|
| |
|
| |
| |
(a) | provide training for persons employed or likely to be employed by |
| |
the NHS trust or otherwise in the provision of services under this |
| |
| 5 |
(b) | make facilities and staff available in connection with training by a |
| |
university or any other body providing training in connection with |
| |
| |
Joint exercise of functions |
| |
18 | An NHS trust may enter into arrangements for the carrying out, on such |
| 10 |
terms as the NHS trust considers appropriate, of any of its functions jointly |
| |
with any Strategic Health Authority, Primary Care Trust, Special Health |
| |
Authority, Local Health Board or other NHS trust, or any other body or |
| |
| |
Payment for accommodation or services |
| 15 |
19 (1) | According to the nature of its functions, an NHS trust may make |
| |
accommodation or services available for patients who give undertakings (or |
| |
for whom undertakings are given) to pay any charges imposed by the NHS |
| |
trust in respect of the accommodation or services. |
| |
(2) | An NHS trust may exercise the power conferred by sub-paragraph (1) |
| 20 |
| |
(a) | to the extent that its exercise does not to any significant extent |
| |
interfere with the performance by the NHS trust of its functions or of |
| |
its obligations under NHS contracts, and |
| |
(b) | in circumstances specified in directions under section 19, with the |
| 25 |
consent of the Welsh Ministers. |
| |
| |
20 (1) | For the purpose of making additional income available in order better to |
| |
perform its functions, an NHS trust has the powers specified in section 7(2) |
| |
of the Health and Medicines Act 1988 (c. 49) (extension of powers of Welsh |
| 30 |
Ministers for financing the health service). |
| |
(2) | The power conferred by sub-paragraph (1) may be exercised only— |
| |
(a) | to the extent that its exercise does not to any significant extent |
| |
interfere with the performance by the NHS trust of its functions or of |
| |
its obligations under NHS contracts, and |
| 35 |
(b) | in circumstances specified in directions under section 19, with the |
| |
consent of the Welsh Ministers. |
| |
Provision of accommodation and services outside England and Wales |
| |
21 | An NHS Trust may arrange for the provision of accommodation and |
| |
services outside England and Wales. |
| 40 |
|
| |
|
| |
|
Conferral of further powers by order |
| |
22 | The Welsh Ministers may by order confer specific powers on NHS trusts, |
| |
further to those provided for by paragraphs 15 to 21. |
| |
Powers of NHS trusts to enter into externally financed development agreements |
| |
23 (1) | The powers of an NHS trust include power to enter into externally financed |
| 5 |
| |
(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 |
| |
| |
(3) | The Welsh Ministers may give a certificate under this paragraph if— |
| 10 |
(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 NHS trust of any of its functions, and |
| |
(b) | a person proposes to make a loan to, or provide any other form of |
| |
finance for, another party in connection with the agreement. |
| 15 |
(4) | If an NHS trust 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 the externally |
| |
financed development agreement. |
| |
(5) | “Another party” means any party to the agreement other than the NHS trust. |
| 20 |
(6) | The fact that an agreement made by an NHS trust has not been certified |
| |
under this paragraph does not affect its validity. |
| |
Agreements under section 50 or 64 |
| |
24 | An NHS trust may provide services under an agreement made under section |
| |
50 (primary medical services) or section 64 (primary dental services) and |
| 25 |
may do so as a member of a qualifying body (within the meaning given by |
| |
section 51 or section 65). |
| |
| |
25 (1) | An NHS trust may employ such staff as it considers appropriate. |
| |
| 30 |
(a) | pay its staff such remuneration and allowances, and |
| |
(b) | employ them on such other terms and conditions, |
| |
| as it considers appropriate. |
| |
| |
(a) | in exercising its powers under sub-paragraph (2), and |
| 35 |
(b) | otherwise in connection with the employment of its staff, |
| |
| 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 |
| 40 |
persons who, in their opinion, are likely to be affected by the regulations. |
| |
|
| |
|
| |
|
| |
26 (1) | An NHS trust may, for or in respect of such of its employees as it may |
| |
determine, make arrangements for providing pensions, allowances or |
| |
| |
(2) | Such arrangements may include the establishment and administration, by |
| 5 |
the NHS trust or otherwise, of one or more pension schemes. |
| |
(3) | The reference in sub-paragraph (1) to pensions, allowances or gratuities to |
| |
or in respect of employees of an NHS trust includes a reference to pensions, |
| |
allowances or gratuities by way of compensation to or in respect of any of |
| |
the NHS trust’s employees who suffer loss of office or employment or loss |
| 10 |
or diminution of emoluments. |
| |
(4) | This paragraph does not affect the generality of paragraphs 14 and 25. |
| |
| |
27 (1) | An NHS trust may be authorised to purchase land compulsorily for the |
| |
purposes of its functions by means of an order made by the NHS trust and |
| 15 |
confirmed by the Welsh Ministers. |
| |
(2) | Subject to sub-paragraph (3), the Acquisition of Land Act 1981 (c. 67) applies |
| |
to the compulsory purchase of land under this paragraph. |
| |
(3) | No order may be made by an NHS trust under Part 2 of the Acquisition of |
| |
Land Act 1981 with respect to any land unless the proposal to acquire the |
| 20 |
| |
(a) | has been submitted to the Welsh Ministers in such form and together |
| |
with such information as they may require, and |
| |
(b) | has been approved by them. |
| |
| 25 |
| |
28 (1) | The Welsh Ministers may by order dissolve an NHS trust. |
| |
(2) | An order under this paragraph may be made— |
| |
(a) | on the application of the NHS trust concerned, or |
| |
(b) | if the Welsh Ministers consider it appropriate in the interests of the |
| 30 |
| |
(3) | Except where it appears to the Welsh Ministers necessary to make an order |
| |
under this paragraph as a matter of urgency, no such order may be made |
| |
until after the completion of such consultation as may be prescribed. |
| |
29 (1) | If an NHS trust is dissolved under paragraph 28, the Welsh Ministers may |
| 35 |
by order transfer, or provide for the transfer, to themselves or an NHS body |
| |
of such of the property and liabilities of the NHS trust which is dissolved as |
| |
in the opinion of the Welsh Ministers is appropriate; and any such order may |
| |
include provisions corresponding to those of paragraph 9. |
| |
(2) | The liabilities which may be transferred by virtue of sub-paragraph (1) to an |
| 40 |
NHS body include criminal liabilities. |
| |
|
| |
|
| |
|
(3) | An order under this paragraph may make provision in connection with the |
| |
transfer of staff employed by or for the purposes of the NHS trust which is |
| |
dissolved; and such an order may include provisions corresponding to those |
| |
of paragraph 8, including provision for the making of a scheme by such |
| |
Strategic Health Authority, Special Health Authority, Local Health Board or |
| 5 |
other body as may be specified in the order. |
| |
(4) | No order may be made under this paragraph until after completion of such |
| |
consultation as may be prescribed. |
| |
30 (1) | If an NHS trust is dissolved under paragraph 28, the Welsh Ministers or such |
| |
other NHS trust, Strategic Health Authority, Primary Care Trust, Special |
| 10 |
Health Authority or Local Health Board as the Welsh Ministers may direct |
| |
must undertake the responsibility for the continued payment of any such |
| |
pension, allowances or gratuities as, by virtue of paragraph 11(2) or |
| |
paragraph 26, would otherwise have been the responsibility of the NHS |
| |
trust which has been dissolved. |
| 15 |
(2) | Sub-paragraph (1) does not affect the generality of paragraph 29. |
| |
31 | An NHS trust may not be dissolved or wound up except in accordance with |
| |
| |
| |
| 20 |
Use and development of consecrated land and burial grounds |
| |
32 | Section 128 of the Town and Country Planning Act 1971 (c. 78) (use and |
| |
development of consecrated land and burial grounds) applies to consecrated |
| |
land and land comprised in a burial ground, within the meaning of that |
| |
section, which an NHS trust holds for any of its purposes as if— |
| 25 |
(a) | that land had been acquired by the NHS trust as mentioned in |
| |
subsection (1) of that section, and |
| |
(b) | the NHS trust were a statutory undertaker, within the meaning of |
| |
| |
| 30 |
33 (1) | The fixing of the seal of an NHS trust must be authenticated by the |
| |
| |
(a) | of the chairman or of some other person authorised (whether |
| |
generally or specifically) by the NHS trust for that purpose, and |
| |
(b) | of one other director. |
| 35 |
(2) | A document purporting to be duly executed under the seal of an NHS trust |
| |
must be received in evidence and must, unless the contrary is proved, be |
| |
| |
(3) | A document purporting to be signed on behalf of an NHS trust must be |
| |
received in evidence and must, unless the contrary is proved, be taken to be |
| 40 |
| |
|
| |
|
| |
|
| |
| |
“provide” includes manage, |
| |
“operational date” has the meaning given by paragraph 5(5). |
| |
| 5 |
| |
Financial provision about NHS trusts established under section 18 |
| |
Originating capital of NHS trusts |
| |
1 (1) | Each NHS trust has an originating capital of an amount specified in an order |
| |
made by the Welsh Ministers. |
| |
(2) | The originating capital of an NHS trust is an amount representing the excess |
| 10 |
of the valuation of its assets over the amounts of its liabilities. |
| |
(3) | In determining the originating capital of an NHS trust, there must be left out |
| |
of account such assets or liabilities as are, or are of a class, determined for the |
| |
purposes of this paragraph by the Welsh Ministers with the consent of the |
| |
| 15 |
(4) | An NHS trust’s originating capital is deemed to have been issued out of |
| |
moneys paid out of the Welsh Consolidated Fund and is an asset of the |
| |
| |
(5) | An NHS trust’s originating capital is public dividend capital. |
| |
(6) | With the consent of the Treasury, the Welsh Ministers may determine— |
| 20 |
(a) | the dividend which is payable at any time on any public dividend |
| |
capital issued, or treated as issued, to an NHS trust under this Act, |
| |
(b) | the amount of any such public dividend capital which must be |
| |
| |
(c) | any other terms on which any public dividend capital is so issued, or |
| 25 |
| |
(7) | An order under sub-paragraph (1) may be made only with the consent of the |
| |
| |
| |
“assets” means the assets which, on or in connection with the |
| 30 |
establishment of the NHS trust, are or will be transferred to it |
| |
(whether before, on or after its operational date), and |
| |
“liabilities” means the liabilities which are or will be so transferred. |
| |
Financial obligations of NHS trusts |
| |
2 (1) | Each NHS trust must ensure that its revenue is not less than sufficient, |
| 35 |
taking one financial year with another, to meet outgoings properly |
| |
chargeable to revenue account. |
| |
(2) | Each NHS trust must achieve such financial objectives as may from time to |
| |
time be set by the Welsh Ministers with the consent of the Treasury and as |
| |
| 40 |
|
| |
|
| |
|
(3) | Any such objectives may be made applicable to NHS trusts generally, or to |
| |
a particular NHS trust or to NHS trusts of a particular description. |
| |
| |
3 (1) | For the purpose of its functions an NHS trust may borrow (both temporarily, |
| |
by way of overdraft, and longer term) from the Welsh Ministers or from any |
| 5 |
| |
(2) | Sub-paragraph (1) is subject to any direction given by the Welsh Ministers |
| |
under section 19, to the provisions of this paragraph and to any limit |
| |
imposed under this Schedule. |
| |
(3) | An NHS trust may not mortgage or charge any of its assets or in any other |
| 10 |
way use any of its assets as security for a loan. |
| |
(4) | The Welsh Ministers must determine the terms of any loan made by them to |
| |
an NHS trust (including terms as to the payment of interest, if any). |
| |
| |
4 (1) | The Welsh Ministers may guarantee, in such manner and on such conditions |
| 15 |
as they consider appropriate the repayments of the principal of, and the |
| |
payment of interest on, any sums which an NHS trust borrows from a |
| |
person other than the Welsh Ministers. |
| |
(2) | Immediately after a guarantee is given under this paragraph, a statement of |
| |
the guarantee must be laid before the National Assembly for Wales. |
| 20 |
(3) | Where any sum is issued for fulfilling a guarantee so given, a statement |
| |
relating to that sum must be laid before the National Assembly for Wales as |
| |
soon as possible after the end of each financial year beginning with that in |
| |
which the sum is issued and ending with that in which all liability in respect |
| |
of the principal of the sum and in respect of interest on it is finally |
| 25 |
| |
(4) | If any sums are issued in fulfilment of a guarantee given under this |
| |
paragraph, the NHS trust concerned must make to the Welsh Ministers, at |
| |
such times and in such manner as they may from time to time direct— |
| |
(a) | payments of such amounts as the Welsh Ministers so direct in or |
| 30 |
towards repayment of the sums so issued, and |
| |
(b) | payments of interest, at such rates as the Welsh Ministers so direct, |
| |
on what is outstanding for the time being in respect of sums so |
| |
| |
| 35 |
5 | The aggregate of all sums borrowed by NHS trusts which are required to |
| |
provide or manage services at or from hospitals or other establishments or |
| |
facilities which are situated in Wales must not exceed £300 million or such |
| |
other sum not exceeding £600 million as may be specified by order made by |
| |
| 40 |
|
| |
|
| |
|
Additional public dividend capital |
| |
6 | The Welsh Ministers may, with the consent of the Treasury, instead of |
| |
making a loan to an NHS trust under paragraph 3, pay an amount to the |
| |
NHS trust as public dividend capital. |
| |
| 5 |
7 (1) | The Welsh Ministers may make a payment to an NHS trust. |
| |
(2) | The payment may be subject to such conditions as they consider |
| |
appropriate, including conditions as to repayment. |
| |
| |
8 (1) | If it appears to the Welsh Ministers that any sum held by an NHS trust |
| 10 |
otherwise than as trustee is surplus to its foreseeable requirements, the trust |
| |
must, if the Welsh Ministers after consultation with the NHS trust so direct, |
| |
pay that sum to the Welsh Ministers. |
| |
(2) | Sub-paragraph (1) applies only where the NHS trust is established to assume |
| |
responsibility for the ownership and management of, or to provide and |
| 15 |
manage, hospitals or other establishments or other facilities which are |
| |
situated in Wales; otherwise, the payment must be made to the Consolidated |
| |
| |
| |
9 (1) | An NHS trust has power to invest money held by it in any investments, |
| 20 |
including investments which do not produce income, specified in directions |
| |
| |
(2) | Sub-paragraph (1) does not apply in relation to money held by an NHS trust |
| |
| |
10 | Any direction under section 19 with respect to the maximum amount which |
| 25 |
an NHS trust may invest in any investments or class of investments may be |
| |
given only with the consent of the Treasury. |
| |
| |
| |
Special Health Authorities established under section 22 |
| |
| 30 |
1 | Each Special Health Authority is a body corporate. |
| |
| |
2 (1) | The Welsh Ministers may pay to— |
| |
(a) | the chairman of a Special Health Authority, and |
| |
(b) | any member of a Special Health Authority who is appointed by the |
| 35 |
| |
| such remuneration as the Welsh Ministers may determine. |
| |
|
| |
|