NHS Reform and Health Care Professions Bill

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Mr. Touhig: Schedule 4 on page 60 inserts new schedule 5B into the National Health Service Act 1977. It sets out provisions for local health boards as regards orders, status, membership and related matters. Under paragraph 5 on page 61, the Assembly will appoint the chairman and, if appropriate, the vice-chairman. Paragraph 13 on page 64 enables the local health boards to do whatever they consider necessary to exercise their functions. Paragraph 17 on page 64 enables the Assembly to make regulations that allow local health boards to produce reports, audit and publish accounts and publish other documents as required.

Mr. Burns: The Minister mentioned earlier that he expected the health boards to act as shadow health boards before 1 April 2003. Where are the statutory provisions to allow for that?

Mr. Touhig: I believe that they are in the existing legislation. When the Bill is enacted, the Assembly will have powers under existing legislation to bring the health boards into existence as shadow bodies.

Mr. Burns: Perhaps the Minister can help me because, as an English Member of Parliament, I am not that familiar with the issue. There are no powers in the Bill to allow health boards in Wales to act as shadow bodies, but how can there already be legislation to allow them to do so if there are no health boards in Wales at present?

Mr. Touhig: I believe that the legislation is already on the statue book and gives the Assembly devolved powers to do that. I am getting advice on the issue, which I shall share with the Committee. Local health groups—I am sorry, but I cannot read the writing. In any case, local health groups already exist as sub-committees of the five local health authorities. We shall enhance the functions of those groups so that they can act as shadow bodies.

Question put and agreed to.

Schedule 4 agreed to.

Column Number: 133

3 pm

Schedule 5

Amendments relating to local health boards

Mr. Touhig: I beg to move amendment No. 117, in page 68, line 14, at end insert—

    'The Public Bodies (Admission to Meetings) Act 1960 (c.67)

    In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), after paragraph 1(gg) there is inserted—

    ''(gh) Local Health Boards;''.

    The Health Services and Public Health Act 1968 (c.46)

    (1) Section 63 of the Health Services and Public Health Act 1968 (provision of instruction for officers of hospital authorities etc.) is amended as follows

    (2) In subsection (1)(a), for ''or Primary Care Trust'' there is substituted '', Primary Care Trust or Local Health Board''.

    (3) In subsection (5A), for ''or Primary Care Trust'', in both places, there is substituted '', Primary Care Trust or Local Health Board''.

    (4) In subsection (5B), the ''and'' at the end of paragraph (bb) is omitted, and after that paragraph there is inserted—

    ''(bbb) Local Health Boards; and''.

    The Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)

    In section 3 of the Employers' Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2)(a)—

    (a) for ''1978 and'' there is substituted ''1978,'', and

    (b) after ''1977'' there is inserted ''and a Local Health Board established under section 16BA of that Act''.'.

The Chairman: With this it will be convenient to take Government amendments 118 to 121.

Mr. Touhig: Amendments Nos. 117 to 121 are essentially technical and consequential to existing legislation to cater for the creation of local health boards. The overall effect is to insert references to local health boards into existing legislation, so that the boards may exercise the appropriate powers and functions of their predecessor bodies and be subject to the appropriate duties existing under current legislation. These technical amendments also guarantee to the boards the necessary status to fulfil their role; the specific role and functions are a matter for the Assembly. I commend them to the Committee.

Mr. Baron: Opposition Members are concerned about the process of decentralisation, and the micromanagement of the PCTs in England by the Secretary of State. Can the Minister help us by explaining what performance targets, if any, will be given to the local health boards by the Welsh Assembly? Is there any micromanagement in that regard?

Mr. Touhig: I am not clear how the hon. Gentleman's question relates to these technical amendments, which seek to permit the amendment of existing legislation in order to take account of the creation of local health boards.

Mr. Baron: For that I apologise. However, I should like an answer to the question, although I appreciate that it does not apply to schedule 5.

Column Number: 134

The Chairman: Order. If it does not apply to the schedule, we should not take it at this point.

Mr. Touhig: If it helps the hon. Gentleman, I shall write to him explaining the point.

Question put and agreed to.

Amendments made: No. 118, in page 68, line 20, at end insert—

    'In section 16C (advice for Health Authorities and Primary Care Trusts), in subsection (2), after ''Primary Care Trusts'' there is inserted ''and Local Health Boards''

    In section 22 (co-operation between health authorities and local authorities), in subsection (1A), the ''or'' at the end of paragraph (c) is omitted and after that paragraph there is inserted—

    ''(cc) a Local Health Board; or''.

    In section 23 (voluntary organisations and other bodies), in subsection (2), for ''or Primary Care Trust'' there is substituted '', Primary Care Trust or Local Health Board''

    In section 26 (supply of goods and services by Secretary of State), in subsection (1)(b), for ''or Primary Care Trust'' there is substituted '', Primary Care Trust or Local Health Board''

    In section 27 (conditions of supply under section 26)—

    (a) in subsection (1), for ''or Primary Care Trust'', in both places, there is substituted '', Primary Care Trust or Local Health Board'', and

    (b) in subsection (3), for ''and Primary Care Trusts'' there is substituted ''Primary Care Trusts and Local Health Boards''.

    In section 28 (supply of goods and services by local authorities)—

    (a) in subsection (1), for ''or Primary Care Trust'' there is substituted ''Primary Care Trust or Local Health Board'', and

    (b) in subsection (3), after ''Primary Care Trusts'', in both places, there is inserted '', Local Health Boards''.

    In section 28A (power to make payments towards expenditure on community services)—

    (a) in subsection (1)—

    (i) the ''and'' at the end of paragraph (a) is omitted, and

    (ii) at the end of paragraph (b) there is inserted ''; and'', and after that paragraph there is inserted—

    ''(c) a Local Health Board.'', and

    (b) in subsection (2B), after ''Primary Care Trust'' there is inserted '', Local Health Board''.

    In section 28BB (power of local authorities to make payments to NHS bodies), in subsection (2), in the definition of ''relevant NHS body'', after ''Primary Care Trust'', there is inserted ''or Local Health Board''

    In section 51 (university clinical teaching and research)—

    (a) in subsection (2), for ''or Primary Care Trust'', in both places, there is substituted '', Primary Care Trust or Local Health Board'', and

    (b) in subsection (3), the ''and'' at the end of paragraph (bb) is omitted and after that paragraph there is inserted—

    ''(bbb) Local Health Boards; and''.

    In section 84A (intervention orders), in subsection (2), after paragraph (d) there is inserted—

    ''(e) Local Health Boards.''.

    In section 84B (intervention orders: effect), in subsection (1), in each of paragraphs (a) and (b), for ''or Primary Care Trust'' there is substituted '', Primary Care Trust or Local Health Board''

    In section 85 (Secretary of State's default powers), in subsection (1), after paragraph (bb) there is inserted—

    ''(bbb) a Local Health Board;''.

    In section 92 (further transfers of trust property), in subsection (1A), after paragraph (c) there is inserted—

    ''(cc) a Local Health Board;''.

Column Number: 135

    In section 96A (power of health authorities etc. to raise money), in each of subsections (1), (3), (4), (7), (8) and (9), after ''Special Health Authority'', in each place where it occurs, there is inserted '', Local Health Board''

    In section 98 (accounts and audit), in subsection (1), after paragraph (bb) there is inserted—

    ''(bbb) every Local Health Board;''.

    In section 99 (regulation of financial arrangements), in subsection (1), after paragraph (ba) there is inserted—

    ''(bb) Local Health Boards;''.

    In section 125 (protection of members and officers of authorities), the ''and'' at the end of paragraph (bb) is omitted and after that paragraph there is inserted—

    ''(bbb) a Local Health Board; and''.

    In paragraph 2 of Schedule 7 (which makes additional provision in relation to Community Health Councils)—

    (a) in sub-paragraphs (d) and (e), after ''Primary Care Trusts'' , in each place where it occurs, there is inserted ''Local Health Boards'', and

    (b) in sub-paragraphs (f) and (g), for ''and Primary Care Trusts'' there is substituted '', Primary Care Trusts and Local Health Boards''.

    The Acquisition of Land Act 1981 (c. 67)

    In section 16 of the Acquisition of Land Act 1981 (statutory undertakers' land excluded from compulsory purchase), in subsection (3), the ''and'' at the end of paragraph (b) is omitted, and at the end of paragraph (c) there is inserted ''and

    (d) a Local Health Board established under section 16BA of that Act;''.

    The Hospital Complaints Procedure Act 1985 (c. 42)

    In section 1 of the Hospital Complaints Procedure Act 1985 (hospital complaints procedure), in subsection (1B), after ''Trust'', where it first occurs, there is inserted ''and Local Health Board'', and in the second place where it occurs there is inserted ''or Local Health Board''

    The Income and Corporation Taxes Act 1988 (c.1)

    In section 519A of the Income and Corporation Taxes Act 1988 (health service bodies), in subsection (2), after paragraph (ab) there is inserted—

    ''(aba) a Local Health Board;''.

    The Housing Act 1988 (c. 50)

    In Schedule 2 to the Housing Act 1988 (grounds for possession of dwelling-houses let on assured tenancies), in the second paragraph of Ground 16, after ''1990,'' there is inserted ''or by a Local Health Board,''

    The Road Traffic Act 1988 (c. 52)

    In section 144 of the Road Traffic Act 1988 (exceptions from requirement of third-party insurance or security), in subsection (2)(da), after ''1977'' there is inserted '', by a Local Health Board established under section 16BA of that Act''.'

No. 119, in page 68, line 21, at end insert—

    'The National Health Service and Community Care Act 1990 is amended as follows.'

No. 120, in page 68, line 22, leave out

    'the National Health Service and Community Care Act 1990, in'.

No. 121, in page 68, line 24, at end insert—

    In section 8 (transfer of property, rights and liabilities to NHS trust)—

    (a) in subsections (1), (2), (3), and (5), for ''or Primary Care Trust'' there is substituted ''Primary Care Trust or Local Health Board'', and

    (b) in subsection (6)—

    (i) in paragraph (a), after ''Health Authority'' there is inserted '', Local Health Board'', and

    (ii) for ''or Primary Care Trust'' there is substituted '', Primary Care Trust or Local Health Board''.

    In section 21 (schemes for meeting losses and liabilities of certain health service bodies), after paragraph (aaa) there is inserted—

Column Number: 136

    ''(aab) Local Health Boards;''.

    In section 49 (transfer of staff from health service to local authorities), in subsection (4)(b), after ''Health Authority'' there is inserted '', Local Health Board''

    In section 61 (health service bodies: taxation), in subsection (3), after ''Primary Care Trust'' there is inserted ''or Local Health Board''

    (1) Schedule 2 (National Health Service trusts) is amended as provided in this paragraph

    (2) In paragraph 4, for ''or Primary Care Trust'', in both places, there is substituted ''Primary Care Trust or Local Health Board''.

    (3) In paragraph 13, after ''Primary Care Trust'' there is inserted ''or Local Health Board,''.

    (4) In paragraph 30(1), after paragraph (bbb) there is inserted—

    ''(bbc) a Local Health Board, or''.

    Welsh Language Act 1993 (c. 38)

    In section 6 of the Welsh Language Act 1993 (meaning of ''public body''), in subsection (1), after paragraph (f) there is inserted—

    ''(ff) a Local Health Board established under section 16BA of the National Health Service Act 1977;''.

    The Health Service Commissioners Act 1993 (c. 46)

    In the Health Service Commissioners Act 1993, in section 2 (bodies subject to investigation), in subsection (2), for paragraph (aa) there is substituted—

    ''(aa) Local Health Boards,''.

    The Vehicle Excise and Registration Act 1994 (c. 22)

    In Schedule 2 to the Vehicle Excise and Registration Act 1994 (exempt vehicles), in paragraph 7, at the end of sub-paragraph (d) there is inserted ''or

    (e) a Local Health Board established under section 16BA of that Act.''.

    The Value Added Tax Act 1994 (c. 23)

    In section 41 of the Value Added Tax Act 1994 (application to Crown), in subsection (7), after ''Primary Care Trust'' there is inserted ''and a Local Health Board''

    The Data Protection Act 1998 (c. 29)

    In section 69 of the Data Protection Act 1998 (meaning of ''health professional''), in subsection (3), after paragraph (bb) there is inserted—

    ''(bbb) a Local Health Board established under section 16BA of that Act,''.

    The Government of Wales Act 1998 (c. 38)

    (1) The Government of Wales Act 1998 is amended as provided in this paragraph

    (2) In Schedule 5 (bodies and offices covered by section 74), after paragraph 25 there is inserted—

    ''25A. A Local Health Board''

    (3) In Schedule 17 (audit etc. of Welsh public bodies), after paragraph 12 there is inserted—

    ''12A. A Local Health Board.''

    The 1999 Act

    In section 31 of the 1999 Act (arrangements between NHS bodies and local authorities), in subsection (8), in the definition of ''NHS body'', after ''Primary Care Trust'', there is inserted '', Local Health Board''

    The Care Standards Act 2000 (c. 14)

    In section 121 of the Care Standards Act 2000 (general interpretation), in subsection (1), in the definition of ''National Health Service Body'', for ''or a Primary Care Trust'' there is substituted '', a Primary Care Trust or a Local Health Board''

    The Learning and Skills Act 2000 (c. 21)

    In section 138 of the Learning and Skills Act 2000 (Wales: provision of information by public bodies), in subsection (3), after paragraph (b) there is inserted—

    ''(ba) a Local Health Board,''.

    The Freedom of Information Act 2000 (c. 36)

    In Schedule 1 to the Freedom of Information Act 2000 (public authorities for the purposes of the Act), in Part 3 (National Health Service), after paragraph 39 there is inserted—

Column Number: 137

    ''39A. A Local Health Board established under section 16BA of the National Health Service Act 1977.''

    Health and Social Care Act 2001 (c. 15)

    The Health and Social Care Act 2001 is amended as follows

    In section 7 (functions of overview and scrutiny committees), in subsection (4), after ''Primary Care Trust'' there is inserted '', Local Health Board''

    In section 46 (directed partnership arrangements), in subsection (5), in the definition of ''NHS body'', after ''Primary Care Trust'' there is inserted '', Local Health Board''.'—[Mr. Touhig.]

Schedule 5, as amended, agreed to.

Clause 22

Health and well-being strategies in Wales

Question proposed, That the clause stand part of the Bill.

 
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