National Health Service (Wales) Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

National Health Service (Wales) Bill [HL]

National Health Service (Wales) Bill [HL]
Schedule 5 — Special Health Authorities established under section 22
160

      (2)
The Welsh Ministers may provide as they may determine for the payment of
a pension, allowance or gratuity to or in respect of the chairman of a Special
Health Authority.
      (3)
A determination under sub-paragraph (2), so far as it relates to a pension,
may be made only with the approval of the Treasury.
5
      (4)
Where a person ceases to be chairman of a Special Health Authority, and it
appears to the Welsh Ministers that there are special circumstances which
make it right for that person to receive compensation, the Welsh Ministers
may make him a payment of such amount as the Welsh Ministers may
determine.
10
      (5)
The Welsh Ministers may pay to a member of a Special Health Authority, or
of a committee or sub-committee of, or joint committee or joint sub-
committee including, a Special Health Authority, such travelling and other
allowances (including attendance allowance or compensation for the loss of
remunerative time) as the Welsh Ministers may determine.
15
      (6)
Allowances may not be paid under sub-paragraph (5) except in connection
with the exercise, in such circumstances as the Welsh Ministers may
determine, of such functions as they may determine.
      (7)
Payments under this paragraph must be made at such times, and in such
manner and subject to such conditions, as the Welsh Ministers may
20
determine.
Staff
3     (1)
A Special Health Authority may employ such officers as it may determine.
      (2)
A Special Health Authority may—
(a)
pay its officers such remuneration and allowances, and
25
(b)
employ them on such other terms and conditions,

as it may determine.
      (3)
A Special Health Authority must, in exercising its powers under sub-
paragraph (1) or (2), act in accordance with regulations and any directions
given by the Welsh Ministers.
30
      (4)
Regulations and directions under sub-paragraph (3) may make provision
with respect to any matter connected with the employment by a Special
Health Authority of its officers, including in particular provision—
(a)
with respect to the qualifications of persons who may be employed
as officers of a Special Health Authority,
35
(b)
requiring a Special Health Authority to employ a chief officer and
officers of such other descriptions as may be prescribed and to
employ, for the purpose of performing prescribed functions of the
Special Health Authority or any other body, officers having
prescribed qualifications or experience, and
40
(c)
as to the manner in which any officers of a Special Health Authority
must be appointed.
      (5)
A direction under sub-paragraph (3) may relate to a particular officer or
class of officer specified in the direction.

National Health Service (Wales) Bill [HL]
Schedule 5 — Special Health Authorities established under section 22
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      (6)
Regulations and directions under sub-paragraph (3) may provide for
approvals or determinations to have effect from a date specified in them.
      (7)
The date may be before or after the date of giving the approvals or making
the determinations but may not be before if it would be to the detriment of
the officers to whom the approvals or determinations relate.
5
      (8)
Regulations may provide for the transfer of officers from one Special Health
Authority to another Special Health Authority or to a Strategic Health
Authority, and for arrangements under which the services of an officer of a
Special Health Authority are placed at the disposal of another Special Health
Authority, a Strategic Health Authority or a local authority.
10
      (9)
Sub-paragraph (11) applies where the registration of a dental practitioner in
the dentists register is suspended—
(a)
by an interim suspension order under section 32 of the Dentists Act
1984 (c. 24) (interim orders), or
(b)
by a direction or an order of the Health Committee, the Professional
15
Performance Committee or the Professional Conduct Committee of
the General Dental Council under any of sections 27B, 27C or 30 of
that Act following a relevant determination that that practitioner’s
fitness to practise is impaired.
     (10)
For the purposes of sub-paragraph (9), a “relevant determination” that a
20
practitioner’s fitness to practice is impaired is a determination which is
based solely on—
(a)
the ground mentioned in paragraph (b) of subsection (2) of section 27
of the Dentists Act 1984 (deficient professional performance),
(b)
the ground mentioned in paragraph (c) of that subsection (adverse
25
physical or mental health), or
(c)
both those grounds.
     (11)
The suspension does not terminate any contract of employment made
between the dental practitioner and a Special Health Authority, but a person
whose registration is so suspended must not perform any duties under a
30
contract made between him and a Special Health Authority which involves
the practice of dentistry within the meaning of the Dentists Act 1984.
     (12)
Directions may be given—
(a)
by the Welsh Ministers to a Special Health Authority to place the
services of any of its officers at the disposal of another Special Health
35
Authority or of a Strategic Health Authority,
(b)
by the Welsh Ministers to any Special Health Authority to employ as
an officer of the Special Health Authority any person who is or was
employed by another Special Health Authority or by a Strategic
Health Authority and is specified in the direction.
40
     (13)
Regulations made in pursuance of this paragraph may not require that all
consultants employed by a Special Health Authority must be so employed
whole-time.
4     (1)
The Welsh Ministers must, before they make regulations under paragraph 3,
consult such bodies as they may recognise as representing persons who, in
45
their opinion, are likely to be affected by the regulations.

National Health Service (Wales) Bill [HL]
Schedule 5 — Special Health Authorities established under section 22
162

      (2)
The Welsh Ministers must, before they give directions to a Special Health
Authority under paragraph 3(12) in respect of any officer of a Special Health
Authority—
(a)
consult the officer about the directions,
(b)
satisfy themselves that the Special Health Authority of which he is an
5
officer has consulted the officer about the placing or employment in
question, or
(c)
in the case of a direction under paragraph 3(12)(a), consult with
respect to the directions such body as they may recognise as
representing the officer.
10
      (3)
But if the Welsh Ministers—
(a)
consider it necessary to give directions under paragraph 3(12)(a) for
the purpose of dealing temporarily with an emergency, and
(b)
have previously consulted bodies recognised by them as
representing the relevant officers about the giving of directions for
15
that purpose,

the Welsh Ministers may disregard sub-paragraph (2) in relation to the
directions.
Miscellaneous
5
Provision may be made by regulations as to—
20
(a)
the appointment and tenure of office of the chairman, vice-chairman
and members of a Special Health Authority,
(b)
the appointment and tenure of office of any members of a committee
or sub-committee of a Special Health Authority who are not
members of the Special Health Authority,
25
(c)
the appointment and tenure of office of any members of a joint
committee or joint sub-committee including a Special Health
Authority who are not members of the Special Health Authority,
(d)
the circumstances in which a member of a Special Health Authority
who is (or must be regarded as) an officer of the Special Health
30
Authority may be suspended from performing his functions as a
member,
(e)
the appointment and constitution of committees and sub-
committees (and joint committees and joint sub-committees) of (or
including) a Special Health Authority (including any such
35
committees consisting wholly or partly of persons who are not
members of the Special Health Authority in question), and
(f)
the procedure of a Special Health Authority and of such committees
and sub-committees as are mentioned in paragraph (e).
6
Regulations made under this Schedule may make provision (including
40
provision modifying this Schedule) to deal with cases where the post of chief
officer or any other officer of a Special Health Authority is held 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.
7
A Special Health Authority may pay subscriptions, of such amounts as the
45
Welsh Ministers may approve, to the funds of such bodies as the Welsh
Ministers may approve.

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Schedule 5 — Special Health Authorities established under section 22
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8
A Special Health Authority has power to accept gifts of property (including
property to be held on trust, either for the general or any specific purposes
of the Special Health Authority or for any purposes relating to the health
service).
9     (1)
The Welsh Ministers may by order provide for the appointment of trustees
5
for a Special Health Authority to hold property on trust—
(a)
for the general or any specific purposes of the Special Health
Authority (including the purposes of any specific hospital or other
establishment or facility at or from which services are provided by
the Special Health Authority), or
10
(b)
for any purposes relating to the health service.
      (2)
An order under sub-paragraph (1) may—
(a)
make provision as to the persons by whom trustees must be
appointed and generally as to the method of their appointment,
(b)
make any appointment subject to such conditions as may be
15
specified in the order (including conditions requiring the consent of
the Welsh Ministers),
(c)
make provision as to the number of trustees to be appointed,
including provision under which that number may from time to time
be determined by the Welsh Ministers after consultation with such
20
persons as they consider appropriate, and
(d)
make provision with respect to the term of office of any trustee and
his removal from office.
      (3)
Where under sub-paragraph (1) trustees have been appointed for a Special
Health Authority, the Welsh Ministers may by order provide for the transfer
25
of any trust property from the Special Health Authority to the trustees.
10
The proceedings of a Special Health Authority are not invalidated by any
vacancy in its membership or by any defect in a member’s appointment.
11    (1)
A Special Health Authority may—
(a)
make available at a hospital for which it has responsibility
30
accommodation or services for patients who give undertakings (or
for whom undertakings are given) to pay any charges imposed by
the Special Health Authority in respect of the accommodation or
services, and
(b)
make and recover charges in respect of such accommodation or
35
services and calculate them on any basis that it considers to be the
appropriate commercial basis.
      (2)
A Special Health Authority 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
40
the Special Health Authority 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-
45
resident patients) otherwise than under this section.
      (3)
Before a Special Health Authority 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.

National Health Service (Wales) Bill [HL]
Schedule 6 — Pilot schemes
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      (4)
A Special Health Authority may allow accommodation or services which are
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
5
service hospital,
(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
10
an NHS trust or an NHS foundation trust.
12    (1)
Any rights acquired, or liabilities (including liabilities in tort) incurred, in
respect of the exercise by a Special Health Authority of any function
exercisable by it by virtue of section 24 or section 25 are enforceable by or
against that Special Health Authority (and no other body).
15
      (2)
This paragraph does not apply in relation to the joint exercise of any
functions by a Special Health Authority with another body under section
25(1)(b).
13
Provision may be made by regulations with respect to the recording of
information by a Special Health Authority, and the furnishing of
20
information by a Special Health Authority to the Welsh Ministers, another
Special Health Authority or a Strategic Health Authority.
Schedule 6
Section 93

Pilot schemes
How pilot schemes may be initiated
25
1     (1)
A pilot scheme may be made—
(a)
on the initiative of a Local Health Board, or
(b)
in response to a request made by a person wishing to participate in
the scheme.
      (2)
The request referred to in sub-paragraph (1)(b) must—
30
(a)
be made in writing, and
(b)
comply with such requirements (if any) as may be prescribed.
Preliminary steps to be taken
2     (1)
Before making a pilot scheme, the Local Health Board concerned must
prepare proposals for the scheme and submit them to the Welsh Ministers.
35
      (2)
But proposals may be submitted by a Local Health Board only with the
agreement of the other proposed participants.
      (3)
In preparing proposals for a pilot scheme, a Local Health Board must
comply with any directions given to it by the Welsh Ministers as to—
(a)
the matters to be dealt with, and information to be included, in the
40
proposals, and

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Schedule 6 — Pilot schemes
165

(b)
the procedure to be followed by the Local Health Board.
      (4)
Before submitting proposals for a pilot scheme, a Local Health Board must
(in addition to complying with any requirements about consultation
imposed by or under any other enactment) comply with any directions
given to it by the Welsh Ministers about the extent to which, and manner in
5
which, it must consult on the proposals.
      (5)
The Welsh Ministers may give directions—
(a)
requiring a Local Health Board to submit proposals to them,
(b)
as to the matters to which a Local Health Board must have regard in
making any recommendation to the Welsh Ministers when
10
submitting proposals for a pilot scheme,
(c)
as to the form in which any such recommendation must be made,
(d)
requiring Local Health Boards to provide the Welsh Ministers with
summaries (prepared and presented in the manner specified in the
directions) of all requests received by the Local Health Boards during
15
the period specified in the directions.
      (6)
A direction under this paragraph may be given so as to apply—
(a)
generally in circumstances specified in the direction, or
(b)
in relation to a particular case.
Approval
20
3     (1)
If proposals for a pilot scheme are submitted under paragraph 2, the Welsh
Ministers must—
(a)
approve them as submitted,
(b)
make such modifications as they consider appropriate and approve
them as modified, or
25
(c)
reject them.
      (2)
The Welsh Ministers may not approve proposals for a pilot scheme unless
satisfied that they include satisfactory provision for any participant other
than the Local Health Board to withdraw from the scheme if he wishes to do
so.
30
      (3)
When the Welsh Ministers make a decision under this paragraph—
(a)
they must notify the Local Health Board concerned of the decision,
and
(b)
the Local Health Board must, without delay, notify the other
participants in the proposed scheme.
35
Preliminary approval
4     (1)
This paragraph applies if a Local Health Board proposes to make a pilot
scheme but has not determined who the participants, or who all of the
participants, will be.
      (2)
The Local Health Board may apply to the Welsh Ministers for preliminary
40
approval to be given to its proposals.
      (3)
If such an application is made, the Welsh Ministers must—
(a)
give preliminary approval to the proposals as submitted,

National Health Service (Wales) Bill [HL]
Schedule 6 — Pilot schemes
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(b)
make such modifications as they consider appropriate and give
preliminary approval to them as modified, or
(c)
reject them.
      (4)
If a Local Health Board is given preliminary approval, it must take such
steps, with a view to obtaining final approval for the proposed pilot scheme,
5
as the Welsh Ministers may direct.
      (5)
The fact that the Welsh Ministers have given preliminary approval to
proposals for a pilot scheme does not affect their right to refuse to approve
the completed proposals when they are submitted under paragraph 2.
      (6)
Sub-paragraphs (3) to (6) of paragraph 2 apply in relation to an application
10
for preliminary approval of proposals under this paragraph as they apply in
relation to proposals under that paragraph.
Effect of proposals on existing services
5     (1)
Proposals for a pilot scheme submitted under paragraph 2, or included in an
application for preliminary approval of proposals under paragraph 4, must
15
include—
(a)
an assessment by the Local Health Board of the likely effect of the
implementation of the proposals in the area of the Local Health
Board on the services mentioned in sub-paragraph (2),
(b)
any assessment supplied to the Local Health Board by another Local
20
Health Board under sub-paragraph (4).
      (2)
The services are—
(a)
pharmaceutical services,
(b)
local pharmaceutical services provided under existing pilot schemes
or LPS schemes,
25
(c)
primary medical services.
      (3)
If it appears to a Local Health Board that the proposals would, if
implemented, affect any of the services mentioned in sub-paragraph (2)
provided in the area of another Local Health Board, it must consult that
other Local Health Board about the proposals before submitting them under
30
paragraph 2 or including them in an application for preliminary approval
under paragraph 4.
      (4)
A Local Health Board consulted under sub-paragraph (3) must prepare an
assessment of the likely effect of the implementation of the proposals on
those services and supply it to the Local Health Board which consulted it.
35
Guidance
6
The Welsh Ministers may issue guidance about the criteria by reference to
which, as a general rule, powers under paragraph 3 or 4 are likely to be
exercised.
Making a scheme
40
7     (1)
If the Welsh Ministers approve proposals for a pilot scheme under
paragraph 3 and notify the Local Health Board concerned in accordance
with that paragraph, the Local Health Board must implement the proposals
in accordance with directions given by the Welsh Ministers.