Health and Social Care (Quality and Engagement) (Wales) Act 2020

(introduced by section 12(2))

SCHEDULE 1 Citizen Voice Body for Health and Social Care, Wales

PART 1 Status

Status

1 (1) The Citizen Voice Body is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

(2) The Body’s property is not to be regarded as property of, or property held on behalf of, the Crown.

PART 2 Members

Membership

2 (1) The Citizen Voice Body’s members are—

(a) a person appointed by the Welsh Ministers as its chairing member,

(b) a person appointed by the Welsh Ministers as deputy to the chairing member,

(c) at least 6 but not more than 8 other persons appointed by the Welsh Ministers,

(d) its chief executive (see paragraph 9), and

(e) where one or more trade unions are recognised by the Body, a person appointed as its associate member (see paragraph 6).

(2) In this Schedule, the members appointed by the Welsh Ministers are collectively referred to as “non-executive members”; and any reference in this Schedule to the exercise by the non-executive members of a function is a reference to the non-executive members exercising the function as a committee of the Body.

Disqualification from appointment as non-executive member

3 A person is disqualified from being appointed as a non-executive member of the Citizen Voice Body, if the person is a member of the Body’s staff.

Terms of non-executive membership

4 (1) A non-executive member of the Citizen Voice Body holds office for such period, and on such terms and conditions, as may be specified in the terms of appointment, but this is subject to sub-paragraphs (2) and (4) and paragraph 5.

(2) The period of office specified in a non-executive member’s terms of appointment may not exceed 4 years.

(3) A person who has held office as a non-executive member may be reappointed as a non-executive member once only (and sub-paragraph (2) applies in relation to the appointment).

(4) A non-executive member may resign from office by giving written notice to the Welsh Ministers.

(5) The Citizen Voice Body may, with the approval of the Welsh Ministers—

(a) pay its non-executive members remuneration, expenses and allowances;

(b) pay pensions to, or in respect of, persons who have been non-executive members of the Body, and amounts for or towards provision of pensions to, or in respect of, persons who have been non-executive members of the Body.

Removal of non-executive members from office

5 (1) The Welsh Ministers may by written notice to a non-executive member of the Citizen Voice Body remove that person from office if the Welsh Ministers are satisfied—

(a) that the person is unfit to continue as a member, or

(b) that the person is unable or unwilling to exercise the functions of a member.

(2) The Welsh Ministers may by written notice to a non-executive member of the Body suspend that person from office if it appears to them that there may be grounds to exercise the power in sub-paragraph (1).

(3) A person ceases to be a non-executive member of the Body if the person becomes a member of the Body’s staff.

Appointment of the associate member

6 (1) Sub-paragraph (2) applies where—

(a) one or more trade unions are recognised by the Citizen Voice Body, and

(b) the position of associate member is unoccupied.

(2) The non-executive members must invite each of the trade unions recognised by the Body to nominate an eligible candidate for appointment as the Body’s associate member.

(3) The invitation must specify the period within which a nomination is to be made.

(4) The non-executive members must appoint a person, from among the eligible candidates nominated during the period specified under sub-paragraph (3), as the Body’s associate member.

(5) A person is an eligible candidate for appointment as the Body’s associate member, only if the person is—

(a) a member of the Body’s staff, and

(b) a member of a trade union recognised by the Body.

(6) In this Part—

• “recognised”, in relation to a trade union, has the meaning given by the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52);

• “trade union” has the meaning given by that Act.

Terms of associate membership etc.

7 (1) An associate member of the Citizen Voice Body is not eligible to vote in any proceedings of the Body.

(2) An associate member of the Body holds office for such period, and on such terms and conditions, as may be specified by the non-executive members in the terms of appointment, but this is subject to sub-paragraphs (3) and (5) and paragraph 8.

(3) The period of office specified in an associate member’s terms of appointment may not exceed 4 years.

(4) A person who has held office as an associate member may be reappointed under paragraph 6 as an associate member (and sub-paragraph (3) applies in relation to the appointment).

(5) An associate member of the Body may resign from office by giving written notice to the non-executive members.

(6) The Citizen Voice Body may pay an associate member expenses.

Removal of associate member from office

8 (1) The non-executive members may by written notice to the associate member of the Citizen Voice Body remove that person from office as the associate member if satisfied—

(a) that the person is unfit to continue as a member, or

(b) that the person is unable or unwilling to exercise the functions of a member.

(2) The non-executive members may by written notice to the associate member of the Body suspend that person from office as the associate member, if it appears to them that there may be grounds to exercise the power in sub-paragraph (1).

(3) An associate member ceases to hold office if the member ceases to be an eligible candidate for appointment as an associate member (see paragraph 6(5)).

PART 3 Staff

Chief executive

9 (1) The non-executive members of the Citizen Voice Body must appoint a person as the Body’s chief executive.

(2) The chief executive is appointed on such terms and conditions (including terms and conditions as to remuneration, allowances and pension) as may be specified by the non-executive members in the terms of the appointment.

(3) An appointment under this paragraph may not be made without the approval of the Welsh Ministers.

Other staff

10 (1) The Citizen Voice Body may appoint other members of staff, in addition to a chief executive.

(2) A member of staff appointed under this paragraph is appointed on such terms and conditions (including terms and conditions as to remuneration, allowances and pension) as the Body may specify in the terms of the appointment.

(3) The Body may not agree terms and conditions as to remuneration, allowances or pension without the approval of the Welsh Ministers.

PART 4 Ancillary Functions etc.

Committees

11 (1) The Citizen Voice Body may establish committees and sub-committees.

(2) A committee or sub-committee may include, or be comprised entirely of, persons who are not members of the Body.

(3) The Body may pay expenses and allowances to any person who—

(a) is a member of a committee or sub-committee established under this paragraph, and

(b) is not a member of the Body, or a member of its staff.

Delegation

12 (1) The Citizen Voice Body may arrange for any of its functions to be exercised by any of its —

(a) committees,

(b) sub-committees,

(c) members, or

(d) staff.

(2) An arrangement under sub-paragraph (1) does not affect the Body’s responsibility for exercise of a delegated function, nor affect its ability to exercise a delegated function.

Supplementary powers

13 (1) The Citizen Voice Body may do anything which is calculated to facilitate, or which is conducive or incidental to, the exercise of its functions.

(2) But sub-paragraph (1) does not permit the Body to borrow money.

PART 5 Procedure etc.

Procedure

14 (1) The Citizen Voice Body must make rules to regulate its own procedure (including quorum).

(2) The Body must make rules to regulate the procedure of its committees and sub-committees (including quorum).

Validity of proceedings and acts

15 The validity of proceedings and acts of the Citizen Voice Body (or of its committees and sub-committees) is not affected by—

(a) any vacancy in the Body’s membership, or

(b) any defect in the appointment of a member.

Seal

16 (1) The Citizen Voice Body may have a seal.

(2) The application of the seal must be authenticated by the signature of—

(a) any member of the Body, or

(b) any other person authorised by the Body for that purpose.

Evidence

17 A document purporting to be duly executed under the seal of the Citizen Voice Body or to be signed on the Body’s behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

PART 6 Financial Matters

Funding

18 The Welsh Ministers may make payments to the Citizen Voice Body of such amounts, and at such times, and on such conditions, as the Welsh Ministers think appropriate.

Accounting officer

19 (1) The Citizen Voice Body’s chief executive is its accounting officer.

(2) The accounting officer has, in relation to the Body’s accounts and finances, the responsibilities specified from time to time by the Welsh Ministers.

(3) The responsibilities that may be specified include—

(a) responsibilities in relation to the signing of accounts;

(b) responsibilities for the propriety and regularity of the Body’s finances;

(c) responsibilities for the economy, efficiency and effectiveness with which the Body uses its resources;

(d) responsibilities owed to the Welsh Ministers, the National Assembly for Wales or its Public Accounts Committee.

Accounts

20 (1) The Citizen Voice Body must for each financial year—

(a) keep proper accounts and proper records in relation to those accounts, and

(b) prepare a statement of accounts.

(2) Each statement of accounts must comply with any directions given by the Welsh Ministers as to—

(a) the information to be contained in it,

(b) the manner in which the information is to be presented, and

(c) the methods and principles according to which the statement is to be prepared.

(3) No later than 31 August after the end of each financial year the Body must submit its statement of accounts to—

(a) the Welsh Ministers, and

(b) the Auditor General for Wales.

Audit

21 (1) This paragraph applies in relation to each statement of accounts submitted to the Auditor General for Wales by the Citizen Voice Body under paragraph 20(3)(b).

(2) The Auditor General for Wales must examine, certify and report on the statement of accounts.

(3) The Auditor General for Wales must, before the expiry of the period of 4 months beginning with the day on which the statement of accounts is submitted (“the 4-month period”), lay before the National Assembly for Wales—

(a) a copy of the certified statement and report, or

(b) if it is not reasonably practicable to comply with paragraph (a), a statement to that effect, which must include reasons as to why this is the case.

(4) Where the Auditor General for Wales has laid a statement under sub-paragraph (3)(b) in relation to a statement of accounts, the Auditor General must lay a copy of the certified statement and report before the National Assembly for Wales as soon as reasonably practicable after the expiry of the 4-month period.

(5) In complying with sub-paragraph (2) the Auditor General for Wales must, in particular, examine and report on whether, in the opinion of the Auditor General, the expenditure to which the accounts relate has been incurred lawfully and in accordance with the authority which governs it.

PART 7 Reporting Requirements etc.

Annual plan

22 (1) Before the start of each financial year the Citizen Voice Body must publish a plan setting out how it proposes to exercise its functions during the year.

(2) A plan under this paragraph must include a statement of the Body’s objectives and priorities for the year.

(3) Before publishing a plan under this paragraph, the Body must consult such persons as it considers appropriate on its proposed objectives and priorities.

Annual reports

23 (1) As soon as is practicable after the end of each financial year, the Citizen Voice Body must publish a report (an “annual report”) on the exercise of its functions during the year.

(2) The Body must—

(a) send a copy of its annual report to the Welsh Ministers;

(b) lay a copy of its annual report before the National Assembly for Wales.

Provision of information to Welsh Ministers

24 The Citizen Voice Body must provide the Welsh Ministers with such information relating to the exercise of its functions as they may from time to time require.

PART 8 Interpretation

General interpretation

25 In this Schedule—

• “financial year” means the period of 12 months ending with the 31 March;

• “non-executive member” has the meaning given by paragraph 2(2).

(introduced by section 23(3))

SCHEDULE 2 Transfers of Property, Rights and Liabilities

Transfer schemes

1 (1) The Welsh Ministers may, in connection with the abolition of Community Health Councils, make one or more transfer schemes.

(2) A transfer scheme is a scheme providing for the transfer to the Citizen Voice Body of any property, rights and liabilities mentioned in sub-paragraph (3).

(3) The property, rights and liabilities are property and rights acquired, or liabilities incurred, by—

(a) the Welsh Ministers;

(b) a Local Health Board;

(c) an NHS trust.

(4) The things that may be transferred under a transfer scheme include—

(a) property, rights and liabilities which could not otherwise be transferred;

(b) property acquired, and rights and liabilities arising, after the making of the scheme.

(5) A transfer scheme may make consequential, supplementary, incidental, transitional or transitory provision.

(6) By virtue of sub-paragraph (5), a transfer scheme may, for example—

(a) create rights, or impose liabilities, in relation to property or rights transferred;

(b) make provision about the continuing effect of things done in respect of anything transferred;

(c) make provision about the continuation of things (including legal proceedings) in the process of being done in respect of anything transferred;

(d) make provision for the shared ownership or use of property;

(e) make provision for references to the Welsh Government or the Welsh Ministers, or references to a Local Health Board or an NHS trust, in an instrument or other document in respect of anything transferred to be treated as references to the Citizen Voice Body;

(f) make provision which is the same as or similar to a provision made by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) in a case where those regulations do not apply in relation to the transfer.

(7) A transfer scheme may provide—

(a) for modification by agreement;

(b) for modifications to have effect from the date when the scheme came into effect.

(8) The Welsh Ministers must lay a copy of any transfer scheme before the National Assembly for Wales.

(9) In this paragraph—

(a) references to rights and liabilities include references to rights and liabilities arising in relation to a contract of employment;

(b) references to the transfer of property include references to the grant of a lease.

(introduced by section 27)

SCHEDULE 3 Minor and Consequential Amendments

PART 1 Amendments and repeals relating to Part 2

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

1 Part 2 of the Health and Social Care (Community Health and Standards) Act 2003 (standards in relation to health care provided by or for Welsh NHS bodies) is amended as follows.

2 Section 45(1) is repealed.

3 In section 47 (power to prepare and publish standards in relation to the provision of health care), in subsection (4), for the words from “every” to the end substitute “a Welsh NHS body in discharging a duty under section 12A(1), 20A(1) or 24A(1) of the National Health Service (Wales) Act 2006 (duties to secure quality in the provision of health services).”

4 In section 70 (reviews and investigations relating to Wales), in subsection (3), for the words from “arrangements” to the end substitute “steps taken by a Welsh NHS body for the purpose of discharging a duty under section 12A(1), 20A(1) or 24A(1) of the National Health Service (Wales) Act 2006 (duties to secure quality in the provision of health services).”

PART 2 Amendments and repeals relating to Part 4

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

5 In Schedule 1 to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which Act applies), in paragraph 1, after sub-paragraph (bj) insert—

“(bja) the Citizen Voice Body for Health and Social Care, Wales;”.

Mental Health Act 1983 (c. 20)

6 In section 134 of the Mental Health Act 1983 (correspondence of patients)—

(a) after subsection (3)(ca), insert—

“(cb) the Citizen Voice Body for Health and Social Care, Wales;”;

(b) in subsection (3)(e), omit “, a Community Health Council”.

Community Health Councils (Access to Information) Act 1988 (c. 24)

7 The Community Health Councils (Access to Information) Act 1988 is repealed.

Freedom of Information Act 2000 (c. 36)

8 In Schedule 1 to the Freedom of Information Act 2000 (public authorities)—

(a) in Part 3 (the National Health Service, England and Wales), omit paragraph 41;

(b) in Part 6 (other public bodies and offices: general), after the entry for the Children’s Commissioner for Wales insert—

• “The Citizen Voice Body for Health and Social Care, Wales.”

Government of Wales Act 2006 (c. 32)

9 In section 148 of the Government of Wales Act 2006 (meaning of “Welsh public records”), in subsection (2), after paragraph (a) insert—

“(aa) the Citizen Voice Body for Health and Social Care, Wales,”.

Equality Act 2010 (c. 15)

10 In Schedule 19 to the Equality Act 2010 (public authorities), in Part 2 (relevant Welsh authorities)—

(a) under the heading “National Health Service”—

(i) omit the words “A Community Health Council in Wales.”;

(ii) omit the words “The Board of Community Health Councils in Wales or Bwrdd Cynghorau Iechyd Cymuned Cymru.”;

(b) under the heading “other public authorities”, after the entry for the Auditor General for Wales insert—

• “The Citizen Voice Body for Health and Social Care, Wales or Corff Llais y Dinesydd ar gyfer Iechyd a Gofal Cymdeithasol, Cymru.”

Welsh Language (Wales) Measure 2011 (nawm 1)

11 In Schedule 6 to the Welsh Language (Wales) Measure 2011 (public bodies etc.: standards), in the table—

(a) omit the entry for the Board of Community Health Councils in Wales;

(b) omit the entry for Community Health Councils;

(c) under the heading “General”, after the entry for the Children’s Commissioner for Wales insert—

“The Citizen Voice Body for Health and Social Care, Wales (“Corff Llais y Dinesydd ar gyfer Iechyd a Gofal Cymdeithasol, Cymru”)	Service delivery standards
	Policy making standards
	Operational standards
	Record keeping standards”.

Well-being of Future Generations (Wales) Act 2015 (anaw 2)

12 In section 32 of the Well-being of Future Generations (Wales) Act 2015 (other partners of public services boards)—

(a) omit subsection (1)(c);

(b) after subsection (1)(b) insert—

“(ba) the Citizen Voice Body for Health and Social Care, Wales;”.

Counter-Terrorism and Security Act 2015 (c. 6)

13 In Schedule 6 to the Counter-Terrorism and Security Act 2015 (specified authorities), in Part 1 (General: England and Wales), under the heading “Health and social care”, omit the words “A Community Health Council in Wales.”

Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)

14 In section 177 of the Regulation and Inspection of Social Care (Wales) Act 2016 (meaning of relevant authority in Part 9 of Act)—

(a) omit subsection (1)(g), and

(b) omit subsection (2)(c).

Digital Economy Act 2017 (c. 30)

15 In Schedule 4 to the Digital Economy Act 2017 (specified persons for purposes of disclosure of information to improve public service delivery), in Part 2 (Welsh bodies)—

(a) in paragraph 35 for “A Community Health Council in Wales.” substitute “The Citizen Voice Body for Health and Social Care, Wales.”;

(b) omit paragraph 38.

The Welsh Language Standards (No. 7) Regulations 2018 (S.I. 2018/441)

16 (1) The Welsh Language Standards (No. 7) Regulations 2018 are amended as follows.

(2) In regulation 3(2)(b) for “Community Health Councils and the Board of Community Health Councils in Wales requiring them” substitute “the Citizen Voice Body requiring it”.

(3) In Schedule 6—

(a) omit the entry for the Board of Community Health Councils in Wales;

(b) omit the entry for Community Health Councils;

(c) at the appropriate place insert—

• “the Citizen Voice Body for Health and Social Care, Wales (“Corff Llais y Dinesydd ar gyfer Iechyd a Gofal Cymdeithasol, Cymru”)”.

Public Services Ombudsman (Wales) Act 2019 (anaw 3)

17 (1) The Public Services Ombudsman (Wales) Act 2019 is amended as follows.

(2) In section 16 (power to investigate other health-related services), in the definition of “relevant listed authority” in subsection (4)—

(a) omit paragraph (a);

(b) omit paragraph (e);

(c) after paragraph (i) insert—

“(ia) the Citizen Voice Body for Health and Social Care, Wales;”.

(3) In Schedule 3 (listed authorities), under the heading “Health and social care”—

(a) omit the words “The Board of Community Health Councils in Wales.”;

(b) omit the words “A Community Health Council.”;

(c) after the final entry insert—

• “The Citizen Voice Body for Health and Social Care, Wales.”

PART 3 Amendment of 2006 Act: Independent Advocacy Services

National Health Service (Wales) Act 2006 (c. 42)

18 In section 187 of the 2006 Act (duty of Welsh Ministers to arrange for provision of independent advocacy services)—

(a) in subsection (2)(ca), after “health service body” insert “, family health service provider in Wales, independent provider”;

(b) in subsection (3), at the appropriate place, insert—

• ““family health service provider in Wales” has the same meaning as it has in the Public Services Ombudsman (Wales) Act 2019 (see, in particular, section 78 of that Act),”.