National Health Service (Wales) Act 2006

Independent advocacy services E+W

187 Independent advocacy services E+W

(1) The Welsh Ministers must arrange, to such extent as they consider necessary to meet all reasonable requirements, for the provision of independent advocacy services.

(2) “Independent advocacy services”are services providing assistance (by way of representation or otherwise) to individuals making or intending to make—

(a) a complaint under a procedure operated by a health service body [F1 , independent provider or independent palliative care provider],

(b) a complaint under section 113(1) or (2) of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43),

(c) a complaint to the Health Service Commissioner for England F2 ...,

[F3 (ca) a complaint to the Public Services Ombudsman for Wales which relates to a health service body [F4 , family health service provider in Wales, independent provider] or independent palliative care provider,]

(d) a complaint of a prescribed description which relates to the provision of services as part of the health service and—

(i) is made under a procedure of a prescribed description, or

(ii) gives rise, or may give rise, to proceedings of a prescribed description.

(3) In subsection (2)—

• [F5 “ 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),]

• “health service body” means—

  (a)

  in relation to England, a body which, under section 2(1) of the Health Service Commissioners Act 1993 (c. 46), is subject to investigation by the Health Service Commissioner for England,

  (b)

  in relation to Wales, a Welsh health service body (within the meaning of [F6 the Public Services Ombudsman (Wales) Act 2019]),

• [F7 “independent palliative care provider” means a person who is an independent palliative care provider (within the meaning given by [F8 section 64 of the Public Services Ombudsman (Wales) Act 2019]),]

• “independent provider” means—

  (a)

  in relation to England, a person who, under section 2B(1) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England,

  (b)

  in relation to Wales, a person who is an independent provider in Wales (within the meaning of [F9 the Public Services Ombudsman (Wales) Act 2019].

(4) The Welsh Ministers may make such other arrangements as they consider appropriate for the provision of assistance to individuals in connection with complaints relating to the provision of services as part of the health service.

(5) In making arrangements under this section the Welsh Ministers must have regard to the principle that the provision of services under the arrangements should, so far as practicable, be independent of any person who is—

(a) the subject of a relevant complaint, or

(b) involved in investigating or adjudicating on such a complaint.

(6) The Welsh Ministers may make payments to any person in pursuance of arrangements under this section.

Textual Amendments

F1 Words in s. 187(2)(a) substituted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), ss. 180(2)(a), 199(2); S.I. 2014/2718, art. 2(c)

F2 Words in s. 187(2)(c) omitted (1.11.2014) by virtue of Social Services and Well-being (Wales) Act 2014 (anaw 4), ss. 180(2)(b), 199(2); S.I. 2014/2718, art. 2(c)

F3 S. 187(2)(ca) inserted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), ss. 180(2)(c), 199(2); S.I. 2014/2718, art. 2(c)

F4 Words in s. 187(2)(ca) inserted (1.4.2023) by Health and Social Care (Quality and Engagement) (Wales) Act 2020 (asc 1), s. 29(2), Sch. 3 para. 18(a); S.I. 2023/370, art. 3(1)(t)

F5 Words in s. 187(3) inserted (1.4.2023) by Health and Social Care (Quality and Engagement) (Wales) Act 2020 (asc 1), s. 29(2), Sch. 3 para. 18(b); S.I. 2023/370, art. 3(1)(t)

F6 Words in s. 187(3) substituted (23.7.2019) by Public Services Ombudsman (Wales) Act 2019 (anaw 3), s. 77(1), Sch. 5 para. 22(a); S.I. 2019/1096, reg. 2

F7 Words in s. 187(3) inserted (1.11.2014) by Social Services and Well-being (Wales) Act 2014 (anaw 4), ss. 180(3), 199(2); S.I. 2014/2718, art. 2(c)

F8 Words in s. 187(3) substituted (23.7.2019) by Public Services Ombudsman (Wales) Act 2019 (anaw 3), s. 77(1), Sch. 5 para. 22(b); S.I. 2019/1096, reg. 2

F9 Words in s. 187(3) substituted (23.7.2019) by Public Services Ombudsman (Wales) Act 2019 (anaw 3), s. 77(1), Sch. 5 para. 22(c); S.I. 2019/1096, reg. 2