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National Health Service (Wales) Bill [HL]


National Health Service (Wales) Bill [HL]
Schedule 14 — Further provision about advisory committees for Wales

179

 

Schedule 13

Section 189

 

Further provision about standing advisory committees

1          

Regulations may make provision with respect to—

(a)   

the appointment,

(b)   

the tenure of office, and

5

(c)   

the vacation of office,

           

of the members of any standing advisory committee.

2          

The Welsh Ministers must appoint a secretary to each standing advisory

committee.

3          

Each standing advisory committee may appoint such sub-committees as it

10

considers appropriate, and as are approved by the Welsh Ministers, to

consider and report on questions referred to it by the standing advisory

committee.

4          

Any such sub-committee may include persons who are not members of the

standing advisory committee.

15

5          

Each standing advisory committee must elect one of the members of the

committee to be chairman of the committee.

6          

Each standing advisory committee has power to regulate its own procedure.

7          

The proceedings of a standing advisory committee are not invalidated by

any vacancy in the membership of the committee, or by any defect in a

20

member’s appointment or qualification.

8          

The Welsh Ministers may make such payments in respect of expenses

incurred by a standing advisory committee as they may determine.

9          

The Welsh Ministers may pay to the members of a standing advisory

committee, or a sub-committee of a standing advisory committee, such

25

travelling and other allowances, including compensation for loss of

remunerative time, as they may determine.

10         

Payments under this Schedule are subject to such conditions as to records,

certificates, or otherwise as the Welsh Ministers may determine.

Schedule 14

30

Section 190

 

Further provision about advisory committees for Wales

1     (1)  

Sub-paragraph (2) applies where the Welsh Ministers are satisfied that a

committee formed for Wales is representative of—

(a)   

any category of persons (other than a category mentioned in section

190(2)) who provide services forming part of the health service, or

35

(b)   

two or more of any of the categories mentioned in that subsection

and paragraph (a).

      (2)  

Where this sub-paragraph applies and the Welsh Ministers are satisfied that

it is in the interests of the health service to recognise the committee, the

Welsh Ministers must recognise the committee and specify a name for it.

40

 

 

National Health Service (Wales) Bill [HL]
Schedule 15 — Further provision about local social services authorities

180

 

      (3)  

Where a committee recognised under sub-paragraph (2) appears to the

Welsh Ministers to represent categories of persons which include a category

mentioned in section 190(2), the Welsh Ministers are not required by virtue

of that subsection to recognise a committee representing persons of that

category.

5

2          

The Welsh Ministers may, by notice in writing served on any member of a

committee, withdraw their recognition of the committee if they consider it

expedient to do so—

(a)   

where the committee is recognised under section 190 or paragraph

1(1)(a), with a view to recognising under paragraph 1(1)(b) another

10

committee representing categories of persons which include the

category represented by the recognised committee, or

(b)   

where the committee is recognised under paragraph 1(1)(b), with a

view to recognising under section 190 and paragraph 1 other

committees which together are representative of the categories in

15

question.

3          

A committee recognised under section 190 or this Schedule must—

(a)   

advise the Welsh Ministers on the provision by them of services of a

kind provided by the categories of persons of whom the committee

is representative, and

20

(b)   

perform such other functions as may be prescribed.

4          

The Welsh Ministers may defray such expenses incurred by a committee in

performing the duty imposed on it by paragraph 3 as the Welsh Ministers

consider reasonable, and those expenses may include travelling and other

allowances and compensation for loss of remunerative time.

25

Schedule 15

Section 192

 

Further provision about local social services authorities

Care of mothers and young children

1          

A local social services authority may, with the approval of the Welsh

Ministers, and to such extent as they may direct must, make arrangements

30

for the care of pregnant women and women who are breast feeding (other

than for the provision of residential accommodation for them).

Prevention, care and after-care

2     (1)  

A local social services authority may, with the approval of the Welsh

Ministers, and to such extent as they may direct must, make the

35

arrangements mentioned in sub-paragraph (2).

      (2)  

The arrangements are for the purpose of the prevention of illness, for the

care of persons suffering from illness and for the after-care of persons who

have been suffering from illness and in particular for—

(a)   

the provision, for persons whose care is undertaken with a view to

40

preventing them from becoming ill, persons suffering from illness

and persons who have been suffering from illness, of centres or other

facilities for training them or keeping them suitably occupied and the

equipment and maintenance of such centres,

 

 

National Health Service (Wales) Bill [HL]
Schedule 15 — Further provision about local social services authorities

181

 

(b)   

the provision, for the benefit of such persons as are mentioned in

paragraph (a), of ancillary or supplemental services, and

(c)   

the exercise of the functions of the local social services authority in

respect of persons suffering from mental disorder who are received

into guardianship under Part 2 or 3 of the Mental Health Act 1983

5

(c. 20) (whether the guardianship of the authority or of other

persons).

      (3)  

A local social services authority may not, and is not under a duty to, make

under this paragraph arrangements to provide facilities for any of the

purposes mentioned in section 15(1) of the Disabled Persons (Employment)

10

Act 1944 (c. 10).

      (4)  

No arrangements under this paragraph may provide for the payment of

money to persons for whose benefit they are made, except in so far as they

fall within sub-paragraph (5).

      (5)  

Arrangements fall within this sub-paragraph if—

15

(a)   

they provide for the remuneration of such persons engaged in

suitable work in accordance with the arrangements of such amounts

as the local social services authority considers appropriate in respect

of their occasional personal expenses, and

(b)   

it appears to the authority that no such payment would otherwise be

20

made.

      (6)  

No arrangements under this paragraph may be given effect to in relation to

a person to whom section 115 of the Immigration and Asylum Act 1999

(c. 33) (exclusion from benefits) applies solely—

(a)   

because he is destitute, or

25

(b)   

because of the physical effects, or anticipated physical effects, of

his being destitute.

      (7)  

Section 95(2) to (7) of that Act apply for the purposes of sub-paragraph (6);

and for that purpose a reference to the Secretary of State in section 95(4) or

(5) is a reference to a local social services authority.

30

      (8)  

The Welsh Ministers may make regulations as to the conduct of premises in

which facilities are provided in pursuance of arrangements made under this

paragraph for persons—

(a)   

who are or have been suffering from mental disorder within the

meaning of the Mental Health Act 1983, or

35

(b)   

whose care is undertaken with a view to preventing them from

becoming sufferers from mental disorder.

      (9)  

“Facilities” means facilities for training such persons or keeping them

suitably occupied.

     (10)  

This paragraph does not apply in relation to persons under the age of 18.

40

     (11)  

No authority is authorised or may be required under this paragraph to

provide residential accommodation for any person.

Research

3     (1)  

A local social services authority may conduct or assist other persons in

conducting research into matters relating to the functions of local social

45

services authorities under this Schedule.

 

 

National Health Service (Wales) Bill [HL]
Schedule 15 — Further provision about local social services authorities

182

 

      (2)  

Sub-paragraph (1) does not affect any powers conferred by any other Act.

 

 

 
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