Health and Social Care (Quality and Engagement) (Wales) Act 2020

PART 5 E+W Miscellaneous and General

Valid from 08/03/2022

Constitution of NHS trusts E+W

24 Vice-chairs of boards of directors of NHS trusts E+W

(1) Part 1 of Schedule 3 to the 2006 Act (constitution, establishment etc. of NHS trusts) is amended as follows.

(2) In paragraph 3 (board of directors)—

(a) after sub-paragraph (1)(a) insert—

“(aa) if the Welsh Ministers consider it appropriate, a vice-chair appointed by them, and”, and

(b) omit “and” at the end of sub-paragraph (1)(a).

(3) In paragraph 4 (regulations relating to the appointment etc. of the board of directors), in sub-paragraph (1)(a), after “chairman” insert “ , the vice-chair ”.

(4) In paragraph 11 (pay and allowances of chairman and non-executive directors)—

(a) in sub-paragraph (1)(a), after “chairman” insert “ , the vice-chair (if any) ”, and

(b) in sub-paragraph (1)(b), after “chairman” insert “ , the vice-chair (if any) ”.

General E+W

Valid from 07/03/2023

25 Regulations E+W

(1) A power to make regulations under this Act is to be exercised by statutory instrument.

(2) A power to make regulations under this Act includes power to make different provision for different purposes.

(3) A statutory instrument containing regulations under section 28 that amends or repeals any enactment contained in primary legislation may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales.

(4) A statutory instrument containing regulations made under any other provision of this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(5) In subsection (3), “primary legislation” means—

(a) an Act or Measure of the National Assembly for Wales;

(b) an Act of Parliament.

Valid from 08/03/2022

26 Interpretation E+W

In this Act—

• “the 2006 Act” (“Deddf 2006”) means the National Health Service (Wales) Act 2006 (c. 42);

• “Local Health Board” (“Bwrdd Iechyd Lleol”) means a body established under section 11 of the 2006 Act;

• “NHS trust” (“ymddiriedolaeth GIG”) means a body established under section 18 of the 2006 Act;

• “regulations” (“rheoliadau”) means regulations made by the Welsh Ministers.

Valid from 01/04/2023

27 Minor and consequential amendments E+W

Schedule 3 contains minor and consequential amendments.

Valid from 07/03/2023

28 Power to make transitional etc. provision E+W

(1) Regulations may, if the Welsh Ministers consider it necessary or appropriate for the purposes of this Act, make—

(a) supplementary, incidental or consequential provision;

(b) transitory, transitional or saving provision.

(2) Regulations under this section may amend, repeal or revoke any enactment.

(3) “Enactment” means a provision contained in any of the following, whenever enacted or made—

(a) an Act or Measure of the National Assembly for Wales;

(b) an Act of Parliament;

(c) subordinate legislation made under an Act or Measure referred to in paragraph (a) or (b).

29 Coming into force E+W

(1) This section and section 30 come into force on the day after the day this Act receives Royal Assent.

(2) The other provisions of this Act come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument.

(3) An order under subsection (2) may—

(a) make different provision for different purposes;

(b) make transitional, transitory or saving provision.

30 Short title E+W

The short title of this Act is the Health and Social Care (Quality and Engagement) (Wales) Act 2020.