House of Commons portcullis
House of Commons
Session 2005 - 06
Internet Publications
Other Bills before Parliament

National Health Service (Wales) Bill [HL]


National Health Service (Wales) Bill [HL]
Part 3 — Local authorities and the NHS

18

 

34      

Power of local authorities to make payments

(1)   

A local authority may make payments to a Strategic Health Authority, a

Primary Care Trust or a Local Health Board towards expenditure incurred or

to be incurred by the body in connection with the performance by it of

prescribed functions.

5

(2)   

A payment under this section may be made in respect of expenditure of a

capital or of a revenue nature or in respect of both kinds of expenditure.

(3)   

The Welsh Ministers may by directions prescribe conditions relating to

payments under this section.

(4)   

The power under subsection (3) may in particular be exercised so as to require,

10

in such circumstances as may be specified—

(a)   

repayment of the whole or part of a payment under this section, or

(b)   

in respect of property acquired with payments under this section,

payment of an amount representing the whole or part of an increase in

the value of the property which has occurred since its acquisition.

15

(5)   

No payment may be made under this section in respect of any expenditure

unless the conditions relating to it conform with the conditions prescribed for

payments of that description under subsection (3).

35      

Care Trusts

(1)   

Where—

20

(a)   

an NHS trust is, or will be, a party to any existing or proposed LA

delegation arrangements, and

(b)   

the Welsh Ministers consider that designation of the NHS trust as a

Care Trust would be likely to promote the effective exercise by the NHS

trust of prescribed health-related functions of a local authority (in

25

accordance with the arrangements) in conjunction with prescribed

NHS functions of the NHS trust,

   

the Welsh Ministers may designate the NHS trust as a Care Trust.

(2)   

An NHS trust may, however, be designated only in pursuance of an

application made to the Welsh Ministers jointly by each prescribed body.

30

(3)   

If the application under subsection (2) requests the Welsh Ministers to do so,

they may when designating an NHS trust as a Care Trust make a direction

under subsection (4).

(4)   

The direction is that, while it is designated, the NHS trust may (in addition to

exercising health-related functions of the local authority as mentioned in

35

subsection (1)(b)) exercise such prescribed health-related functions of the local

authority as are specified in the direction in relation to persons in any area so

specified, even though it does not exercise any NHS functions in relation to

persons in that area.

(5)   

Where an NHS trust is designated as a Care Trust under this section—

40

(a)   

its designation may be revoked by the Welsh Ministers at any time—

(i)   

of their own motion, and

(ii)   

after such consultation as they consider appropriate,

(b)   

if an application for the revocation of its designation is made to the

Welsh Ministers by one or more of the parties to the LA delegation

45

 
 

National Health Service (Wales) Bill [HL]
Part 3 — Local authorities and the NHS

19

 

arrangements, its designation must be revoked by the Welsh Ministers

at the earliest time at which they consider it practicable to do so, having

regard, in particular, to any steps that need to be taken in relation to

those arrangements in connection with the revocation.

(6)   

The designation of an NHS trust as a Care Trust under this section must be

5

effected by an order under section 18 which—

(a)   

(in the case of an existing NHS trust) amends the order establishing the

NHS trust so as to change its name to one that includes the words “Care

Trust”, or

(b)   

(in the case of a new NHS trust) establishes the NHS trust with a name

10

that includes those words,

   

and any revocation of its designation must be effected by a further order under

section 18 which makes such provision for changing the name of the NHS trust

as the Welsh Ministers consider expedient.

(7)   

The power of the Welsh Ministers to dissolve an NHS trust includes power to

15

dissolve an NHS trust where they consider that it is appropriate to do so in

connection with the designation of any other NHS trust (whether existing or

otherwise) as a Care Trust.

(8)   

Regulations may make such incidental, supplementary or consequential

provision (including provision amending, repealing or revoking enactments)

20

as the Welsh Ministers consider expedient in connection with the preceding

provisions of this section.

(9)   

Regulations under subsection (8) may, in particular, make provision—

(a)   

prescribing—

(i)   

the manner and circumstances in which, and

25

(ii)   

any conditions which must be satisfied before,

   

an application may be made for an NHS trust to be designated as a Care

Trust under this section, or to cease to be so designated, and the

information to be supplied with such an application,

(b)   

enabling the Welsh Ministers to terminate appointments of persons as

30

members of the board of directors of an NHS trust (or of a committee of

such a trust) where they consider that it is appropriate to do so in

connection with the designation of the NHS trust as a Care Trust,

(c)   

requiring the consent of the Welsh Ministers to be obtained before any

prescribed change is made with respect to the governance of an NHS

35

trust so designated,

(d)   

for supplementing or modifying, in connection with the operation of

subsection (3), any provision made by regulations under section 33.

(10)   

The designation of an NHS trust as a Care Trust under this section does not

affect any of the functions, rights or liabilities of that NHS trust in its capacity

40

as an NHS trust.

(11)   

In connection with the exercise by an NHS trust so designated of any relevant

social services functions under LA delegation arrangements—

(a)   

section 7 of the Local Authority Social Services Act 1970 (c. 42)

(authorities to exercise social services functions under guidance), and

45

(b)   

section 7A of that Act (directions as to exercise of such functions),

   

apply to the NHS trust as if it were a local authority within the meaning of that

Act.

 
 

National Health Service (Wales) Bill [HL]
Part 3 — Local authorities and the NHS

20

 

(12)   

In this section—

“health-related functions” has the meaning given by section 33(8),

“LA delegation arrangements” means arrangements falling within section

33(2)(b), whether or not made in conjunction with any pooled fund

arrangements,

5

“NHS functions” means functions exercisable by an NHS trust in its

capacity as such,

“pooled fund arrangements” means arrangements falling within section

33(2)(a),

“relevant social services functions” means health-related functions which

10

are social services functions within the meaning of the Local Authority

Social Services Act 1970 (c. 42).

36      

Directed partnership arrangements

(1)   

If the Welsh Ministers are of the opinion—

(a)   

that a body to which this section applies (“the failing body”) is not

15

exercising any of its functions adequately, and

(b)   

that it would be likely to lead to an improvement in the way in which

that function is exercised if it were to be exercised—

(i)   

by another body to which this section applies under delegation

arrangements, or

20

(ii)   

in accordance with pooled fund arrangements made with

another such body,

   

the Welsh Ministers may direct those bodies to enter into such delegation

arrangements or pooled fund arrangements in relation to the exercise of the

appropriate function or functions as are specified in the direction.

25

(2)   

In subsection (1) “the appropriate function or functions” means—

(a)   

the function of the failing body mentioned in that subsection, and

(b)   

such other function of that body (if any) as the Welsh Ministers

consider would, if exercised under or in accordance with the

arrangements in question, be likely to contribute to an improvement in

30

the exercise of the function referred to in paragraph (a).

(3)   

The bodies to which this section applies are—

(a)   

Strategic Health Authorities,

(b)   

Primary Care Trusts,

(c)   

NHS trusts,

35

(d)   

Local Health Boards, and

(e)   

local authorities,

   

but in subsections (1) and (2) any reference to functions is, in relation to a local

authority, a reference only to relevant social services functions of the authority.

(4)   

In this section any reference to an improvement in the way in which any

40

function is exercised includes an improvement in the provision to any

individuals of any services to which that function relates.

(5)   

In this section—

“delegation arrangements” means arrangements falling within section

33(2)(b) or (2)(c), whether or not made in conjunction with any pooled

45

fund arrangements,

“health-related functions” has the meaning given by section 33(8),

 
 

National Health Service (Wales) Bill [HL]
Part 3 — Local authorities and the NHS

21

 

“pooled fund arrangements” means arrangements falling within section

33(2)(a),

“relevant social services functions” means health-related functions which

are social services functions within the meaning of the Local Authority

Social Services Act 1970 (c. 42).

5

37      

Further provisions about directions and directed partnership arrangements

(1)   

A direction under section 36(1) (a “principal direction”) may make provision

with respect to—

(a)   

any of the matters with respect to which provision is required to be

made by the specified arrangements by virtue of regulations under

10

section 33, and

(b)   

such other matters as the Welsh Ministers consider appropriate.

(2)   

The Welsh Ministers may in particular (either in a principal direction or in any

subsequent direction) make provision—

(a)   

for the determination, whether—

15

(i)   

by agreement, or

(ii)   

(in default of agreement) by the Welsh Ministers or an arbitrator

appointed by them,

   

of the amount of any payments which need to be made by one body to

another for the purposes of the effective operation of the specified

20

arrangements, and for the variation of any such determination,

(b)   

specifying the manner in which the amount of any such payments must

be so determined (or varied),

(c)   

requiring a body specified in the direction to supply to the Welsh

Ministers or an arbitrator, for the purpose of enabling any such amount

25

to be so determined (or varied), such information or documents as may

be so specified,

(d)   

requiring any amount so determined (or varied) to be paid by and to

such bodies as are specified in the direction,

(e)   

requiring capital assets specified in the direction to be made

30

available by and to such bodies as are so specified.

(3)   

The Welsh Ministers may, when giving a principal direction to any bodies to

which section 36 applies, give such directions to any other such body as they

consider appropriate for or in connection with securing that full effect is given

to the principal direction.

35

(4)   

Before giving a principal direction to any bodies to which section 36 applies,

the Welsh Ministers may—

(a)   

direct either or both of the bodies in question to take such steps

specified in the direction, or

(b)   

give such other directions,

40

   

as the Welsh Ministers consider appropriate with a view to enabling them to

determine whether the principal direction should be given.

(5)   

The revocation of a principal direction does not affect the continued operation

of the specified arrangements.

(6)   

“The specified arrangements”, in relation to a principal direction, means the

45

arrangements specified in the direction in pursuance of section 36(1).

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2006
Revised 12 October 2006