The Health, Social Care and Well-being Strategies (Wales) Regulations 2003

Interpretation

2.  In these Regulations, the following words and phrases shall have the following meanings —

(a) “the 2002 Act” (“Deddf 2002”) means the National Health Service Reform and Health Care Professions Act 2002;

(b) “Assembly” (“Cynulliad”) means the National Assembly for Wales;

(c) “commissioning functions” (“swyddogaethau comisiynu”) means any functions of the responsible bodies or any one of them which relate to the planning, purchase or monitoring of delivery of any health and well-being services;

(d) “commissioning arrangement” (“trefniant comisiynu”) means an arrangement in relation to the commissioning of secondary care services between the responsible bodies in a commissioning arrangement group to exercise their commissioning functions jointly and to co-operate and consult with each other with respect to the exercise of those functions;

(e) “commissioning arrangement group” (“grŵp trefniant comisiynu”) means the group which includes the responsible bodies and an NHS Trust or Trusts and which is identified in guidance published from time to time by the Assembly for the purposes of entering into a commissioning arrangement;

(f) “health and well-being services” (“gwasanaethau iechyd a llesiant”) means any services provided by an NHS body; any services (including social care services) provided under or in connection with a local authority’s functions under Schedule 1 to the Local Authority Social Services Act 1970(1), section 31 of the Health Act 1999(2) or regulation 6 of the National Health Service Bodies and Local Authorities Partnership Arrangements (Wales) Regulations 2000(3); and any similar service provided by a voluntary or other organisation;

(g) “local authority” (“awdurdod lleol”) shall have the meaning given in section 24 (9)(a) of the 2002 Act;

(h) “local population” (“poblogaeth leol”) means members of the public who are usually resident or who are present in the responsible bodies' area or areas;

(i) “NHS body” (“corff GIG”) means a Health Authority, Local Health Board, NHS Trust, Strategic Health Authority, Primary Care Trust or Care Trust(4);

(j) “operative period” (“cyfnod gweithredol”) means the period in respect of which a strategy is formulated.

(k) “responsible bodies” (“cyrff cyfrifol”) shall have the meaning given in s.24(2) of the 2002 Act;

(l) “secondary care services”(“gwasanaethau gofal eilaidd”) means services for or in connection with the prevention, diagnosis or treatment of illness which are mainly provided at or from a hospital (and the words “illness” and “hospital” have the meanings given by section 128(1) of the National Health Service Act 1977(5));

(m) “services” (“gwasanaethau”) includes any function or activity which is calculated to facilitate, or is conducive or incidental to, the provision of any service referred to in these Regulations;

(n) “strategy” (“strategaeth”) means a health and well-being strategy under s. 24 (1) of the 2002 Act (described in these Regulations as a “health, social care and well-being strategy”) and includes a draft strategy.

(1)

1970 c. 42.

(2)

1999 c. 8.

(3)

SI 2000/2993(W.193).

(4)

The NHS bodies referred to derive from the following legislation. Health Authorities for England and Wales were created pursuant to section 8 of the National Health Service Act 1977 (1977 c. 49). In Wales, the existing Health Authorities will be abolished with effect from 31st March 2003 pursuant to section 27 of the Government of Wales Act 1998 (1998 c. 38) — see the Health Authorities (Transfer of Functions, Staff, Property, Rights and Liabilities and Abolition)(Wales) Order 2003 (S.I. 2003/148, W.18). Local Health Boards are to be established by the National Assembly for Wales under s.16BA of the 1977 Act and will begin operating with effect from 31st March 2003 — see the Local Health Boards (Establishment)(Wales) Order 2003 (SI 2003/148, W.18). In England, Health Authorities are renamed as Strategic Health Authorities (section 1 of the National Health Service Reform and Healthcare Professions Act 2002 (2002 c. 17). Local Health Boards are to be established by the National Assembly for Wales under section 16BA of the 1977 Act and will begin operating with effect from 31st March 2003. NHS Trusts were created pursuant to section 5 of the National Health Service and Community Care Act 1990 (1990 c. 19). Primary Care Trusts may be created in England pursuant to section 16A of the 1977 Act. NHS Trusts and Primary Care Trusts may be designated as Care Trusts pursuant to section 45 of the Health and Social Care Act 2001 (2001 c. 15).

(5)

1977 c. 49.