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34 | Power of local authorities to make payments |
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(1) | A local authority may make payments to a Strategic Health Authority, a |
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Primary Care Trust or a Local Health Board towards expenditure incurred or |
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to be incurred by the body in connection with the performance by it of |
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(2) | A payment under this section may be made in respect of expenditure of a |
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capital or of a revenue nature or in respect of both kinds of expenditure. |
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(3) | The Welsh Ministers may by directions prescribe conditions relating to |
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payments under this section. |
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(4) | The power under subsection (3) may in particular be exercised so as to require, |
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in such circumstances as may be specified— |
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(a) | repayment of the whole or part of a payment under this section, or |
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(b) | in respect of property acquired with payments under this section, |
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payment of an amount representing the whole or part of an increase in |
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the value of the property which has occurred since its acquisition. |
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(5) | No payment may be made under this section in respect of any expenditure |
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unless the conditions relating to it conform with the conditions prescribed for |
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payments of that description under subsection (3). |
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(a) | an NHS trust is, or will be, a party to any existing or proposed LA |
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delegation arrangements, and |
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(b) | the Welsh Ministers consider that designation of the NHS trust as a |
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Care Trust would be likely to promote the effective exercise by the NHS |
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trust of prescribed health-related functions of a local authority (in |
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accordance with the arrangements) in conjunction with prescribed |
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NHS functions of the NHS trust, |
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| the Welsh Ministers may designate the NHS trust as a Care Trust. |
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(2) | An NHS trust may, however, be designated only in pursuance of an |
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application made to the Welsh Ministers jointly by each prescribed body. |
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(3) | If the application under subsection (2) requests the Welsh Ministers to do so, |
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they may when designating an NHS trust as a Care Trust make a direction |
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(4) | The direction is that, while it is designated, the NHS trust may (in addition to |
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exercising health-related functions of the local authority as mentioned in |
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subsection (1)(b)) exercise such prescribed health-related functions of the local |
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authority as are specified in the direction in relation to persons in any area so |
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specified, even though it does not exercise any NHS functions in relation to |
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(5) | Where an NHS trust is designated as a Care Trust under this section— |
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(a) | its designation may be revoked by the Welsh Ministers at any time— |
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(i) | of their own motion, and |
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(ii) | after such consultation as they consider appropriate, |
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(b) | if an application for the revocation of its designation is made to the |
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Welsh Ministers by one or more of the parties to the LA delegation |
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|
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arrangements, its designation must be revoked by the Welsh Ministers |
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at the earliest time at which they consider it practicable to do so, having |
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regard, in particular, to any steps that need to be taken in relation to |
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those arrangements in connection with the revocation. |
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(6) | The designation of an NHS trust as a Care Trust under this section must be |
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effected by an order under section 18 which— |
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(a) | (in the case of an existing NHS trust) amends the order establishing the |
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NHS trust so as to change its name to one that includes the words “Care |
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(b) | (in the case of a new NHS trust) establishes the NHS trust with a name |
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that includes those words, |
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| and any revocation of its designation must be effected by a further order under |
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section 18 which makes such provision for changing the name of the NHS trust |
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as the Welsh Ministers consider expedient. |
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(7) | The power of the Welsh Ministers to dissolve an NHS trust includes power to |
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dissolve an NHS trust where they consider that it is appropriate to do so in |
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connection with the designation of any other NHS trust (whether existing or |
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otherwise) as a Care Trust. |
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(8) | Regulations may make such incidental, supplementary or consequential |
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provision (including provision amending, repealing or revoking enactments) |
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as the Welsh Ministers consider expedient in connection with the preceding |
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provisions of this section. |
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(9) | Regulations under subsection (8) may, in particular, make provision— |
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(i) | the manner and circumstances in which, and |
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(ii) | any conditions which must be satisfied before, |
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| an application may be made for an NHS trust to be designated as a Care |
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Trust under this section, or to cease to be so designated, and the |
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information to be supplied with such an application, |
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(b) | enabling the Welsh Ministers to terminate appointments of persons as |
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members of the board of directors of an NHS trust (or of a committee of |
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such a trust) where they consider that it is appropriate to do so in |
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connection with the designation of the NHS trust as a Care Trust, |
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(c) | requiring the consent of the Welsh Ministers to be obtained before any |
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prescribed change is made with respect to the governance of an NHS |
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(d) | for supplementing or modifying, in connection with the operation of |
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subsection (3), any provision made by regulations under section 33. |
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(10) | The designation of an NHS trust as a Care Trust under this section does not |
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affect any of the functions, rights or liabilities of that NHS trust in its capacity |
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(11) | In connection with the exercise by an NHS trust so designated of any relevant |
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social services functions under LA delegation arrangements— |
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(a) | section 7 of the Local Authority Social Services Act 1970 (c. 42) |
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(authorities to exercise social services functions under guidance), and |
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(b) | section 7A of that Act (directions as to exercise of such functions), |
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| apply to the NHS trust as if it were a local authority within the meaning of that |
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“health-related functions” has the meaning given by section 33(8), |
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“LA delegation arrangements” means arrangements falling within section |
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33(2)(b), whether or not made in conjunction with any pooled fund |
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“NHS functions” means functions exercisable by an NHS trust in its |
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“pooled fund arrangements” means arrangements falling within section |
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“relevant social services functions” means health-related functions which |
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are social services functions within the meaning of the Local Authority |
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Social Services Act 1970 (c. 42). |
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36 | Directed partnership arrangements |
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(1) | If the Welsh Ministers are of the opinion— |
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(a) | that a body to which this section applies (“the failing body”) is not |
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exercising any of its functions adequately, and |
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(b) | that it would be likely to lead to an improvement in the way in which |
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that function is exercised if it were to be exercised— |
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(i) | by another body to which this section applies under delegation |
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(ii) | in accordance with pooled fund arrangements made with |
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| the Welsh Ministers may direct those bodies to enter into such delegation |
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arrangements or pooled fund arrangements in relation to the exercise of the |
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appropriate function or functions as are specified in the direction. |
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(2) | In subsection (1) “the appropriate function or functions” means— |
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(a) | the function of the failing body mentioned in that subsection, and |
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(b) | such other function of that body (if any) as the Welsh Ministers |
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consider would, if exercised under or in accordance with the |
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arrangements in question, be likely to contribute to an improvement in |
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the exercise of the function referred to in paragraph (a). |
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(3) | The bodies to which this section applies are— |
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(a) | Strategic Health Authorities, |
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(d) | Local Health Boards, and |
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| but in subsections (1) and (2) any reference to functions is, in relation to a local |
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authority, a reference only to relevant social services functions of the authority. |
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(4) | In this section any reference to an improvement in the way in which any |
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function is exercised includes an improvement in the provision to any |
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individuals of any services to which that function relates. |
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“delegation arrangements” means arrangements falling within section |
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33(2)(b) or (2)(c), whether or not made in conjunction with any pooled |
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“health-related functions” has the meaning given by section 33(8), |
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“pooled fund arrangements” means arrangements falling within section |
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“relevant social services functions” means health-related functions which |
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are social services functions within the meaning of the Local Authority |
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Social Services Act 1970 (c. 42). |
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37 | Further provisions about directions and directed partnership arrangements |
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(1) | A direction under section 36(1) (a “principal direction”) may make provision |
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(a) | any of the matters with respect to which provision is required to be |
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made by the specified arrangements by virtue of regulations under |
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(b) | such other matters as the Welsh Ministers consider appropriate. |
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(2) | The Welsh Ministers may in particular (either in a principal direction or in any |
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subsequent direction) make provision— |
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(a) | for the determination, whether— |
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(ii) | (in default of agreement) by the Welsh Ministers or an arbitrator |
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| of the amount of any payments which need to be made by one body to |
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another for the purposes of the effective operation of the specified |
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arrangements, and for the variation of any such determination, |
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(b) | specifying the manner in which the amount of any such payments must |
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be so determined (or varied), |
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(c) | requiring a body specified in the direction to supply to the Welsh |
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Ministers or an arbitrator, for the purpose of enabling any such amount |
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to be so determined (or varied), such information or documents as may |
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(d) | requiring any amount so determined (or varied) to be paid by and to |
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such bodies as are specified in the direction, |
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(e) | requiring capital assets specified in the direction to be made |
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available by and to such bodies as are so specified. |
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(3) | The Welsh Ministers may, when giving a principal direction to any bodies to |
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which section 36 applies, give such directions to any other such body as they |
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consider appropriate for or in connection with securing that full effect is given |
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to the principal direction. |
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(4) | Before giving a principal direction to any bodies to which section 36 applies, |
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(a) | direct either or both of the bodies in question to take such steps |
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specified in the direction, or |
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(b) | give such other directions, |
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| as the Welsh Ministers consider appropriate with a view to enabling them to |
| |
determine whether the principal direction should be given. |
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(5) | The revocation of a principal direction does not affect the continued operation |
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of the specified arrangements. |
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(6) | “The specified arrangements”, in relation to a principal direction, means the |
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arrangements specified in the direction in pursuance of section 36(1). |
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