HEALTH (WALES) BILL |
1. This bill concerns the reform of Community
Health Councils in Wales and the establishment of two new corporate
bodies, the Wales Centre for Health and Health Professions Wales.
The bill affects Wales almost exclusively.
2. There are several delegated powers in the
bill. In each case the power is conferred on the National Assembly
for Wales, and accordingly the exercise of the powers will be
subject to the subordinate legislation procedures under the Government
of Wales Act 1998.
3. The delegated powers are identified and explained
in the memorandum on delegated powers from the Wales Office. The
memorandum is printed at Annex 1 to this Report. The extent of
the delegation is consistent with existing provisions relating
to the National Health Service and is appropriate.
4. Clauses 1(2) and 8(3) contain Henry VIII powers
to make consequential, incidental and similar provision. The provision
made by the order must be both "appropriate" and consequential,
incidental, supplementary, transitional, transitory or saving
in character. These are not self-standing powers, but can be used
only as an extension of the exercise of some other power under,
or referred to in, the bill. The Committee accepts that amendments
may be required to Acts of Parliament in the light of possible
changes to the functions of the bodies referred to in the bill
(or, indeed, the possible abolition of the two new corporate bodies).
In the Committee's view these powers are sufficiently circumscribed.
5. There is nothing in the delegated powers
in this bill to which the Committee wishes to draw the attention
of the House.