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National Health Service (Wales) Bill [HL]


National Health Service (Wales) Bill [HL]
Schedule 3 — NHS trusts established under section 18
Part 2 — Powers and duties

153

 

Training

17         

An NHS trust may—

(a)   

provide training for persons employed or likely to be employed by

the NHS trust or otherwise in the provision of services under this

Act, and

5

(b)   

make facilities and staff available in connection with training by a

university or any other body providing training in connection with

the health service.

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

individual.

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

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

(b)   

in circumstances specified in directions under section 19, with the

25

consent of the Welsh Ministers.

Additional income

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

 

 

National Health Service (Wales) Bill [HL]
Schedule 3 — NHS trusts established under section 18
Part 2 — Powers and duties

154

 

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

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

Ministers.

      (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).

Staff

25    (1)  

An NHS trust may employ such staff as it considers appropriate.

      (2)  

An NHS trust may—

30

(a)   

pay its staff such remuneration and allowances, and

(b)   

employ them on such other terms and conditions,

           

as it considers appropriate.

      (3)  

An NHS trust must—

(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

Ministers.

      (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.

 

 

National Health Service (Wales) Bill [HL]
Schedule 3 — NHS trusts established under section 18
Part 3 — Dissolution

155

 

Pensions, etc.

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

gratuities.

      (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.

Compulsory acquisition

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

land compulsorily—

(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.

Part 3

25

Dissolution

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

health service.

      (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.

 

 

National Health Service (Wales) Bill [HL]
Schedule 3 — NHS trusts established under section 18
Part 4 — Miscellaneous

156

 

      (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

paragraph 28.

Part 4

Miscellaneous

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

that Act.

Instruments etc.

30

33    (1)  

The fixing of the seal of an NHS trust must be authenticated by the

signature—

(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

taken to be so executed.

      (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

so signed.

 

 

National Health Service (Wales) Bill [HL]
Schedule 4 — Financial provision about NHS trusts established under section 18

157

 

Interpretation

34         

In this Schedule—

“provide” includes manage,

“operational date” has the meaning given by paragraph 5(5).

Schedule 4

5

Section 21

 

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

Treasury.

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

Welsh Consolidated Fund.

      (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

repaid at any time,

(c)   

any other terms on which any public dividend capital is so issued, or

25

treated as issued.

      (7)  

An order under sub-paragraph (1) may be made only with the consent of the

Treasury.

      (8)  

In this paragraph—

“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

are applicable to it.

40

 

 

National Health Service (Wales) Bill [HL]
Schedule 4 — Financial provision about NHS trusts established under section 18

158

 

      (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.

Borrowing

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

other person.

      (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).

Guarantees of borrowing

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

discharged.

      (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

issued.

Limits on indebtedness

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

the Welsh Ministers.

40

 

 

National Health Service (Wales) Bill [HL]
Schedule 5 — Special Health Authorities established under section 22

159

 

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.

Supplementary payments

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.

Surplus funds

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

Fund.

Investment

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

under section 19.

      (2)  

Sub-paragraph (1) does not apply in relation to money held by an NHS trust

as trustee.

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.

Schedule 5

Section 22

 

Special Health Authorities established under section 22

Corporate status

30

1          

Each Special Health Authority is a body corporate.

Pay and allowances

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

Welsh Ministers,

           

such remuneration as the Welsh Ministers may determine.

 

 

 
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