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National Health Service (Wales) Act 2006

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part 1 Promotion and provision of the health service in Wales

    1. The Welsh Ministers and the health service in Wales

      1. 1.Welsh Ministers' duty to promote health service

    2. General power to provide services

      1. 2.Welsh Ministers' general power

    3. Provision of particular services

      1. 3.Welsh Ministers' duty as to provision of certain services

      2. 4.High security psychiatric services

      3. 5.Other services

    4. Provision of services otherwise than in Wales

      1. 6.Performance of functions outside Wales

    5. NHS contracts

      1. 7.NHS contracts

      2. 8.Provision for bodies in Northern Ireland

      3. 9.Arrangements to be treated as NHS contracts

    6. Provision of services otherwise than by the Welsh Ministers

      1. 10.Welsh Ministers' arrangements with other bodies

  3. Part 2 Health service bodies

    1. Chapter 1 Local Health Boards

      1. 11.Local Health Boards

      2. 12.Functions of Local Health Boards

      3. 13.Exercise of Local Health Board functions

      4. 14.Section 50 arrangements and section 64 arrangements

      5. 15.Administration and management of services

      6. 16.Advice for Local Health Boards

      7. 17.Plans for improving health etc

    2. Chapter 2 NHS trusts

      1. 18.NHS trusts

      2. 19.Welsh Ministers' directions to NHS trusts

      3. 20.General duty of NHS trusts

      4. 21.Financial provisions relating to NHS trusts

    3. Chapter 3 Special Health Authorities

      1. 22.Special Health Authorities

      2. 23.Welsh Ministers' directions to Special Health Authorities

      3. 24.Exercise of health service functions by Special Health Authorities

      4. 25.Exercise of Special Health Authority functions

    4. Chapter 4 Miscellaneous

      1. Intervention orders and default powers

        1. 26.Intervention orders

        2. 27.Effect of intervention orders

        3. 28.Default powers

      2. Transfer of residual liabilities

        1. 29.Transfer of residual liabilities

      3. Losses and liabilities of certain health service bodies

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

      4. Directions and regulations under this Part

        1. 31.Directions and regulations under this Part

  4. Part 3 Local authorities and the NHS

    1. 32.Supply of goods and services by local authorities

    2. 33.Arrangements between NHS bodies and local authorities

    3. 34.Power of local authorities to make payments

    4. 35.Care Trusts

    5. 36.Directed partnership arrangements

    6. 37.Further provisions about directions and directed partnership arrangements

    7. 38.Supply of goods and services by the Welsh Ministers

    8. 39.Conditions of supply under section 38

    9. 40.Health and well-being strategies in Wales

  5. Part 4 Medical services

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

      1. 41.Primary medical services

    2. General medical services contracts

      1. 42.General medical services contracts: introductory

      2. 43.Requirement to provide certain primary medical services

      3. 44.Persons eligible to enter into GMS contracts

      4. 45.GMS contracts: payments

      5. 46.GMS contracts: prescription of drugs, etc

      6. 47.GMS contracts: other required terms

      7. 48.GMS contracts: disputes and enforcement

    3. Performance of primary medical services

      1. 49.Persons performing primary medical services

    4. Other arrangements for the provision of primary medical services

      1. 50.Arrangements by Local Health Boards for the provision of primary medical services

      2. 51.Persons with whom agreements may be made under section 50

      3. 52.Regulations about section 50 arrangements

    5. Assistance and support

      1. 53.Assistance and support: primary medical services

    6. Local Medical Committees

      1. 54.Local Medical Committees

    7. Provision of accommodation by the Welsh Ministers

      1. 55.Use of accommodation: provision of primary medical services

  6. Part 5 Dental services

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

      1. 56.Primary dental services

    2. General dental services contracts

      1. 57.General dental services contracts: introductory

      2. 58.Requirement to provide certain primary dental services

      3. 59.Persons eligible to enter into GDS contracts

      4. 60.GDS contracts: payments

      5. 61.GDS contracts: other required terms

      6. 62.GDS contracts: disputes and enforcement

    3. Performance of primary dental services

      1. 63.Persons performing primary dental services

    4. Other arrangements for the provision of primary dental services

      1. 64.Arrangements by Local Health Boards for the provision of primary dental services

      2. 65.Persons with whom agreements may be made under section 64

      3. 66.Regulations about section 64 arrangements

    5. Dental public health

      1. 67.Dental public health

    6. Assistance and support

      1. 68.Assistance and support: primary dental services

    7. Local Dental Committees

      1. 69.Local Dental Committees

    8. Provision of accommodation by the Welsh Ministers

      1. 70.Use of accommodation: provision of primary dental services

  7. Part 6 Ophthalmic services

    1. General ophthalmic services

      1. 71.Arrangements for general ophthalmic services

      2. 72.Regulations as to general ophthalmic services

      3. 73.Medical practitioners with qualifications prescribed under section 71

      4. 74.Exercise of choice of practitioner

      5. 75.Inadequate provision of ophthalmic services

    2. Remuneration

      1. 76.Remuneration for persons providing general ophthalmic services

      2. 77.Section 76: supplementary

    3. Local Optical Committees

      1. 78.Local Optical Committees

    4. Provision of accommodation by the Welsh Ministers

      1. 79.Use of accommodation: provision of general ophthalmic services

  8. Part 7 Pharmaceutical services and local pharmaceutical services

    1. Chapter 1 Pharmaceutical services

      1. Provision of pharmaceutical services

        1. 80.Arrangements for pharmaceutical services

        2. 81.Arrangements for additional pharmaceutical services

        3. 82.Terms and conditions, etc

        4. 83.Regulations as to pharmaceutical services

        5. 84.Regulations under section 83: appeals, etc

        6. 85.Power to charge

        7. 86.Persons authorised to provide pharmaceutical services

        8. 87.Inadequate provision of pharmaceutical services

      2. Remuneration

        1. 88.Remuneration for persons providing pharmaceutical services

        2. 89.Section 88: supplementary

      3. Local Pharmaceutical Committees

        1. 90.Local Pharmaceutical Committees

      4. Provision of accommodation by the Welsh Ministers

        1. 91.Use of accommodation: provision of pharmaceutical services

    2. Chapter 2 Local pharmaceutical services: pilot schemes

      1. 92.Pilot schemes

      2. 93.Making pilot schemes

      3. 94.Designation of priority neighbourhoods or premises

      4. 95.Reviews of pilot schemes

      5. 96.Variation and termination of pilot schemes

      6. 97.NHS contracts and the provision of piloted services

      7. 98.Funding of preparatory work

      8. 99.Application of this Act

      9. 100.Premises from which piloted services may be provided

      10. 101.Control of entry regulations

    3. Chapter 3 Local pharmaceutical services: LPS schemes

      1. 102.Local pharmaceutical services schemes

    4. Chapter 4 Local pharmaceutical services: application of enactments

      1. 103.Application of enactments

  9. Part 8 Qualifications to practice

    1. Chapter 1 Conditional inclusion and supplementary lists

      1. 104.Conditional inclusion in ophthalmic and pharmaceutical lists

      2. 105.Supplementary lists

      3. 106.Further provision about regulations under section 105

    2. Chapter 2 Disqualification

      1. 107.Disqualification of practitioners

      2. 108.Contingent removal

      3. 109.Fraud and unsuitability cases: supplementary

      4. 110.Suspension

      5. 111.Suspension pending appeal

      6. 112.Effect of suspension

      7. 113.Review of decisions

      8. 114.Appeals

      9. 115.National disqualification

      10. 116.Notification of decisions

      11. 117.Withdrawal from lists

      12. 118.Regulations about decisions under this Chapter

      13. 119.Corresponding provisions in Scotland and Northern Ireland

    3. Chapter 3 Indemnity Cover

      1. 120.Indemnity cover

  10. Part 9 Charging

    1. Power to charge generally

      1. 121.Charges for drugs, medicines or appliances, or pharmaceutical services

      2. 122.Exemptions from general charging

      3. 123.Pre-payment certificates

      4. 124.Charges in respect of non-residents

    2. Charging for dental services

      1. 125.Dental charging

      2. 126.Exemptions from dental charging

    3. Charging for local pharmaceutical services

      1. 127.Charges, recovery of payments and penalties

    4. Charging for optical appliances

      1. 128.Charges for optical appliances

      2. 129.Payments in respect of optical appliances

    5. Exemptions, etc

      1. 130.Remission and repayment of charges

      2. 131.Payment of travelling expenses

      3. 132.Sections 130 and 131: supplementary

    6. Other provisions relating to charging

      1. 133.Charges for more expensive supplies

      2. 134.Charges for repairs and replacements in certain cases

      3. 135.Charges for designated services or facilities

      4. 136.Sums otherwise payable to those providing services

      5. 137.Hospital accommodation on part payment

      6. 138.Expenses payable by employed patients

    7. Recovery, etc

      1. 139.Recovery of charges

      2. 140.Recovery of charges and payments in relation to goods and services

      3. 141.Penalties relating to charges

      4. 142.Offences relating to charges

  11. Part 10 Protection of NHS from fraud and other unlawful activities

    1. Preliminary

      1. 143.Compulsory disclosure of documents

      2. 144.Persons and bodies about which provision is made by this Part

    2. Disclosure notices

      1. 145.Notice requiring production of documents

      2. 146.Production of documents

      3. 147.Delegation of functions

      4. 148.Code of practice relating to delegated functions

      5. 149.Disclosure of information

      6. 150.Protection of personal information disclosed for purposes of proceedings

      7. 151.Manner in which disclosure notice may be served

    3. Offences under this Part

      1. 152.Offences in connection with production of documents

      2. 153.Offences relating to disclosure or use of information

      3. 154.Offences by bodies corporate etc

      4. 155.Offences committed by partnerships and other unincorporated associations

      5. 156.Penalties for offences under this Part: transitional modification

    4. Supplementary

      1. 157.Orders and regulations under this Part

      2. 158.Interpretation of this Part

  12. Part 11 Property and finance

    1. Chapter 1 Land and other Property

      1. 159.Acquisition, use and maintenance of property

    2. Chapter 2 Trusts

      1. 160.Special trustees for a university or teaching hospital

      2. 161.Transfers of trust property

      3. 162.Transfer of functions and property to or from special trustees

      4. 163.Trustees and property under section 169

      5. 164.Application of trust property: further provisions

      6. 165.Trusts: supplementary provisions

    3. Chapter 3 Property transferred under the National Health Service Act 1946

      1. 166.Transferred property free of trusts

      2. 167.Trust property previously held for general hospital purposes

      3. 168.Voluntary hospitals

    4. Chapter 4 Raising money

      1. 169.Power to raise money

    5. Chapter 5 Formation of companies

      1. 170.Public-private partnerships

    6. Chapter 6 Finance

      1. Special Health Authorities

        1. 171.Means of meeting expenditure of Special Health Authorities out of public funds

        2. 172.Financial duties of Special Health Authorities

        3. 173.Resource limits for Special Health Authorities

      2. Local Health Boards

        1. 174.Public funding of Local Health Boards

        2. 175.Financial duties of Local Health Boards

        3. 176.Resource limits for Local Health Boards

        4. 177.Further provision about the expenditure of Local Health Boards

      3. Accounts and audit

        1. 178.Accounts and audit

      4. Allowances and remuneration

        1. 179.Allowances for members of certain bodies

        2. 180.Special arrangement as to payment of remuneration

        3. 181.Payments for certain medical examinations

  13. Part 12 Public involvement and scrutiny

    1. Chapter 1 Community Health Councils

      1. 182.Community Health Councils

    2. Chapter 2 Public involvement and consultation

      1. 183.Public involvement and consultation

    3. Chapter 3 Overview and scrutiny committees

      1. 184.Functions of overview and scrutiny committees

      2. 185.Joint overview and scrutiny committees etc

      3. 186.Overview and scrutiny committees: exempt information

  14. Part 13 Miscellaneous

    1. Independent advocacy services

      1. 187.Independent advocacy services

    2. Joint working with the prison service

      1. 188.Joint working with the prison service

    3. Advisory committees

      1. 189.Welsh Ministers' standing advisory committees

      2. 190.Advisory committees for Wales

    4. Emergency powers

      1. 191.Emergency powers

    5. Local social services authorities

      1. 192.Local social service authorities

    6. Supplies by the Welsh Ministers

      1. 193.Supplies not readily obtainable

    7. Community services

      1. 194.Power of Local Health Boards to make payments towards expenditure on community services

      2. 195.Payments in respect of voluntary organisations under section 194

      3. 196.Power of Welsh Ministers to make payments towards expenditure on community services in Wales

    8. Universities

      1. 197.University clinical teaching and research

    9. Use of facilities in private practice

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

    10. Health service development

      1. 199.Persons displaced by health service development

    11. Registration of information, etc

      1. 200.Special notices of births and deaths

      2. 201.Provision of information by Registrar General

  15. Part 14 Supplementary

    1. 202.Territorial limit of exercise of functions

    2. 203.Orders, regulations and directions

    3. 204.Further provision about orders and directions under this Act

    4. 205.Supplementary regulatory powers

    5. 206.Interpretation

    6. 207.Index of defined expressions

    7. 208.Commencement

    8. 209.Short title, extent and application

  16. SCHEDULES

    1. SCHEDULE 1

      Further provision about the Welsh Ministers and services under this Act

      1. 1.Medical inspection of pupils

      2. 2.(1) The Welsh Ministers may, by arrangement with any local...

      3. 3.An arrangement under paragraph 2(1)(b) may provide for payments by...

      4. 4.A local education authority may not make an arrangement under...

      5. 5.(1) Sub-paragraph (2) applies to— (a) each local education authority,...

      6. 6.In paragraphs 1 to 5 any expression to which a...

      7. 7.Any charge made under regulations under this Act in respect...

      8. 8.Contraceptive services

      9. 9.Provision of vehicles for disabled persons

      10. 10.(1) Sub-paragraphs (2) and (3) apply in respect of—

      11. 11.Regulations may provide for any incidental or supplementary matter for...

      12. 12.Provision of a microbiological service by the Welsh Ministers

      13. 13.Powers of the Welsh Ministers in relation to research

    2. SCHEDULE 2

      Local Health Boards

      1. Part 1 Constitution and membership

        1. 1.Status

        2. 2.(1) A Local Health Board must not be regarded as...

        3. 3.Membership

        4. 4.(1) Regulations may make provision about— (a) the appointment of...

        5. 5.Any reference in this Schedule to a committee of a...

        6. 6.The validity of any proceedings of a Local Health Board,...

        7. 7.Staff

        8. 8.(1) The Welsh Ministers may direct a Local Health Board—...

        9. 9.In addition to making provision in relation to Strategic Health...

        10. 10.Remuneration, pensions etc of members

      2. Part 2 LHB orders

        1. 11.(1) An LHB order must specify— (a) the name of...

        2. 12.(1) An LHB order may provide for the establishment of...

      3. Part 3 Other Matters

        1. 13.General power

        2. 14.Rights and liabilities

        3. 15.Making accommodation or services available

        4. 16.Powers of Local Health Boards to enter into externally financed development agreements

        5. 17.Research

        6. 18.Training

        7. 19.Regulations about duties

        8. 20.Compulsory acquisition

        9. 21.Dissolution

        10. 22.Transfer of property

        11. 23.(1) Stamp duty is not chargeable in respect of any...

        12. 24.Transfer of staff

        13. 25.(1) The contract of employment of an employee transferred under...

        14. 26.(1) Where an employee will be transferred by an order...

        15. 27.Where a Local Health Board is dissolved, an order under...

        16. 28.Interpretation

    3. SCHEDULE 3

      NHS trusts established under section 18

      1. Part 1 Constitution, establishment, etc

        1. 1.Status

        2. 2.(1) An NHS trust must not be regarded as the...

        3. 3.Board of directors

        4. 4.Regulations

        5. 5.Provision to be made by first NHS trust order

        6. 6.Temporary availability of staff etc.

        7. 7.Establishment of NHS trust prior to operational date

        8. 8.Transfer of staff to NHS trusts

        9. 9.Transfer of property and liabilities to NHS trusts

        10. 10.Trust funds and trustees

        11. 11.Pay and allowances

        12. 12.Reports and other information

        13. 13.An NHS trust must furnish to the Welsh Ministers such...

      2. Part 2 Powers and duties

        1. 14.General

        2. 15.NHS contracts

        3. 16.Research

        4. 17.Training

        5. 18.Joint exercise of functions

        6. 19.Payment for accommodation or services

        7. 20.Additional income

        8. 21.Provision of accommodation and services outside England and Wales

        9. 22.Conferral of further powers by order

        10. 23.Powers of NHS trusts to enter into externally financed development agreements

        11. 24.Agreements under section 50 or 64

        12. 25.Staff

        13. 26.Pensions, etc.

        14. 27.Compulsory acquisition

      3. Part 3 Dissolution

        1. 28.(1) The Welsh Ministers may by order dissolve an NHS...

        2. 29.(1) If an NHS trust is dissolved under paragraph 28,...

        3. 30.(1) If an NHS trust is dissolved under paragraph 28,...

        4. 31.An NHS trust may not be dissolved or wound up...

      4. Part 4 Miscellaneous

        1. 32.Use and development of consecrated land and burial grounds

        2. 33.Instruments etc.

        3. 34.Interpretation

    4. SCHEDULE 4

      Financial provision about NHS trusts established under section 18

      1. 1.Originating capital of NHS trusts

      2. 2.Financial obligations of NHS trusts

      3. 3.Borrowing

      4. 4.Guarantees of borrowing

      5. 5.Limits on indebtedness

      6. 6.Additional public dividend capital

      7. 7.Supplementary payments

      8. 8.Surplus funds

      9. 9.Investment

      10. 10.Any direction under section 19 with respect to the maximum...

    5. SCHEDULE 5

      Special Health Authorities established under section 22

      1. 1.Corporate status

      2. 2.Pay and allowances

      3. 3.Staff

      4. 4.(1) The Welsh Ministers must, before they make regulations under...

      5. 5.Miscellaneous

      6. 6.Regulations made under this Schedule may make provision (including provision...

      7. 7.A Special Health Authority may pay subscriptions, of such amounts...

      8. 8.A Special Health Authority has power to accept gifts of...

      9. 9.(1) The Welsh Ministers may by order provide for the...

      10. 10.The proceedings of a Special Health Authority are not invalidated...

      11. 11.(1) A Special Health Authority may— (a) make available at...

      12. 12.(1) Any rights acquired, or liabilities (including liabilities in tort)...

      13. 13.Provision may be made by regulations with respect to the...

    6. SCHEDULE 6

      Pilot schemes

      1. 1.How pilot schemes may be initiated

      2. 2.Preliminary steps to be taken

      3. 3.Approval

      4. 4.Preliminary approval

      5. 5.Effect of proposals on existing services

      6. 6.Guidance

      7. 7.Making a scheme

    7. SCHEDULE 7

      LPS schemes

      1. 1.Provision of local pharmaceutical services

      2. 2.Designation of priority neighbourhoods or premises

      3. 3.Regulations

    8. SCHEDULE 8

      Further provision about the expenditure of Local Health Boards

      1. 1.General ophthalmic and pharmaceutical services expenditure

      2. 2.Main expenditure

      3. 3.(1) For each financial year, the Welsh Ministers must apportion...

      4. 4.Interpretation

    9. SCHEDULE 9

      Accounts and audit

      1. 1.NHS bodies

      2. 2.Accounts to be kept by NHS bodies

      3. 3.Preparation of annual accounts

      4. 4.Transmission of annual accounts

      5. 5.Summarised accounts of NHS bodies

      6. 6.Exceptions for accounts of charitable trusts

      7. 7.Exceptions for accounts of non-charitable trusts

    10. SCHEDULE 10

      Further provision about Community Health Councils

      1. 1.Each Community Health Council must — (a) represent the interests...

      2. 2.Regulations may make provision about— (a) the membership of Councils...

      3. 3.(1) The Welsh Ministers may make regulations requiring—

      4. 4.The Welsh Ministers may by regulations— (a) provide for the...

      5. 5.The Welsh Ministers may pay to members of Councils and...

    11. SCHEDULE 11

      Exempt information relating to health services

      1. Part 1 Descriptions of exempt information

        1. 1.Information relating to a particular employee, former employee or applicant...

        2. 2.Information relating to any particular occupier or former occupier of,...

        3. 3.Information relating to any particular applicant for, or recipient or...

        4. 4.Information relating to any particular applicant for, or recipient or...

        5. 5.The amount of any expenditure proposed to be incurred by...

        6. 6.Any terms proposed or to be proposed by or to...

        7. 7.The identity of a relevant body (as well as of...

        8. 8.Information relating to any consultations or negotiations, or contemplated consultations...

        9. 9.Any instructions to counsel and any opinion of counsel (whether...

        10. 10.Information relating to a particular person who was included in...

        11. 11.Information relating to a particular person who is, or was...

        12. 12.Information relating to a particular person who—

        13. 13.(1) Information relating to a particular person who—

        14. 14.Information relating to any particular employee, former employee, or applicant...

        15. 15.Information relating to the physical or mental health of a...

      2. Part 2 Qualifications

        1. 16.Information relating to a person of a description specified in...

        2. 17.Information falling within paragraph 5 of Part 1 is exempt...

        3. 18.Information falling within paragraph 6 of Part 1 is exempt...

        4. 19.Information falling within paragraph 8 of Part 1 is exempt...

      3. Part 3 Interpretation

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

    12. SCHEDULE 12

      Section 33 arrangements: transfer of staff

      1. 1.Application of Schedule

      2. 2.Orders transferring staff

      3. 3.Effect of order on contracts of employment

      4. 4.Effect of order on pension rights

      5. 5.Divided employments

    13. SCHEDULE 13

      Further provision about standing advisory committees

      1. 1.Regulations may make provision with respect to—

      2. 2.The Welsh Ministers must appoint a secretary to each standing...

      3. 3.Each standing advisory committee may appoint such sub-committees as it...

      4. 4.Any such sub-committee may include persons who are not members...

      5. 5.Each standing advisory committee must elect one of the members...

      6. 6.Each standing advisory committee has power to regulate its own...

      7. 7.The proceedings of a standing advisory committee are not invalidated...

      8. 8.The Welsh Ministers may make such payments in respect of...

      9. 9.The Welsh Ministers may pay to the members of a...

      10. 10.Payments under this Schedule are subject to such conditions as...

    14. SCHEDULE 14

      Further provision about advisory committees for Wales

      1. 1.(1) Sub-paragraph (2) applies where the Welsh Ministers are satisfied...

      2. 2.The Welsh Ministers may, by notice in writing served on...

      3. 3.A committee recognised under section 190 or this Schedule must—...

      4. 4.The Welsh Ministers may defray such expenses incurred by a...

    15. SCHEDULE 15

      Further provision about local social services authorities

      1. 1.Care of mothers and young children

      2. 2.Prevention, care and after-care

      3. 3.Research

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