| |
information, required by them, and |
| 40 |
(b) | has been approved by the Welsh Ministers. |
| |
|
| |
|
| |
|
| |
21 (1) | The Welsh Ministers may, if a Local Health Board is dissolved, by order |
| |
transfer (or provide for the transfer) to themselves or to another Local Health |
| |
Board any property or liabilities of the dissolved Board. |
| |
(2) | The liabilities which may be transferred by virtue of sub-paragraph (1) to |
| 5 |
another Local Health Board include criminal liabilities. |
| |
(3) | If any consultation requirements apply, they must be complied with before |
| |
| |
(4) | “Consultation requirements” means requirements about consultation |
| |
contained in regulations. |
| 10 |
| |
22 (1) | The Welsh Ministers may by order (referred to in this paragraph and |
| |
paragraph 23 as a transfer order)— |
| |
(a) | transfer (or provide for the transfer of) any of the property and |
| |
liabilities of a health service authority to a Local Health Board, |
| 15 |
(b) | create or impose (or provide for the creation or imposition of) new |
| |
rights or liabilities in respect of property transferred or retained. |
| |
(2) | Any property and liabilities which— |
| |
(a) | belong to a health service authority other than the Welsh Ministers |
| |
or are used or managed by a Local Health Board, and |
| 20 |
(b) | will be transferred to a Local Health Board by or under a transfer |
| |
| |
| must be identified by agreement between the health service authority and |
| |
the Local Health Board or, in default of agreement, by direction of the Welsh |
| |
| 25 |
(3) | Where a transfer order transfers (or provides for the transfer of)— |
| |
(a) | land held on lease from a third party, or |
| |
(b) | any other asset leased or hired from a third party or in which a |
| |
third party has an interest, |
| |
| the transfer is binding on the third party despite the fact that, apart from this |
| 30 |
sub-paragraph, the transfer would have required the third party’s consent |
| |
| |
(4) | “Third party” means a person other than a health service authority. |
| |
(5) | In this paragraph and paragraph 23, “health service authority” means the |
| |
Welsh Ministers, a Local Health Board or an NHS trust in Wales. |
| 35 |
23 (1) | Stamp duty is not chargeable in respect of any transfer to a Local Health |
| |
Board effected by or under a transfer order. |
| |
(2) | Where it becomes necessary, for the purpose of a transfer by or under a |
| |
transfer order, to apportion any property or liabilities, the order may contain |
| |
such provisions as appear to the Welsh Ministers to be appropriate for the |
| 40 |
| |
(3) | Where a transfer order transfers (or provides for the transfer of) any |
| |
property or rights to which paragraph 22(3) applies, the order must contain |
| |
such provisions as appear to the Welsh Ministers to be appropriate to |
| |
|
| |
|
| |
|
safeguard the interests of third parties (within the meaning of that sub- |
| |
paragraph), including, where appropriate, provision for the payment of |
| |
compensation of an amount to be determined in accordance with the order. |
| |
(4) | A certificate issued by the Welsh Ministers that— |
| |
(a) | any specified property, |
| 5 |
(b) | any specified interest in or right over any property, or |
| |
(c) | any specified right or liability, |
| |
| has been vested in a Local Health Board by or under a transfer order is |
| |
conclusive evidence of that fact for all purposes. |
| |
(5) | “Specified” means specified in the certificate. |
| 10 |
(6) | A transfer order may include provision for matters to be settled by |
| |
arbitration by a person determined in accordance with the order. |
| |
(7) | Paragraph 22 and this paragraph do not affect— |
| |
(a) | any existing power of a health service authority to transfer |
| |
property or liabilities to a Local Health Board, |
| 15 |
(b) | the extent of the power conferred by section 203(10). |
| |
| |
24 (1) | The Welsh Ministers may by order transfer to a Local Health Board any |
| |
specified description of employees to which this paragraph applies. |
| |
(2) | This paragraph applies to employees of— |
| 20 |
(a) | an NHS trust in Wales, |
| |
(b) | a Local Health Board. |
| |
(3) | An order may be made under this paragraph only if any prescribed |
| |
requirements about consultation have been complied with in relation to |
| |
each of the employees to be transferred. |
| 25 |
25 (1) | The contract of employment of an employee transferred under paragraph |
| |
| |
(a) | is not terminated by the transfer, and |
| |
(b) | has effect from the date of the transfer as if originally made |
| |
between the employee and the Local Health Board to which he is |
| 30 |
| |
| |
(a) | all the rights, powers, duties and liabilities of the body from which |
| |
an employee is transferred under paragraph 24 under or in |
| |
connection with his contract of employment are by virtue of this sub- |
| 35 |
paragraph transferred to the Local Health Board to which the |
| |
employee is transferred under that paragraph, and |
| |
(b) | anything done before the date of the transfer by or in relation to |
| |
the body from which he is so transferred in respect of the employee |
| |
or the contract of employment is deemed from that date to have been |
| 40 |
done by or in relation to the Local Health Board to which he is |
| |
| |
(3) | Sub-paragraphs (1) and (2) do not transfer an employee’s contract of |
| |
employment, or the rights, powers, duties and liabilities under or in |
| |
connection with it, if he informs the body from which they would be |
| 45 |
|
| |
|
| |
|
transferred, or the Local Health Board to which they would be transferred, |
| |
that he objects to the transfer. |
| |
(4) | Where an employee objects as mentioned in sub-paragraph (3) his contract |
| |
of employment with the body from which he would be transferred is |
| |
terminated immediately before the date on which the transfer would occur; |
| 5 |
but he must not be treated, for any purpose, as having been dismissed by |
| |
| |
(5) | This paragraph does not affect any right of an employee to which paragraph |
| |
24 applies to terminate his contract of employment if a substantial change is |
| |
made to his detriment in his working conditions. |
| 10 |
(6) | But no such right arises by reason only that under this paragraph the |
| |
identity of his employer changes, unless the employee shows that, in all the |
| |
circumstances, the change is a significant change and is to his detriment. |
| |
26 (1) | Where an employee will be transferred by an order under paragraph 24 but |
| |
will continue to be employed for certain purposes by the transferor, the |
| 15 |
order may provide that the contract of employment of the employee is, on |
| |
the date on which the employee is transferred, divided so as to constitute |
| |
two separate contracts of employment between the employee and the |
| |
transferor and the employee and the Local Health Board in question. |
| |
(2) | Where an employee’s contract of employment is divided as provided under |
| 20 |
sub-paragraph (1), the order must provide for paragraph 25 to have effect in |
| |
the case of the employee and his contract of employment subject to |
| |
appropriate modifications. |
| |
27 | Where a Local Health Board is dissolved, an order under paragraph 21 |
| |
includes power to transfer employees of the Local Health Board and the |
| 25 |
order may make any provision in relation to the transfer of those employees |
| |
which is or may be made in relation to the transfer of employees under |
| |
| |
| |
28 | In this Schedule, “NHS trust in Wales” means an NHS trust all or most of |
| 30 |
whose hospitals, establishments and facilities are situated in Wales. |
| |
| |
| |
NHS trusts established under section 18 |
| |
| |
Constitution, establishment, etc |
| 35 |
| |
1 | Each NHS trust is a body corporate. |
| |
2 (1) | An NHS trust must not be regarded as the servant or agent of the Crown or |
| |
as enjoying any status, immunity or privilege of the Crown. |
| |
|
| |
|