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Health Act 2009

Territorial application: Wales

81.The Act confers a number of new or expanded powers on the Welsh Ministers. The following table lists the sections within the Act which affect the existing powers of, or confer new powers or duties on, the Welsh Ministers.

SectionSubject of sectionEffect on the powers of the Welsh Ministers
Part 2, section 19 and Schedule 3Powers to suspend chairs and non-executive directors

Schedule 3 gives the Welsh Ministers new or expanded powers in relation to the suspension of members of Special Health Authorities, community health councils and standing advisory committees.

In relation to Special Health Authorities and standing advisory committees which are cross-border bodies, functions exercisable by the Welsh Ministers under the National Health Service (Wales) Act 2006 (the NHS (Wales) Act) are exercisable concurrently with the Secretary of State and functions exercisable by the Secretary of State under the NHS Act are exercisable concurrently with Welsh Ministers.

Part 3, section 20New section 6(A1) of the 2002 Act (prohibition of advertising: exclusion for specialist tobacconists)Enables the Welsh Ministers to provide in regulations that specialist tobacconists do not commit an offence under section 2 of the 2002 Act (prohibition of tobacco advertising) if a tobacco advertisement on their premises meets certain requirements.  This power replaces an automatic exclusion for specialist tobacconists currently provided by section 6(1) of the 2002 Act.
Part 3, section 21New section 7A(2) and (3) of the 2002 Act (prohibition of tobacco displays)Enables the Welsh Ministers to make regulations to provide for the meaning of “place” and to distinguish between displays and advertisements for the purposes of the prohibition on displaying tobacco products (under the new section 7A(1) of the 2002 Act).
Part 3, section 21New section 7B(3) of the 2002 Act (tobacco displays: exclusions and defence)Enables the Welsh Ministers to make regulations providing for exclusions from the prohibition on displaying tobacco products (under the new section 7A(1) of the 2002 Act).
Part 3, section 21New section 7C(1) of the 2002 Act (displays: prices of tobacco products)Enables the Welsh Ministers to make regulations imposing requirements in relation to the display in a place in Wales of the prices of tobacco products.
Part 3, section 22New section 3A of the 1991 Act (sales from vending machines in England and Wales)Enables the Welsh Ministers to make regulations prohibiting the sale of tobacco from vending machines in Wales.
Schedule 4, paragraph 7(6)New section 13(5A) of the 2002 Act (enforcement)Creates a power for the Welsh Ministers to take over the conduct of any proceedings, in respect of an offence under the 2002 Act committed in Wales, instituted in England and Wales by another person.
Schedule 4, paragraph 12Substitutes a new definition of “appropriate Minister” in section 21(1) of the 2002 Act (interpretation)By amending the definition of “appropriate Minister” for the purposes of the 2002 Act, powers under section 4(3) (power to grant exclusions from the section 2 prohibition of tobacco advertising) and section 13(3) (power to direct that any duty imposed on an enforcement authority shall be discharged by the appropriate Minister) of the 2002 Act are transferred to the Welsh Ministers.
Part 3, section 32Powers of Local Health Boards in WalesEnables Welsh Ministers to make regulations which will permit Local Health Boards to provide local pharmaceutical services (LPS) in certain circumstances, which will be set out in regulations made by the Welsh Ministers.
Part 3, section 31Pharmaceutical and ophthalmic servicesEnables Welsh Ministers to make regulations setting out requirements as to the quality of services provided by pharmaceutical and ophthalmic practitioners.
Part 3, section 36Legal gateway for data on GP and dentists’ payEnables the disclosure of summarised anonymised statistical information relating to GPs and dental practitioners to Welsh Ministers and persons providing services to them or exercising functions on their behalf.

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