The Local Health Boards (Directed Functions) (Wales) Regulations 2009

Interpretation

2.—(1) In these Regulations —

• “the Act” (“y Ddeddf”) means the National Health Service (Wales) Act 2006;

• “the 1989 Act” (“Deddf 1989”) means the Children Act 1989(1);

• “continuing care” (“gofal parhaus”) means care provided over an extended period of time to a person to meet physical or mental health needs which have arisen as a result of illness;

• “former Local Health Boards” (“Byrddau Iechyd Lleol blaenorol”) means the twenty two Local Health Boards which were established on 10 February 2003 by the Local Health Boards (Establishment) (Wales) Order 2003(2);

• “general ophthalmic services” (“gwasanaethau offthalmig cyffredinol”) has the same meaning as in section 71(10) of the Act;

• “Local Health Board” (“Bwrdd Iechyd Lleol”) means a Local Health Board established in accordance with section 11(2) of the Act(3);

• “LHB Order” (“Gorchymyn BILl”) is to be construed in accordance with section 11(2) of the Act;

• “pharmaceutical services” (“gwasanaethau fferyllol”) has the same meaning as in section 80(8) of the Act;

• “primary dental services” (“gwasanaethau deintyddol sylfaenol”) has the same meaning as in section 56 of the Act;

• “primary medical services” (“gwasanaethau meddygol sylfaenol”) has the same meaning as in section 41 of the Act; and

• “the relevant date” (“y dyddiad perthnasol”) means 1 October 2009.

(2) For the purposes of these Regulations, and subject to regulation 3, 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 Welsh Ministers 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 is to 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 is to 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 is to be treated as usually resident in the area in which the person is present.

(1)

1989 c. 41.

(2)

S.I. 2003/148 (W.18).

(3)

Powys Teaching LHB was established under the Local Health Boards (Establishment) (Wales) Order 2003 (S.I. 2003/148 (W.18)) and Abertawe Bro Morgannwg University LHB, Aneurin Bevan LHB, Betsi Cadwaladr University LHB, Cardiff and Vale University LHB, Cwm Taf LHB and Hywel Dda LHB were established under the Local Health Boards (Establishment and Dissolution) (Wales) Order 2009 (S.I. 2009/778 (W.66)).