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Health (Wales) Bill


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Health (Wales) Bill
Schedule 1 — Schedule 7A to be inserted in the National Health Service Act 1977

 

Schedules

Schedule 1

Section 1

 

Schedule 7A to be inserted in the National Health Service Act 1977

“Schedule 7A

Section 20A

 

Further Provisions about Councils under Section 20A

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          1                 It is the duty of a Council—

                      (a)                     to represent the interests in the health service of the public

in its district; and

                      (b)                     to perform such other functions as may be conferred on it

by regulations under paragraph 2.

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          2                 The National Assembly for Wales may by regulations make

provision about—

                      (a)                     the membership of Councils (including the election by

members of a Council of a member to chair the Council);

                      (b)                     the proceedings of Councils;

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                      (c)                     the staff, premises and expenses of Councils;

                      (d)                     the discharge of any function of a Council by a committee

of the Council or by a joint committee appointed with

another Council;

                      (e)                     the appointment, as members of a committee or joint

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committee, of persons who are not members of the Council

or Councils concerned;

                      (f)                     the consultation of Councils by Health Authorities, Local

Health Boards, Strategic Health Authorities, Primary Care

Trusts and NHS trusts with respect to such matters, and on

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such occasions, as may be prescribed;

                      (g)                     the consideration by Councils of matters relating to the

operation of the health service within their districts, and

the giving of advice by Councils to Health Authorities,

Local Health Boards and NHS trusts on such matters;

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                      (h)                     the preparation and publication of reports by Councils;

                      (i)                     matters to be included in any such report;

                      (j)                     the furnishing and publication by Health Authorities,

Local Health Boards and NHS trusts of comments on

reports of Councils;

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                      (k)                     the provision of information (including descriptions of

information which are or are not to be provided) to

Councils by Health Authorities, Local Health Boards,

 

 

Health (Wales) Bill
Schedule 1 — Schedule 7A to be inserted in the National Health Service Act 1977

    7

 

                      (k)                     Strategic Health Authorities, Primary Care Trusts or NHS

trusts;

                      (l)                     the provision of information (including descriptions of

information which are or are not to be provided) by

Councils to other persons (including other Councils);

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                      (m)                     the provision by Councils on behalf of the Assembly of the

independent advocacy services required to be provided

under section 19A of this Act;

                      (n)                     the functions to be exercised by Councils in addition to

those exercisable otherwise by virtue of this Schedule.

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          3                (1)               The Assembly may make regulations requiring—

                      (a)                     Health Authorities;

                      (b)                     Local Health Boards;

                      (c)                     Strategic Health Authorities;

                      (d)                     Primary Care Trusts;

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                      (e)                     local authorities;

                      (f)                     NHS trusts;

                      (g)                     persons providing services under Part 2 of this Act or

under arrangements under section 28C of this Act; or

                      (h)                     persons providing piloted services under pilot schemes

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established under section 28 of the Health and Social Care

Act 2001 (c. 15), or providing LP services under an LPS

scheme established under Schedule 8A to this Act,

                            to allow members of a Council authorised by or under the

regulations to enter and inspect, for the purposes of any of the

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Council’s functions, premises owned or controlled by those

referred to in paragraphs (a) to (h).

                           (2)               The Assembly may also make regulations requiring any other

person who owns or controls premises where services are

provided as mentioned in sub-paragraph (1)(g) or (h) to allow

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members of a Council authorised by or under the regulations to

enter and inspect the premises for the purposes of any of the

Council’s functions.

                           (3)               The regulations may in particular make provision as to—

                      (a)                     cases and circumstances in which access is to be permitted;

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                      (b)                     limitations or conditions to which access is to be subject.

          4                 The Assembly may by regulations—

                      (a)                     provide for the establishment of a body—

                             (i)                            to advise Councils with respect to the performance

of their functions, and to assist Councils in the

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performance of their functions; and

                             (ii)                           to perform such other functions as may be

prescribed; and

                      (b)                     provide for the membership, proceedings, staff, premises

and expenses of that body.

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          5                 The Assembly may pay to members of Councils and any body

established under paragraph 4 such travelling and other

allowances (including compensation for loss of remunerative

time) as it may determine.”.

 

 

Health (Wales) Bill
Schedule 2 — Wales Centre for Health: Further Provision

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Schedule 2

Section 2

 

Wales Centre for Health: Further Provision

Status

  1        The Wales Centre for Health is not to be regarded as the servant or agent of

the Crown or as enjoying any status, immunity or privilege of the Crown;

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and the Centre’s property is not to be regarded as property of, or held on

behalf of, the Crown.

Exercise of functions

  2        The Centre must carry out its functions effectively, economically and

efficiently.

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  3        Anything authorised or required to be done by the Centre may be done by

any member or member of staff of the Centre who, or any committee or sub-

committee of the Centre which, is authorised for the purpose by the Centre

(whether generally or specially).

Assembly directions

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  4        The Assembly may give directions—

              (a)             as to the appointment of staff (including any conditions to be

fulfilled for appointment);

              (b)             as to the terms and conditions of employment of staff (including

provision about the payment of pensions, allowances or gratuities

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and the payment of compensation for loss of employment);

              (c)             as to the application of any sums received by the Centre under

section 2(4).

  5        Directions under paragraph 4 may include a direction that the Centre

employ any person who is or was employed by a National Health Service

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trust and is specified in the direction.

  6        If it appears to the Assembly that there has been a serious failure by the

Centre to perform any function which it considers should have been

performed by the Centre, the Assembly may give the Centre such directions

as it may consider appropriate for remedying that failure.

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  7        Directions under paragraph 6 must include a statement summarising the

reasons for giving them.

  8        A direction under this Schedule must be given in writing.

  9        The Centre must comply with any direction given by the Assembly under

this Schedule.

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Regulations

  10       The Assembly may by regulations make provision—

              (a)             about the appointment of the chairman and other members of the

Centre (including any conditions to be fulfilled for appointment and

provision about disqualification);

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Health (Wales) Bill
Schedule 2 — Wales Centre for Health: Further Provision

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              (b)             about the tenure of office of the chairman of the Centre (including the

circumstances in which he ceases to be chairman or may be removed

or suspended from office);

              (c)             about the tenure of office as a member of the Centre of the chairman

or of other members of the Centre (including the circumstances in

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which they cease to be members or may be removed or suspended

from office);

              (d)             about the appointment, constitution of and exercise of functions by a

committee or sub-committee of the Centre (including provision for

the inclusion in a committee or sub-committee of persons who are

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not members of the Centre, or in a sub-committee of persons who are

not members of the committee);

              (e)             about the proceedings of the Centre, or of any committee or sub-

committee.

Members

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  11       The Centre must, if required to do so by the Assembly, pay the chairman and

other members of the Centre and any member of a committee or sub-

committee who is not a member of the Centre such remuneration, and such

travelling and other allowances, as the Assembly may determine.

  12       The Centre must, if required to do so by the Assembly—

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              (a)             pay to or in respect of any person who is or has been the chairman or

other member of the Centre or a member of a committee or sub-

committee such pension, allowances or gratuities as the Assembly

may determine; or

              (b)             make such payments as the Assembly may determine towards

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provision for the payment of a pension, allowance or gratuity to or

in respect of any such person.

  13       Where—

              (a)             a person ceases to hold office as chairman or other member of the

Centre or as a member of a committee or sub-committee; and

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              (b)             the Assembly determines that there are special circumstances which

make it appropriate for that person to receive compensation,

           the Centre must make a payment by way of compensation of such amount

as the Assembly may determine.

Chief executive

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  14      (1)      The Centre must appoint a person as chief executive.

          (2)      The person appointed under sub-paragraph (1)—

              (a)             may be appointed only with the consent of the Assembly;

              (b)             is to be appointed on such terms and conditions as the Assembly

may determine.

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  15       The Centre must, if required to do so by the Assembly—

              (a)             pay to or in respect of any person who is or has been the chief

executive of the Centre such pension, allowances or gratuities as the

Assembly may determine; or

 

 

Health (Wales) Bill
Schedule 2 — Wales Centre for Health: Further Provision

    10

 

              (b)             make such payments as the Assembly may determine towards

provision for the payment of a pension, allowance or gratuity to or

in respect of any such person.

  16       Where—

              (a)             a person ceases to hold office as the chief executive of the Centre; and

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              (b)             the Assembly determines that there are special circumstances which

make it appropriate for that person to receive compensation,

           the Centre must make a payment by way of compensation of such amount

as the Assembly may determine.

Other staff

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  17      (1)      The Centre may appoint such other staff as it considers appropriate.

          (2)      Staff appointed under this paragraph are to be appointed on such terms and

conditions as the Centre may determine.

  18       The Centre may—

              (a)             pay to or in respect of any person who is or has been a member of

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staff such pension, allowances or gratuities as the Centre considers

appropriate; or

              (b)             make such payments as the Centre considers appropriate towards

provision for the payment of a pension, allowance or gratuity to or

in respect of any such person.

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  19       Where—

              (a)             a person ceases to be a member of staff; and

              (b)             the Centre determines that there are special circumstances which

make it appropriate for that person to receive compensation,

           the Centre may make a payment by way of compensation of such amount as

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it considers appropriate.

General powers

  20      (1)      The Centre may do anything which it considers necessary or expedient for

the purpose of, or in connection with, the exercise of its functions.

          (2)      That includes, in particular—

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              (a)             co-operating with other public authorities;

              (b)             acquiring and disposing of land and other property; and

              (c)             entering into contracts.

Charging of fees

  21       The Centre may charge such fees as it considers appropriate for the

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provision of advice, information or assistance to any person.

Arrangements for assistance

  22      (1)      The Centre may make arrangements with such persons as it considers

appropriate to assist it in the discharge of any function.

          (2)      Arrangements may include the payment of fees to such persons.

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Health (Wales) Bill
Schedule 2 — Wales Centre for Health: Further Provision

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Accounts

  23      (1)      The Centre must keep proper accounting records.

          (2)      The Centre must prepare accounts for each financial year in such form as the

Assembly may determine.

Audit

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  24      (1)      The accounts prepared by the Centre for any financial year must be

submitted to the Auditor General for Wales before the end of such period

after the end of the financial year as the Assembly may direct.

          (2)      The Auditor General for Wales must—

              (a)             examine and certify accounts submitted to him under sub-paragraph

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(1); and

              (b)             lay before the Assembly a copy of them as certified by him together

with his report on them.

Examinations into use of resources

  25      (1)               The Auditor General for Wales may carry out examinations into the

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economy, efficiency and effectiveness with which the Centre has used its

resources in carrying out its functions.

          (2)      Sub-paragraph (1) is not to be construed as entitling the Auditor General for

Wales to question the merits of the policy objectives of the Centre.

          (3)      The Auditor General for Wales may lay before the Assembly a report of the

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results of any examination carried out by him under this paragraph.

          (4)      The Auditor General for Wales and the Comptroller and Auditor General

may co-operate with, and give assistance to, each other in connection with

the carrying out of examinations in respect of the Centre under this

paragraph or section 7 of the National Audit Act 1983 (c. 44) (economy, etc.

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examinations).

Examinations by the Comptroller and Auditor General

  26      (1)      For the purpose of enabling him to carry out examinations into, and report

to Parliament on, the finances of the Centre, the Comptroller and Auditor

General—

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              (a)             is to have a right of access at all reasonable times to all such

documents in the custody or under the control of the Centre, or of the

Auditor General for Wales, as he may reasonably require for that

purpose; and

              (b)             is to be entitled to require from any person holding or accountable

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for any of those documents any assistance, information or

explanation which he reasonably thinks necessary for that purpose.

          (2)      The Comptroller and Auditor General must—

              (a)             consult the Auditor General for Wales; and

              (b)             take into account any relevant work done or being done by the

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Auditor General for Wales,

 

 

Health (Wales) Bill
Schedule 3 — Minor and Consequential Amendments

    12

 

                   before he acts in reliance on sub-paragraph (1) or carries out an examination

in respect of the Centre under section 7 of the National Audit Act 1983 (c. 44)

(economy, etc. examinations).

Further provision about accounts and audit

  27       The Assembly may by regulations make such further provision about the

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accounts or audit of the Centre as it considers appropriate.

Evidence

  28       A document purporting to be duly executed under the seal of the Centre or

signed on its behalf is to be received in evidence and, unless the contrary is

proved, taken to be so executed or signed.

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Reports and information

  29      (1)      As soon as practicable after the end of each financial year the Centre must

report to the Assembly on the exercise of its functions during the year.

          (2)      The Centre must publish the report made under sub-paragraph (1).

          (3)      The Centre must also provide the Assembly with such other information

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relating to the exercise of the Centre’s functions as the Assembly may

request.

Schedule 3

Section 7

 

Minor and Consequential Amendments

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

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  1        In paragraph 1 of the Schedule to the Public Bodies (Admission to Meetings)

Act 1960, after paragraph (l) insert—

          “(m)                  the Wales Centre for Health;”.

House of Commons Disqualification Act 1975 (c. 24)

  2        In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,

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insert at the appropriate place—

                            “The Wales Centre for Health.”.

National Health Service Act 1977 (c. 49)

  3        In section 18(1A) of the National Health Service Act 1977, omit the “or” at the

end of paragraph (a) and paragraph (c).

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  4        In section 98 of that Act, omit subsection (2A).

 

 

 
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