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National Health Service (Wales) Act 2006

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This is the original version (as it was originally enacted).

Chapter 3Special Health Authorities

22Special Health Authorities

(1)The Welsh Ministers may by order establish special bodies for the purpose of exercising any functions which may be conferred on them by or under this Act.

(2)The Welsh Ministers may make such further provision relating to a body established under subsection (1) as they consider appropriate.

(3)A body established under this section is called a Special Health Authority.

(4)An order may, in particular, contain provisions as to—

(a)the membership of the body established by the order,

(b)the transfer to the body of officers, property and liabilities, and

(c)the name of the body.

(5)The liabilities which may be transferred by virtue of this section, section 203(10) and section 204(1) to an NHS body on the abolition of a Special Health Authority include criminal liabilities.

(6)In this Act (apart from in Schedule 12) “NHS body” means—

(a)a Strategic Health Authority,

(b)a Primary Care Trust,

(c)an NHS trust,

(d)a Special Health Authority,

(e)an NHS foundation trust, and

(f)a Local Health Board.

(7)The Welsh Ministers must, before they make an order under this section, consult with respect to the order such bodies as they may recognise as representing officers who in the opinion of the Welsh Ministers are likely to be transferred or affected by transfers in pursuance of the order.

(8)Schedule 5 makes further provision about Special Health Authorities.

23Welsh Ministers' directions to Special Health Authorities

(1)The Welsh Ministers may give directions to a Special Health Authority about its exercise of any functions.

(2)The Welsh Ministers may not give directions under this section in respect of matters concerning xenotransplantation, surrogacy agreements, embryology or human genetics.

(3)Nothing in provision made by or under this or any other Act affects the generality of subsection (1).

24Exercise of health service functions by Special Health Authorities

(1)The Welsh Ministers may direct a Special Health Authority to exercise any of the functions of the Welsh Ministers relating to the health service which are specified in the directions.

(2)Subsection (1) does not apply to the functions of the Welsh Ministers in relation to pilot schemes.

(3)The functions which may be specified in directions include functions under enactments relating to mental health and care homes.

25Exercise of Special Health Authority functions

(1)Regulations may provide for any functions which are exercisable by a Special Health Authority under section 24 to be exercised—

(a)by another Special Health Authority, or

(b)jointly with one or more other Special Health Authorities.

(2)Regulations may provide—

(a)for any functions which are exercisable by a Special Health Authority under section 24 or this section to be exercised on behalf of that Special Health Authority by a committee, sub-committee or officer of the Special Health Authority,

(b)for any functions exercisable jointly under subsection (1)(b) to be exercised, on behalf of the Special Health Authorities in question, by a joint committee or joint sub-committee.

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