Introductory Text

Part 1 Promotion and provision of the health service in Wales

The Welsh Ministers and the health service in Wales
1.Welsh Ministers' duty to promote health service

General power to provide services
2.Welsh Ministers' general power

Provision of particular services

3.Welsh Ministers' duty as to provision of certain services
4.High security psychiatric services
5.Other services

Provision of services otherwise than in Wales
6.Performance of functions outside Wales

NHS contracts

7.NHS contracts
8.Provision for bodies in Northern Ireland
9.Arrangements to be treated as NHS contracts

Provision of services otherwise than by the Welsh Ministers
10.Welsh Ministers' arrangements with other bodies

Part 2 Health service bodies

Chapter 1 Local Health Boards

11.Local Health Boards
12.Functions of Local Health Boards
13.Exercise of Local Health Board functions
14.Section 50 arrangements and section 64 arrangements
15.Administration and management of services
16.Advice for Local Health Boards
17.Plans for improving health etc

Chapter 2 NHS trusts

18.NHS trusts
19.Welsh Ministers' directions to NHS trusts
20.General duty of NHS trusts
21.Financial provisions relating to NHS trusts

Chapter 3 Special Health Authorities

22.Special Health Authorities
23.Welsh Ministers' directions to Special Health Authorities
24.Exercise of health service functions by Special Health Authorities
25.Exercise of Special Health Authority functions

Chapter 4 Miscellaneous

Intervention orders and default powers

26.Intervention orders
27.Effect of intervention orders
28.Default powers

Transfer of residual liabilities
29.Transfer of residual liabilities

Losses and liabilities of certain health service bodies
30.Schemes for meeting losses and liabilities etc of certain health service bodies

Directions and regulations under this Part
31.Directions and regulations under this Part

Part 3 Local authorities and the NHS

32.Supply of goods and services by local authorities
33.Arrangements between NHS bodies and local authorities
34.Power of local authorities to make payments
35.Care Trusts
36.Directed partnership arrangements
37.Further provisions about directions and directed partnership arrangements
38.Supply of goods and services by the Welsh Ministers
39.Conditions of supply under section 38
40.Health and well-being strategies in Wales

Part 4 Medical services

Duty of Local Health Boards in relation to primary medical services
41.Primary medical services

General medical services contracts

42.General medical services contracts: introductory
43.Requirement to provide certain primary medical services
44.Persons eligible to enter into GMS contracts
45.GMS contracts: payments
46.GMS contracts: prescription of drugs, etc
47.GMS contracts: other required terms
48.GMS contracts: disputes and enforcement

Performance of primary medical services
49.Persons performing primary medical services

Other arrangements for the provision of primary medical services

50.Arrangements by Local Health Boards for the provision of primary medical services
51.Persons with whom agreements may be made under section 50
52.Regulations about section 50 arrangements

Assistance and support
53.Assistance and support: primary medical services

Local Medical Committees
54.Local Medical Committees

Provision of accommodation by the Welsh Ministers
55.Use of accommodation: provision of primary medical services

Part 5 Dental services

Duty of Local Health Boards in relation to primary dental services
56.Primary dental services

General dental services contracts

57.General dental services contracts: introductory
58.Requirement to provide certain primary dental services
59.Persons eligible to enter into GDS contracts
60.GDS contracts: payments
61.GDS contracts: other required terms
62.GDS contracts: disputes and enforcement

Performance of primary dental services
63.Persons performing primary dental services

Other arrangements for the provision of primary dental services

64.Arrangements by Local Health Boards for the provision of primary dental services
65.Persons with whom agreements may be made under section 64
66.Regulations about section 64 arrangements

Dental public health
67.Dental public health

Assistance and support
68.Assistance and support: primary dental services

Local Dental Committees
69.Local Dental Committees

Provision of accommodation by the Welsh Ministers
70.Use of accommodation: provision of primary dental services

Part 6 Ophthalmic services

General ophthalmic services

71.Arrangements for general ophthalmic services
72.Regulations as to general ophthalmic services
73.Medical practitioners with qualifications prescribed under section 71
74.Exercise of choice of practitioner
75.Inadequate provision of ophthalmic services

Remuneration

76.Remuneration for persons providing general ophthalmic services
77.Section 76: supplementary

Local Optical Committees
78.Local Optical Committees

Provision of accommodation by the Welsh Ministers
79.Use of accommodation: provision of general ophthalmic services

Part 7 Pharmaceutical services and local pharmaceutical services

Chapter 1 Pharmaceutical services

Provision of pharmaceutical services

80.Arrangements for pharmaceutical services
81.Arrangements for additional pharmaceutical services
82.Terms and conditions, etc
83.Regulations as to pharmaceutical services
84.Regulations under section 83: appeals, etc
85.Power to charge
86.Persons authorised to provide pharmaceutical services
87.Inadequate provision of pharmaceutical services

Remuneration

88.Remuneration for persons providing pharmaceutical services
89.Section 88: supplementary

Local Pharmaceutical Committees
90.Local Pharmaceutical Committees

Provision of accommodation by the Welsh Ministers
91.Use of accommodation: provision of pharmaceutical services

Chapter 2 Local pharmaceutical services: pilot schemes

92.Pilot schemes
93.Making pilot schemes
94.Designation of priority neighbourhoods or premises
95.Reviews of pilot schemes
96.Variation and termination of pilot schemes
97.NHS contracts and the provision of piloted services
98.Funding of preparatory work
99.Application of this Act
100.Premises from which piloted services may be provided
101.Control of entry regulations

Chapter 3 Local pharmaceutical services: LPS schemes
102.Local pharmaceutical services schemes

Chapter 4 Local pharmaceutical services: application of enactments
103.Application of enactments

Part 8 Qualifications to practice

Chapter 1 Conditional inclusion and supplementary lists

104.Conditional inclusion in ophthalmic and pharmaceutical lists
105.Supplementary lists
106.Further provision about regulations under section 105

Chapter 2 Disqualification

107.Disqualification of practitioners
108.Contingent removal
109.Fraud and unsuitability cases: supplementary
110.Suspension
111.Suspension pending appeal
112.Effect of suspension
113.Review of decisions
114.Appeals
115.National disqualification
116.Notification of decisions
117.Withdrawal from lists
118.Regulations about decisions under this Chapter
119.Corresponding provisions in Scotland and Northern Ireland

Chapter 3 Indemnity Cover
120.Indemnity cover

Part 9 Charging

Power to charge generally

121.Charges for drugs, medicines or appliances, or pharmaceutical services
122.Exemptions from general charging
123.Pre-payment certificates
124.Charges in respect of non-residents

Charging for dental services

125.Dental charging
126.Exemptions from dental charging

Charging for local pharmaceutical services
127.Charges, recovery of payments and penalties

Charging for optical appliances

128.Charges for optical appliances
129.Payments in respect of optical appliances

Exemptions, etc

130.Remission and repayment of charges
131.Payment of travelling expenses
132.Sections 130 and 131: supplementary

Other provisions relating to charging

133.Charges for more expensive supplies
134.Charges for repairs and replacements in certain cases
135.Charges for designated services or facilities
136.Sums otherwise payable to those providing services
137.Hospital accommodation on part payment
138.Expenses payable by employed patients

Recovery, etc

139.Recovery of charges
140.Recovery of charges and payments in relation to goods and services
141.Penalties relating to charges
142.Offences relating to charges

Part 10 Protection of NHS from fraud and other unlawful activities

Preliminary

143.Compulsory disclosure of documents
144.Persons and bodies about which provision is made by this Part

Disclosure notices

145.Notice requiring production of documents
146.Production of documents
147.Delegation of functions
148.Code of practice relating to delegated functions
149.Disclosure of information
150.Protection of personal information disclosed for purposes of proceedings
151.Manner in which disclosure notice may be served

Offences under this Part

152.Offences in connection with production of documents
153.Offences relating to disclosure or use of information
154.Offences by bodies corporate etc
155.Offences committed by partnerships and other unincorporated associations
156.Penalties for offences under this Part: transitional modification

Supplementary

157.Orders and regulations under this Part
158.Interpretation of this Part

Part 11 Property and finance

Chapter 1 Land and other Property
159.Acquisition, use and maintenance of property

Chapter 2 Trusts

160.Special trustees for a university or teaching hospital
161.Transfers of trust property
162.Transfer of functions and property to or from special trustees
163.Trustees and property under section 169
164.Application of trust property: further provisions
165.Trusts: supplementary provisions

Chapter 3 Property transferred under the National Health Service Act 1946

166.Transferred property free of trusts
167.Trust property previously held for general hospital purposes
168.Voluntary hospitals

Chapter 4 Raising money
169.Power to raise money

Chapter 5 Formation of companies
170.Public-private partnerships

Chapter 6 Finance

Special Health Authorities

171.Means of meeting expenditure of Special Health Authorities out of public funds
172.Financial duties of Special Health Authorities
173.Resource limits for Special Health Authorities

Local Health Boards

174.Public funding of Local Health Boards
175.Financial duties of Local Health Boards
176.Resource limits for Local Health Boards
177.Further provision about the expenditure of Local Health Boards

Accounts and audit
178.Accounts and audit

Allowances and remuneration

179.Allowances for members of certain bodies
180.Special arrangement as to payment of remuneration
181.Payments for certain medical examinations

Part 12 Public involvement and scrutiny

Chapter 1 Community Health Councils
182.Community Health Councils

Chapter 2 Public involvement and consultation
183.Public involvement and consultation

Chapter 3 Overview and scrutiny committees

184.Functions of overview and scrutiny committees
185.Joint overview and scrutiny committees etc
186.Overview and scrutiny committees: exempt information

Part 13 Miscellaneous

Independent advocacy services
187.Independent advocacy services

Joint working with the prison service
188.Joint working with the prison service

Advisory committees

189.Welsh Ministers' standing advisory committees
190.Advisory committees for Wales

Emergency powers
191.Emergency powers

Local social services authorities
192.Local social service authorities

Supplies by the Welsh Ministers
193.Supplies not readily obtainable

Community services

194.Power of Local Health Boards to make payments towards expenditure on community services
195.Payments in respect of voluntary organisations under section 194
196.Power of Welsh Ministers to make payments towards expenditure on community services in Wales

Universities
197.University clinical teaching and research

Use of facilities in private practice
198.Permission for use of facilities in private practice

Health service development
199.Persons displaced by health service development

Registration of information, etc

200.Special notices of births and deaths
201.Provision of information by Registrar General

Part 14 Supplementary

202.Territorial limit of exercise of functions
203.Orders, regulations and directions
204.Further provision about orders and directions under this Act
205.Supplementary regulatory powers
206.Interpretation
207.Index of defined expressions
208.Commencement
209.Short title, extent and application

SCHEDULES

SCHEDULE 1
Further provision about the Welsh Ministers and services under this Act

Medical inspection of pupils

1.The Welsh Ministers must provide for the medical inspection at...
2.(1) The Welsh Ministers may, by arrangement with any local...
3.An arrangement under paragraph 2(1)(b) may provide for payments by...
4.A local education authority may not make an arrangement under...
5.(1) Sub-paragraph (2) applies to— (a) each local education authority,...
6.In paragraphs 1 to 5 any expression to which a...
7.Any charge made under regulations under this Act in respect...

Contraceptive services
8.The Welsh Ministers must arrange, to such extent as they...

Provision of vehicles for disabled persons

9.The Welsh Ministers may provide vehicles (including wheelchairs) for persons...
10.(1) Sub-paragraphs (2) and (3) apply in respect of—
11.Regulations may provide for any incidental or supplementary matter for...

Provision of a microbiological service by the Welsh Ministers
12.(1) The Welsh Ministers may— (a) provide a microbiological service...

Powers of the Welsh Ministers in relation to research
13.(1) The Welsh Ministers may conduct research, or may assist...

SCHEDULE 2
Local Health Boards

Part 1 Constitution and membership

Status

1.Each Local Health Board is a body corporate.
2.(1) A Local Health Board must not be regarded as...

Membership

3.The members of a Local Health Board are—
4.(1) Regulations may make provision about— (a) the appointment of...
5.Any reference in this Schedule to a committee of a...
6.The validity of any proceedings of a Local Health Board,...

Staff

7.(1) A Local Health Board may employ such officers as...
8.(1) The Welsh Ministers may direct a Local Health Board—...
9.In addition to making provision in relation to Strategic Health...

Remuneration, pensions etc of members
10.(1) A Local Health Board may pay the chairman, the...

Part 2 LHB orders

11.(1) An LHB order must specify— (a) the name of...
12.(1) An LHB order may provide for the establishment of...

Part 3 Other Matters

General power
13.(1) Subject to sub-paragraph (3), a Local Health Board may...

Rights and liabilities
14.(1) Any rights acquired, or liabilities (including liabilities in tort)...

Making accommodation or services available
15.(1) A Local Health Board may— (a) make available at...

Powers of Local Health Boards to enter into externally financed development agreements
16.(1) The powers of a Local Health Board include power...

Research
17.(1) A Local Health Board may conduct, commission or assist...

Training
18.A Local Health Board may— (a) make officers available in...

Regulations about duties
19.Regulations may make provision in relation to—

Compulsory acquisition
20.(1) A Local Health Board may be authorised to purchase...

Dissolution
21.(1) The Welsh Ministers may, if a Local Health Board...

Transfer of property

22.(1) The Welsh Ministers may by order (referred to in...
23.(1) Stamp duty is not chargeable in respect of any...

Transfer of staff

24.(1) The Welsh Ministers may by order transfer to a...
25.(1) The contract of employment of an employee transferred under...
26.(1) Where an employee will be transferred by an order...
27.Where a Local Health Board is dissolved, an order under...

Interpretation
28.In this Schedule, “NHS trust in Wales” means an NHS...

SCHEDULE 3
NHS trusts established under section 18

Part 1 Constitution, establishment, etc

Status

1.Each NHS trust is a body corporate.
2.(1) An NHS trust must not be regarded as the...

Board of directors
3.(1) Each NHS trust has a board of directors consisting...

Regulations
4.(1) The Welsh Ministers may by regulations make provision with...

Provision to be made by first NHS trust order
5.(1) The first NHS trust order made in relation to...

Temporary availability of staff etc.
6.(1) An NHS trust order may require a Strategic Health...

Establishment of NHS trust prior to operational date
7.(1) An NHS trust order may provide for the establishment...

Transfer of staff to NHS trusts
8.(1) This paragraph applies to any person who, immediately before...

Transfer of property and liabilities to NHS trusts
9.(1) The Welsh Ministers may by order transfer, or provide...

Trust funds and trustees
10.(1) The Welsh Ministers may by order provide for the...

Pay and allowances
11.(1) An NHS trust must pay— (a) to the chairman...

Reports and other information

12.(1) For each accounting year an NHS trust must prepare...
13.An NHS trust must furnish to the Welsh Ministers such...

Part 2 Powers and duties

General
14.(1) An NHS trust may do anything which appears to...

NHS contracts
15.(1) In addition to carrying out its other functions, an...

Research
16.An NHS trust may undertake and commission research and make...

Training
17.An NHS trust may— (a) provide training for persons employed...

Joint exercise of functions
18.An NHS trust may enter into arrangements for the carrying...

Payment for accommodation or services
19.(1) According to the nature of its functions, an NHS...

Additional income
20.(1) For the purpose of making additional income available in...

Provision of accommodation and services outside England and Wales
21.An NHS Trust may arrange for the provision of accommodation...

Conferral of further powers by order
22.The Welsh Ministers may by order confer specific powers on...

Powers of NHS trusts to enter into externally financed development agreements
23.(1) The powers of an NHS trust include power to...

Agreements under section 50 or 64
24.An NHS trust may provide services under an agreement made...

Staff
25.(1) An NHS trust may employ such staff as it...

Pensions, etc.
26.(1) An NHS trust may, for or in respect of...

Compulsory acquisition
27.(1) An NHS trust may be authorised to purchase land...

Part 3 Dissolution

28.(1) The Welsh Ministers may by order dissolve an NHS...
29.(1) If an NHS trust is dissolved under paragraph 28,...
30.(1) If an NHS trust is dissolved under paragraph 28,...
31.An NHS trust may not be dissolved or wound up...

Part 4 Miscellaneous

Use and development of consecrated land and burial grounds
32.Section 128 of the Town and Country Planning Act 1971...

Instruments etc.
33.(1) The fixing of the seal of an NHS trust...

Interpretation
34.In this Schedule— “provide” includes manage, “operational date” has the...

SCHEDULE 4
Financial provision about NHS trusts established under section 18

Originating capital of NHS trusts
1.(1) Each NHS trust has an originating capital of an...

Financial obligations of NHS trusts
2.(1) Each NHS trust must ensure that its revenue is...

Borrowing
3.(1) For the purpose of its functions an NHS trust...

Guarantees of borrowing
4.(1) The Welsh Ministers may guarantee, in such manner and...

Limits on indebtedness
5.The aggregate of all sums borrowed by NHS trusts which...

Additional public dividend capital
6.The Welsh Ministers may, with the consent of the Treasury,...

Supplementary payments
7.(1) The Welsh Ministers may make a payment to an...

Surplus funds
8.(1) If it appears to the Welsh Ministers that any...

Investment

9.(1) An NHS trust has power to invest money held...
10.Any direction under section 19 with respect to the maximum...

SCHEDULE 5
Special Health Authorities established under section 22

Corporate status
1.Each Special Health Authority is a body corporate.

Pay and allowances
2.(1) The Welsh Ministers may pay to—

Staff

3.(1) A Special Health Authority may employ such officers as...
4.(1) The Welsh Ministers must, before they make regulations under...

Miscellaneous

5.Provision may be made by regulations as to—
6.Regulations made under this Schedule may make provision (including provision...
7.A Special Health Authority may pay subscriptions, of such amounts...
8.A Special Health Authority has power to accept gifts of...
9.(1) The Welsh Ministers may by order provide for the...
10.The proceedings of a Special Health Authority are not invalidated...
11.(1) A Special Health Authority may— (a) make available at...
12.(1) Any rights acquired, or liabilities (including liabilities in tort)...
13.Provision may be made by regulations with respect to the...

SCHEDULE 6
Pilot schemes

How pilot schemes may be initiated
1.(1) A pilot scheme may be made—

Preliminary steps to be taken
2.(1) Before making a pilot scheme, the Local Health Board...

Approval
3.(1) If proposals for a pilot scheme are submitted under...

Preliminary approval
4.(1) This paragraph applies if a Local Health Board proposes...

Effect of proposals on existing services
5.(1) Proposals for a pilot scheme submitted under paragraph 2,...

Guidance
6.The Welsh Ministers may issue guidance about the criteria by...

Making a scheme
7.(1) If the Welsh Ministers approve proposals for a pilot...

SCHEDULE 7
LPS schemes

Provision of local pharmaceutical services
1.(1) Local Health Boards may establish LPS schemes.

Designation of priority neighbourhoods or premises
2.(1) The Welsh Ministers may make regulations allowing a Local...

Regulations
3.(1) The Welsh Ministers may make regulations with respect to...

SCHEDULE 8
Further provision about the expenditure of Local Health Boards

General ophthalmic and pharmaceutical services expenditure
1.(1) In section 174 to 176 and this Schedule, “general...

Main expenditure

2.(1) In section 174 “main expenditure”, in relation to a...
3.(1) For each financial year, the Welsh Ministers must apportion...

Interpretation
4.(1) In this Schedule— “designated” means designated in writing by...

SCHEDULE 9
Accounts and audit

NHS bodies
1.The following are NHS bodies for the purposes of this...

Accounts to be kept by NHS bodies
2.(1) Each NHS body must keep proper accounts and proper...

Preparation of annual accounts
3.(1) Each NHS body must prepare in respect of each...

Transmission of annual accounts
4.Section 61(1) of the Public Audit (Wales) Act 2004 (c....

Summarised accounts of NHS bodies
5.(1) This paragraph applies in relation to NHS bodies that...

Exceptions for accounts of charitable trusts
6.(1) For the purposes of this paragraph a “relevant charitable...

Exceptions for accounts of non-charitable trusts
7.(1) For the purposes of this paragraph a “relevant non-charitable...

SCHEDULE 10
Further provision about Community Health Councils

1.Each Community Health Council must — (a) represent the interests...
2.Regulations may make provision about— (a) the membership of Councils...
3.(1) The Welsh Ministers may make regulations requiring—
4.The Welsh Ministers may by regulations— (a) provide for the...
5.The Welsh Ministers may pay to members of Councils and...

SCHEDULE 11
Exempt information relating to health services

Part 1 Descriptions of exempt information

1.Information relating to a particular employee, former employee or applicant...
2.Information relating to any particular occupier or former occupier of,...
3.Information relating to any particular applicant for, or recipient or...
4.Information relating to any particular applicant for, or recipient or...
5.The amount of any expenditure proposed to be incurred by...
6.Any terms proposed or to be proposed by or to...
7.The identity of a relevant body (as well as of...
8.Information relating to any consultations or negotiations, or contemplated consultations...
9.Any instructions to counsel and any opinion of counsel (whether...
10.Information relating to a particular person who was included in...
11.Information relating to a particular person who is, or was...
12.Information relating to a particular person who—
13.(1) Information relating to a particular person who—
14.Information relating to any particular employee, former employee, or applicant...
15.Information relating to the physical or mental health of a...

Part 2 Qualifications

16.Information relating to a person of a description specified in...
17.Information falling within paragraph 5 of Part 1 is exempt...
18.Information falling within paragraph 6 of Part 1 is exempt...
19.Information falling within paragraph 8 of Part 1 is exempt...

Part 3 Interpretation
20.In this Schedule— “disposal”, in relation to property, includes the...

SCHEDULE 12
Section 33 arrangements: transfer of staff

Application of Schedule
1.This Schedule applies where, under any arrangements under regulations under...

Orders transferring staff
2.(1) The Welsh Ministers may by order transfer to the...

Effect of order on contracts of employment
3.(1) The contract of employment of an employee transferred by...

Effect of order on pension rights
4.(1) An order under paragraph 2 may provide that, in...

Divided employments
5.(1) Where an employee will be transferred by an order...

SCHEDULE 13
Further provision about standing advisory committees

1.Regulations may make provision with respect to—
2.The Welsh Ministers must appoint a secretary to each standing...
3.Each standing advisory committee may appoint such sub-committees as it...
4.Any such sub-committee may include persons who are not members...
5.Each standing advisory committee must elect one of the members...
6.Each standing advisory committee has power to regulate its own...
7.The proceedings of a standing advisory committee are not invalidated...
8.The Welsh Ministers may make such payments in respect of...
9.The Welsh Ministers may pay to the members of a...
10.Payments under this Schedule are subject to such conditions as...

SCHEDULE 14
Further provision about advisory committees for Wales

1.(1) Sub-paragraph (2) applies where the Welsh Ministers are satisfied...
2.The Welsh Ministers may, by notice in writing served on...
3.A committee recognised under section 190 or this Schedule must—...
4.The Welsh Ministers may defray such expenses incurred by a...

SCHEDULE 15
Further provision about local social services authorities

Care of mothers and young children
1.A local social services authority may, with the approval of...

Prevention, care and after-care
2.(1) A local social services authority may, with the approval...

Research
3.(1) A local social services authority may conduct or assist...