The Local Health Boards (Functions) (Wales) Regulations 2003

Citation, commencement and extent

1.  These Regulations may be cited as the Local Health Board (Functions) (Wales) Regulations 2003 and shall come into force on 1st April 2003 and shall apply to Wales only.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires —

“the Act” (“y Ddeddf”) means the National Health Service Act 1977;

“LHB order” (“gorchymyn BILl”) shall be construed in accordance with section 16BA(2) of the Act;

“the relevant date” (“y dyddiad perthnasol”) means—

(a)

1st April 2003; or

(b)

the date on which the Local Health Board in question was established,

whichever is the latest;

“relevant Health Authority” (“Awdurdod Iechyd perthnasol”) means the Health Authority previously in existence for the area for which the Local Health Board is established.

(2) For the purposes of these Regulations, the persons for whom a Local Health Board is responsible in any year are the persons usually resident in the area for which the Local Health Board is established.

(3) Subject to any direction which the National Assembly may give as to any particular case or classes of case, if there is doubt as to where a person is usually resident for the purposes of paragraph (2) —

(a) the person shall be treated as usually resident at the address given by him or her to the person or body providing him or her with services, as being that at which the person usually resides;

(b) where the person gives no such address, he or she shall be treated as usually resident at the address which he or she gives to the person or body providing him or her with services, as being the person’s most recent address;

(c) where the person’s usual address cannot be determined under sub-paragraphs (a) and (b) above, he or she shall be treated as usually resident in the area in which the person is present.

Functions to be exercised by Local Health Boards

3.—(1) Subject to any prohibitions or restrictions in a LHB order, the functions specified in paragraph (2) are to be exercised by a Local Health Board as from the relevant date.

(2) The functions referred to in paragraph (1) are the functions which were exercised by a relevant Health Authority as at midnight 31st March 2003 and which have been transferred to the National Assembly for Wales by order made pursuant to section 27 of the Government of Wales Act(1) except those functions referred to in the Schedule;

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998.

D. Elis-Thomas

The Presiding Officer of the National Assembly

29th January 2003