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]
Part 2 — Health service bodies
Chapter 1 — Local Health Boards
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(c)
jointly with any one or more of the bodies mentioned in subsection (3).
(3)
The bodies are—
(a)
Primary Care Trusts,
(b)
NHS trusts, and
(c)
other Local Health Boards.
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(4)
Directions given by the Welsh Ministers may provide—
(a)
for any functions to which this section applies to be exercised, on behalf
of the Local Health Board by whom they are exercisable, by a
committee, sub-committee or officer of the Local Health Board,
(b)
for any functions which, under this section, are exercisable by a Special
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Health Authority to be exercised, on behalf of that Special Health
Authority, by a committee, sub-committee or officer of the Special
Health Authority,
(c)
for any functions which, under this section, are exercisable by a Local
Health Board jointly with one or more other Local Health Boards (but
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not with any NHS trusts) to be exercised, on behalf of the Local Health
Boards in question, by a joint committee or joint sub-committee.
(5)
Subsection (6) applies where, by virtue of subsection (2)(b), a Special Health
Authority exercises functions of a Local Health Board in relation to a general
dental services contract.
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(6)
The Welsh Ministers may by order make provision for the transfer to the
Special Health Authority of the rights and liabilities of the Local Health Board
under the contract (and for their transfer back to the Local Health Board where
the Special Health Authority ceases to exercise the functions).
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Section 50 arrangements and section 64 arrangements
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(1)
Each Local Health Board must, in accordance with regulations, perform such
functions in relation to section 50 arrangements (primary medical services) and
section 64 arrangements (primary dental services) as may be prescribed.
(2)
The regulations may, in particular—
(a)
prescribe functions in relation to training,
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(b)
provide for appeals to the Welsh Ministers or a prescribed body in
relation to prescribed functions.
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Administration and management of services
Each Local Health Board must, in accordance with regulations—
(a)
administer the arrangements made in pursuance of this Act for the
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provision for its area of primary medical services, primary dental
services, general ophthalmic services and pharmaceutical services, and
(b)
perform such management and other functions relating to those
services as may be prescribed.
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Advice for Local Health Boards
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Each Local Health Board must make arrangements with a view to securing that
it receives advice appropriate for enabling it effectively to exercise the
functions exercisable by it from persons with professional expertise relating to
the physical or mental health of individuals.

National Health Service (Wales) Bill [HL]
Part 2 — Health service bodies
Chapter 1 — Local Health Boards
9

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Plans for improving health etc
(1)
Each Local Health Board must, at such times as the Welsh Ministers may direct,
prepare a plan which sets out a strategy for improving—
(a)
the health of the people for whom it is responsible, and
(b)
the provision of health care to such people.
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(2)
Each Local Health Board must keep under review any plan prepared by it
under this section.
(3)
Each of the bodies specified in subsection (4) must participate in the
preparation or review by a Local Health Board of any plan under this section.
(4)
Those bodies are—
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(a)
any local authority whose area falls wholly or partly within the area of
the Local Health Board, and
(b)
any NHS trust which provides services at or from a hospital or other
establishment or facility which falls within the area of the Local Health
Board.
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(5)
In preparing or reviewing any plan under this section, a Local Health Board—
(a)
must consult, or seek the participation of, such persons as the Welsh
Ministers may direct, and
(b)
may consult, or seek the participation of, such other persons as it
considers appropriate.
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(6)
The Welsh Ministers may give directions as to—
(a)
the periods to be covered by plans under this section,
(b)
the action to be taken by Local Health Boards, NHS trusts and local
authorities in connection with the preparation or review of plans under
this section,
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(c)
the matters to be taken into account in connection with the preparation
or review of plans under this section,
(d)
the matters to be dealt with by plans under this section,
(e)
the form and content of plans under this section,
(f)
the publication of plans prepared or reviewed under this section,
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(g)
the sharing of information between Strategic Health Authorities,
Primary Care Trusts, NHS trusts, Local Health Boards and local
authorities in connection with the preparation or review of plans under
this section or section 24 of the National Health Service Act 2006 (c. 00),
(h)
the provision by Strategic Health Authorities, Primary Care Trusts and
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Local Health Boards of reports or other information to the Welsh
Ministers in connection with plans under this section or section 24 of
the National Health Service Act 2006.
(7)
In exercising its functions—
(a)
a Local Health Board must have regard to any plan prepared or
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reviewed by it, and
(b)
an NHS trust and a local authority must have regard to any plan in
relation to which it has participated.
(8)
For the purposes of this section, the persons for whom a Local Health Board is
responsible are—
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(a)
the people in the area of the Local Health Board, and

National Health Service (Wales) Bill [HL]
Part 2 — Health service bodies
Chapter 3 — Special Health Authorities
10

(b)
such of the people outside the area as may be specified in directions
given by the Welsh Ministers.
(9)
“Health care” means—
(a)
services provided to individuals for or in connection with the
prevention, diagnosis or treatment of illness, and
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(b)
the promotion and protection of public health.
Chapter 2
NHS trusts
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NHS trusts
(1)
The Welsh Ministers may by order establish bodies, called National Health
10
Service trusts (“NHS trusts”), to provide goods and services for the purposes
of the health service.
(2)
An order under subsection (1) is referred to in this Act as “an NHS trust order”.
(3)
No NHS trust order may be made until after the completion of such
consultation as may be prescribed.
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(4)
Schedule 3 makes further provision about NHS trusts.
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Welsh Ministers’ directions to NHS trusts
(1)
The Welsh Ministers may give directions to an NHS trust about its exercise of
any functions.
(2)
The Welsh Ministers may not give directions under this section in respect of
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matters concerning xenotransplantation, surrogacy agreements, embryology
or human genetics.
(3)
Nothing in provision made by or under this or any other Act affects the
generality of subsection (1).
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General duty of NHS trusts
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An NHS trust must exercise its functions effectively, efficiently and
economically.
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Financial provisions relating to NHS trusts
Schedule 4 makes provision about the financing of NHS trusts.
Chapter 3
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Special Health Authorities
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Special Health Authorities
(1)
The Welsh Ministers may by order establish special bodies for the purpose of
exercising any functions which may be conferred on them by or under this Act.

National Health Service (Wales) Bill [HL]
Part 2 — Health service bodies
Chapter 3 — Special Health Authorities
11

(2)
The Welsh Ministers may make such further provision relating to a body
established under subsection (1) as they consider appropriate.
(3)
A body established under this section is called a Special Health Authority.
(4)
An order may, in particular, contain provisions as to—
(a)
the membership of the body established by the order,
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(b)
the transfer to the body of officers, property and liabilities, and
(c)
the name of the body.
(5)
The liabilities which may be transferred by virtue of this section, section
203(10) and section 204(1) to an NHS body on the abolition of a Special Health
Authority include criminal liabilities.
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(6)
In this Act (apart from in Schedule 12) “NHS body” means—
(a)
a Strategic Health Authority,
(b)
a Primary Care Trust,
(c)
an NHS trust,
(d)
a Special Health Authority,
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(e)
an NHS foundation trust, and
(f)
a Local Health Board.
(7)
The Welsh Ministers must, before they make an order under this section,
consult with respect to the order such bodies as they may recognise as
representing officers who in the opinion of the Welsh Ministers are likely to be
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transferred or affected by transfers in pursuance of the order.
(8)
Schedule 5 makes further provision about Special Health Authorities.
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Welsh Ministers’ directions to Special Health Authorities
(1)
The Welsh Ministers may give directions to a Special Health Authority about
its exercise of any functions.
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(2)
The Welsh Ministers may not give directions under this section in respect of
matters concerning xenotransplantation, surrogacy agreements, embryology
or human genetics.
(3)
Nothing in provision made by or under this or any other Act affects the
generality of subsection (1).
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Exercise of health service functions by Special Health Authorities
(1)
The Welsh Ministers may direct a Special Health Authority to exercise any of
the functions of the Welsh Ministers relating to the health service which are
specified in the directions.
(2)
Subsection (1) does not apply to the functions of the Welsh Ministers in relation
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to pilot schemes.
(3)
The functions which may be specified in directions include functions under
enactments relating to mental health and care homes.