National Health Service (Wales) Bill [HL]

House of Commons

Session 2005 - 06
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National Health Service (Wales) Bill [HL]

National Health Service (Wales) Bill [HL]
Schedule 10 — Further provision about Community Health Councils
173

Schedule 10
Section 182

Further provision about Community Health Councils
1
Each Community Health Council must —
(a)
represent the interests in the health service of the public in its district,
and
5
(b)
perform such other functions as may be conferred on it by
regulations under paragraph 2.
2
Regulations may make provision about—
(a)
the membership of Councils (including the election by members of a
Council of a member to chair the Council),
10
(b)
the proceedings of Councils,
(c)
the staff, premises and expenses of Councils,
(d)
the discharge of any function of a Council by a committee of the
Council or by a joint committee appointed with another Council,
(e)
the appointment, as members of a committee or joint committee, of
15
persons who are not members of the Council or Councils concerned,
(f)
the consultation of Councils by Local Health Boards, Strategic Health
Authorities, Primary Care Trusts and NHS trusts with respect to
such matters, and on such occasions, as may be prescribed,
(g)
the consideration by Councils of matters relating to the operation of
20
the health service within their districts, and the giving of advice by
Councils to Local Health Boards and NHS trusts on such matters,
(h)
the preparation and publication of reports by Councils,
(i)
matters to be included in any such report,
(j)
the furnishing and publication by Local Health Boards and NHS
25
trusts of comments on reports of Councils,
(k)
the provision of information (including descriptions of information
which are or are not to be provided) to Councils by Local Health
Boards, Strategic Health Authorities, Primary Care Trusts or NHS
trusts,
30
(l)
the provision of information (including descriptions of information
which are or are not to be provided) by Councils to other persons
(including other Councils),
(m)
the provision by Councils on behalf of the Welsh Ministers of the
independent advocacy services required to be provided under
35
section 187,
(n)
the functions to be exercised by Councils in addition to those
exercisable otherwise than by virtue of this Schedule.
3     (1)
The Welsh Ministers may make regulations requiring—
(a)
Local Health Boards,
40
(b)
Strategic Health Authorities,
(c)
Primary Care Trusts,
(d)
NHS trusts,
(e)
local authorities,
(f)
persons providing primary medical services, primary dental services
45
or pharmaceutical services under this Act or the National Health
Service Act 2006 (c. 00),
(g)
persons providing general ophthalmic services under this Act, or

National Health Service (Wales) Bill [HL]
Schedule 11 — Exempt information relating to health services
Part 1 — Descriptions of exempt information
174

(h)
persons providing piloted services (within the meaning of section
92(7) of this Act or section 134(7) of the National Health Service Act
2006 (c. 00)) or LP services (within the meaning of paragraph 1(7) of
Schedule 7 to this Act or paragraph 1(7) of Schedule 12 to that Act),

to allow members of a Council authorised by or under the regulations to
5
enter and inspect, for the purposes of any of the Council’s functions,
premises owned or controlled by those referred to in paragraphs (a) to (h).
      (2)
The Welsh Ministers may also make regulations requiring any other person
who owns or controls premises where services are provided as mentioned
in sub-paragraph (1)(f), (g) or (h) to allow members of a Council authorised
10
by or under the regulations to enter and inspect the premises for the
purposes of any of the Council’s functions.
      (3)
The regulations may in particular make provision as to—
(a)
cases and circumstances in which access must be permitted,
(b)
limitations or conditions to which access must be subject.
15
4
The Welsh Ministers may by regulations—
(a)
provide for the establishment of a body—
(i)
to advise Councils with respect to the performance of their
functions, and to assist Councils in the performance of their
functions, and
20
(ii)
to perform such other functions as may be prescribed, and
(b)
provide for the membership, proceedings, staff, premises and
expenses of that body.
5
The Welsh Ministers may pay to members of Councils and any body
established under paragraph 4 such travelling and other allowances
25
(including compensation for loss of remunerative time) as the Welsh
Ministers may determine.
Schedule 11
Section 186

Exempt information relating to health services
Part 1
30
Descriptions of exempt information
1
Information relating to a particular employee, former employee or applicant
to become an employee of, or a particular office-holder, former office-holder
or applicant to become an office-holder under, a relevant body.
2
Information relating to any particular occupier or former occupier of, or
35
applicant for, accommodation provided by or at the expense of a relevant
body.
3
Information relating to any particular applicant for, or recipient or former
recipient of, any service provided by a relevant body.
4
Information relating to any particular applicant for, or recipient or former
40
recipient of, any financial assistance provided by a relevant body.

National Health Service (Wales) Bill [HL]
Schedule 11 — Exempt information relating to health services
Part 1 — Descriptions of exempt information
175

5
The amount of any expenditure proposed to be incurred by a relevant body
under any particular contract for the acquisition of property or the supply of
goods and services.
6
Any terms proposed or to be proposed by or to a relevant body in the course
of negotiations for a contract for the acquisition or disposal of property or
5
the supply of goods or services.
7
The identity of a relevant body (as well as of any other person, by virtue of
paragraph 6) as the person offering any particular tender for a contract for
the supply of goods or services.
8
Information relating to any consultations or negotiations, or contemplated
10
consultations or negotiations, in connection with any labour relations matter
arising between a relevant body or a Minister of the Crown and employees
of, or office-holders under, a relevant body.
9
Any instructions to counsel and any opinion of counsel (whether or not in
connection with any proceedings) and any advice received, information
15
obtained or action to be taken in connection with—
(a)
any legal proceedings by or against a relevant body, or
(b)
the determination of any matter affecting a relevant body,

(whether, in either case, proceedings have been commenced or are in
contemplation).
20
10
Information relating to a particular person who was included in a list of
persons undertaking to provide services under Part 2 of the National Health
Service Act 1977 (c. 49).
11
Information relating to a particular person who is, or was formerly, included
in, or is an applicant for inclusion in—
25
(a)
a pharmaceutical list or an ophthalmic list, or
(b)
a pharmaceutical list under the National Health Service Act 2006 (c.
00).
12
Information relating to a particular person who—
(a)
provided primary medical services, primary dental services or
30
primary ophthalmic services under a contract under section 28K,
28Q or 28WA of the National Health Service Act 1977, or
(b)
was included in a list under section 28X of that Act.
13    (1)
Information relating to a particular person who—
(a)
is, or was formerly, providing primary medical services or primary
35
dental services under a contract under section 42 or 57,
(b)
is, or was formerly, providing primary ophthalmic services under a
contract under section 117 of the National Health Service Act 2006, or
(c)
is, or was formerly, included in, or is an applicant for inclusion in, a
list under section 49 or 63.
40
      (2)
In this paragraph—
(a)
references to primary medical services and primary dental services
include such services provided under the National Health Service
Act 2006, and
(b)
references to provisions of this Act include references to
45
corresponding provisions of that Act (including in particular in sub-

National Health Service (Wales) Bill [HL]
Schedule 11 — Exempt information relating to health services
Part 3 — Interpretation
176

paragraph (1)(c) a reference to a list under section 123 or section 146
of that Act).
14
Information relating to any particular employee, former employee, or
applicant to become an employee, of a person referred to in paragraph 10,
11, 12 or 13.
5
15
Information relating to the physical or mental health of a particular
individual.
Part 2
Qualifications
16
Information relating to a person of a description specified in any of
10
paragraphs 1 to 4 and 10 to 14 of Part 1 is not exempt information by virtue
of that paragraph unless it relates to an individual of that description in the
capacity indicated by the description.
17
Information falling within paragraph 5 of Part 1 is exempt information if and
so long as disclosure to the public of the amount there referred to would be
15
likely to give an advantage to a person entering into, or seeking to enter into,
a contract with a relevant body in respect of the property, goods or services,
whether the advantage would arise as against that body or as against other
such persons.
18
Information falling within paragraph 6 of Part 1 is exempt information if and
20
so long as disclosure to the public of the terms would prejudice a relevant
body in those or any other negotiations concerning the property or goods or
services.
19
Information falling within paragraph 8 of Part 1 is exempt information if and
so long as disclosure to the public of the information would prejudice a
25
relevant body in those or any other consultations or negotiations in
connection with a labour relations matter arising as mentioned in that
paragraph.
Part 3
Interpretation
30
20
In this Schedule—
“disposal”, in relation to property, includes the granting of an interest
in or right over it,
“employee” means a person employed under a contract of service,
“labour relations matter” means—
35
(a)
any of the matters specified in paragraphs (a) to (g) of section
178(2) of the Trade Union and Labour Relations
(Consolidation) Act 1992 (c. 52) (matters which may be the
subject of a collective agreement), or
(b)
any dispute about a matter falling within paragraph (a),
40
and for the purposes of this definition the enactments mentioned in
paragraph (a), with the necessary modifications, apply in relation to
office-holders under a relevant body as they apply in relation to
employees of a relevant body,

National Health Service (Wales) Bill [HL]
Schedule 12 — Section 33 arrangements: transfer of staff
177

“office-holder”, in relation to a relevant body, means the holder of any
paid office appointments to which are or may be made or confirmed
by the body or by any person who holds any such office or is an
employee of the body.
Schedule 12
5
Section 33

Section 33 arrangements: transfer of staff
Application of Schedule
1
This Schedule applies where, under any arrangements under regulations
under section 33, any functions of a body (“the transferor”) will be exercised
by another body (“the transferee”).
10
Orders transferring staff
2     (1)
The Welsh Ministers may by order transfer to the transferee any specified
description of employees of the transferor.
      (2)
An order may be made under this paragraph only if any prescribed
requirements about consultation have been complied with in relation to
15
each of the employees to be transferred.
Effect of order on contracts of employment
3     (1)
The contract of employment of an employee transferred by an order under
paragraph 2—
(a)
is not terminated by the transfer, and
20
(b)
has effect from the date of the transfer as if originally made between
the employee and the transferee.
      (2)
In particular—
(a)
all the rights, powers, duties and liabilities of the transferor under or
in connection with the employee’s contract of employment are by
25
virtue of this sub-paragraph transferred to the transferee, and
(b)
anything done before the date of the transfer by or in relation to the
transferor in respect of the employee or his contract of employment
is deemed from that date to have been done by or in relation to the
transferee.
30
      (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 transferor or the transferee that he
objects to the transfer.
      (4)
Where an employee objects as mentioned in sub-paragraph (3), his contract
35
of employment with the transferor is terminated immediately before the
date on which the transfer would occur; but he must not be treated, for any
purpose, as having been dismissed by that body.
      (5)
This paragraph does not affect any right of an employee transferred by an
order under paragraph 2 to terminate his contract of employment if a
40
substantial change is made to his detriment in his working conditions; but

National Health Service (Wales) Bill [HL]
Schedule 12 — Section 33 arrangements: transfer of staff
178

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.
Effect of order on pension rights
4     (1)
An order under paragraph 2 may provide that, in the case of an employee of
5
any specified description who is transferred by the order, paragraph 3 does
not apply in relation to—
(a)
so much of the employee’s contract of employment as relates to
relevant pension provisions, or
(b)
any rights, powers, duties or liabilities under or in connection with
10
that contract, or otherwise arising in connection with the employee’s
employment, and relating to such provisions.
      (2)
If an order under paragraph 2 provides as mentioned in sub-paragraph (1),
the order may in relation to any such employee make such provision (if any)
as the Welsh Ministers consider appropriate with respect to all or any of the
15
matters mentioned in paragraphs (a) and (b) of that sub-paragraph.
      (3)
The provision which may be made by virtue of sub-paragraph (2) includes
provision—
(a)
for any such employee’s contract of employment with the transferee
to have effect with any specified modifications,
20
(b)
for relevant pension provisions of any specified description to have
effect in the case of any such employee with any such modifications.
      (4)
In this paragraph “relevant pension provisions” means the provisions of an
occupational pension scheme within the meaning of the Pension Schemes
Act 1993 (c. 48), with the exception (if the order under paragraph 2 so
25
provides) of any provisions of such a scheme falling within a description
specified in the order.
Divided employments
5     (1)
Where an employee will be transferred by an order under paragraph 2 but
will continue to be employed for certain purposes by the transferor, the
30
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 between the employee and the transferee.
      (2)
Where an employee’s contract of employment is divided as provided under
35
sub-paragraph (1)—
(a)
the order must provide for paragraph 3 to have effect in the case of
the employee and his contract of employment subject to appropriate
modifications, and
(b)
paragraph 4 similarly applies only so far as appropriate in
40
connection with the employee’s employment by the transferee.