Health (Wales) Act 2003

SCHEDULES

F1 F1 SCHEDULE 1 E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 6, 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

Section 2

SCHEDULE 2 E+W Wales Centre for Health: Further Provision

Status E+W

1 E+W The Wales Centre for Health is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Centre’s property is not to be regarded as property of, or held on behalf of, the Crown.

Exercise of functions E+W

2 E+W The Centre must carry out its functions effectively, economically and efficiently.

3 E+W Anything authorised or required to be done by the Centre may be done by any member or member of staff of the Centre who, or any committee or sub-committee of the Centre which, is authorised for the purpose by the Centre (whether generally or specially).

Assembly directions E+W

4 E+W The Assembly may give directions—

(a) as to the appointment of staff (including any conditions to be fulfilled for appointment);

(b) as to the terms and conditions of employment of staff (including provision about the payment of pensions, allowances or gratuities and the payment of compensation for loss of employment);

(c) as to the application of any sums received by the Centre under section 2(4).

5 E+W Directions under paragraph 4 may include a direction that the Centre employ any person who is or was employed by a National Health Service trust and is specified in the direction.

6 E+W If it appears to the Assembly that there has been a serious failure by the Centre to perform any function which it considers should have been performed by the Centre, the Assembly may give the Centre such directions as it may consider appropriate for remedying that failure.

7 E+W Directions under paragraph 6 must include a statement summarising the reasons for giving them.

8 E+W A direction under this Schedule must be given in writing.

9 E+W The Centre must comply with any direction given by the Assembly under this Schedule.

Regulations E+W

10 E+W The Assembly may by regulations make provision—

(a) about the appointment of the chairman and other members of the Centre (including any conditions to be fulfilled for appointment and provision about disqualification);

(b) about the tenure of office of the chairman of the Centre (including the circumstances in which he ceases to be chairman or may be removed or suspended from office);

(c) about the tenure of office as a member of the Centre of the chairman or of other members of the Centre (including the circumstances in which they cease to be members or may be removed or suspended from office);

(d) about the appointment, constitution of and exercise of functions by a committee or sub-committee of the Centre (including provision for the inclusion in a committee or sub-committee of persons who are not members of the Centre, or in a sub-committee of persons who are not members of the committee);

(e) about the proceedings of the Centre, or of any committee or sub-committee.

Commencement Information

I1 Sch. 2 para. 10 wholly in force at 1.4.2005; Sch. 2 para. 10 not in force at Royal Assent see s. 10(2); Sch. 2 para. 10 in force for certain purposes at 20.10.2003 and for all remaining purposes at 1.4.2005 by S.I. 2003/2660, art. 3

Members E+W

11 E+W The Centre must, if required to do so by the Assembly, pay the chairman and other members of the Centre and any member of a committee or sub-committee who is not a member of the Centre such remuneration, and such travelling and other allowances, as the Assembly may determine.

12 E+W The Centre must, if required to do so by the Assembly—

(a) pay to or in respect of any person who is or has been the chairman or other member of the Centre or a member of a committee or sub-committee such pension, allowances or gratuities as the Assembly may determine; or

(b) make such payments as the Assembly may determine towards provision for the payment of a pension, allowance or gratuity to or in respect of any such person.

13 E+W Where—

(a) a person ceases to hold office as chairman or other member of the Centre or as a member of a committee or sub-committee; and

(b) the Assembly determines that there are special circumstances which make it appropriate for that person to receive compensation,

the Centre must make a payment by way of compensation of such amount as the Assembly may determine.

Chief executive E+W

14 (1) The Centre must appoint a person as chief executive. E+W

(2) The person appointed under sub-paragraph (1)—

(a) may be appointed only with the consent of the Assembly;

(b) is to be appointed on such terms and conditions as the Assembly may determine.

15 E+W The Centre must, if required to do so by the Assembly—

(a) pay to or in respect of any person who is or has been the chief executive of the Centre such pension, allowances or gratuities as the Assembly may determine; or

(b) make such payments as the Assembly may determine towards provision for the payment of a pension, allowance or gratuity to or in respect of any such person.

16 E+W Where—

(a) a person ceases to hold office as the chief executive of the Centre; and

(b) the Assembly determines that there are special circumstances which make it appropriate for that person to receive compensation,

the Centre must make a payment by way of compensation of such amount as the Assembly may determine.

Other staff E+W

17 (1) The Centre may appoint such other staff as it considers appropriate. E+W

(2) Staff appointed under this paragraph are to be appointed on such terms and conditions as the Centre may determine.

18 E+W The Centre may—

(a) pay to or in respect of any person who is or has been a member of staff such pension, allowances or gratuities as the Centre considers appropriate; or

(b) make such payments as the Centre considers appropriate towards provision for the payment of a pension, allowance or gratuity to or in respect of any such person.

19 E+W Where—

(a) a person ceases to be a member of staff; and

(b) the Centre determines that there are special circumstances which make it appropriate for that person to receive compensation,

the Centre may make a payment by way of compensation of such amount as it considers appropriate.

General powers E+W

20 (1) The Centre may do anything which it considers necessary or expedient for the purpose of, or in connection with, the exercise of its functions. E+W

(2) That includes, in particular—

(a) co-operating with other public authorities;

(b) acquiring and disposing of land and other property; and

(c) entering into contracts.

Charging of fees E+W

21 E+W The Centre may charge such fees as it considers appropriate for the provision of advice, information or assistance to any person.

Arrangements for assistance E+W

22 (1) The Centre may make arrangements with such persons as it considers appropriate to assist it in the discharge of any function. E+W

(2) Arrangements may include the payment of fees to such persons.

Accounts E+W

23 (1) The Centre must keep proper accounting records. E+W

(2) The Centre must prepare accounts for each financial year in such form as the Assembly may determine.

Audit E+W

24 (1) The accounts prepared by the Centre for any financial year must be submitted to the Auditor General for Wales before the end of such period after the end of the financial year as the Assembly may direct. E+W

(2) The Auditor General for Wales must—

(a) examine and certify accounts submitted to him under sub-paragraph (1); and

(b) lay before the Assembly a copy of them as certified by him together with his report on them.

Examinations into use of resources E+W

25 (1) The Auditor General for Wales may carry out examinations into the economy, efficiency and effectiveness with which the Centre has used its resources in carrying out its functions. E+W

(2) Sub-paragraph (1) is not to be construed as entitling the Auditor General for Wales to question the merits of the policy objectives of the Centre.

(3) The Auditor General for Wales may lay before the Assembly a report of the results of any examination carried out by him under this paragraph.

(4) F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 2 para. 25(4) repealed (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), ss. 66, 72, 73(1), Sch. 2 para. 56, Sch. 4; S.I. 2005/558, art. 2, Sch. 1

Examinations by the Comptroller and Auditor General E+W

26 (1) For the purpose of enabling him to carry out examinations into, and report to Parliament on, the finances of the Centre, the Comptroller and Auditor General— E+W

(a) is to have a right of access at all reasonable times to all such documents in the custody or under the control of the Centre, or of the Auditor General for Wales, as he may reasonably require for that purpose; and

(b) is to be entitled to require from any person holding or accountable for any of those documents any assistance, information or explanation which he reasonably thinks necessary for that purpose.

(2) The Comptroller and Auditor General must—

(a) consult the Auditor General for Wales; and

(b) take into account any relevant work done or being done by the Auditor General for Wales,

before he acts in reliance on sub-paragraph (1) or carries out an examination in respect of the Centre under section 7 of the National Audit Act 1983 (economy, etc. examinations).

Further provision about accounts and audit E+W

27 E+W The Assembly may by regulations make such further provision about the accounts or audit of the Centre as it considers appropriate.

Evidence E+W

28 E+W A document purporting to be duly executed under the seal of the Centre or signed on its behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

Reports and information E+W

29 (1) As soon as practicable after the end of each financial year the Centre must report to the Assembly on the exercise of its functions during the year. E+W

(2) The Centre must publish the report made under sub-paragraph (1).

(3) The Centre must also provide the Assembly with such other information relating to the exercise of the Centre’s functions as the Assembly may request.

Section 7

SCHEDULE 3 U.K. Minor and Consequential Amendments

Public Bodies (Admission to Meetings) Act 1960 (c. 67) U.K.

1 U.K. In paragraph 1 of the Schedule to the Public Bodies (Admission to Meetings) Act 1960, after paragraph (l) insert—

“(m) the Wales Centre for Health;”.

House of Commons Disqualification Act 1975 (c. 24) U.K.

2 U.K. In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, insert at the appropriate place— “ The Wales Centre for Health. ”.

National Health Service Act 1977 (c. 49) U.K.

3 U.K. F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 3 para. 3 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 6, 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

4 U.K. F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Sch. 3 para. 4 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 6, 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

Community Health Councils (Access to Information) Act 1988 (c. 24) U.K.

5 U.K. In section 1(1) of the Community Health Councils (Access to Information) Act 1988, for “established in accordance with section 20” substitute “ continued in existence by or established under section 20A ”.

Commencement Information

I2 Sch. 3 paras. 3, 4, 5, 7, 14 wholly in force at 1.4.2005; Sch. 3 paras. 3, 4, 5, 7, 14 not in force at Royal Assent see s. 10(2); Sch. 3 paras. 3, 4, 5, 7, 14 in force for W. at 20.10.2003 and for all remaining purposes at 1.4.2005 by S.I. 2003/2660, arts. 2, 3(2); Sch. 3 paras. 3, 4, 5, 7, 14 in force for E. at 1.12.2003 by S.I. 2003/3064, art. 2

National Health Service and Community Care Act 1990 (c. 19) U.K.

6 U.K. F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Sch. 3 para. 6 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 6, 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

Welsh Language Act 1993 (c. 38) U.K.

7 U.K. In section 6(1)(i) of the Welsh Language Act 1993, for “established in accordance with section 20” substitute “ continued in existence by or established under section 20A ”.

Commencement Information

I3 Sch. 3 paras. 3, 4, 5, 7, 14 wholly in force at 1.4.2005; Sch. 3 paras. 3, 4, 5, 7, 14 not in force at Royal Assent see s. 10(2); Sch. 3 paras. 3, 4, 5, 7, 14 in force for W. at 20.10.2003 and for all remaining purposes at 1.4.2005 by S.I. 2003/2660, arts. 2, 3(2); Sch. 3 paras. 3, 4, 5, 7, 14 in force for E. at 1.12.2003 by S.I. 2003/3064, art. 2

8 U.K. After section 6(1)(i) of that Act, insert—

“(ia) the Wales Centre for Health;”.

Government of Wales Act 1998 (c. 38) U.K.

9 U.K. F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 3 para. 9 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 6, 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

10 U.K. F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Sch. 3 para. 10 repealed by Government of Wales Act 2006 (c. 32), s. 163, Sch. 12 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

11 U.K. In section 144 of that Act, in subsection (8)(a), after “the Welsh Administration Ombudsman,” insert “ the Wales Centre for Health, ”.

12 U.K. In Schedule 5 to that Act—

(a) in paragraph 13, omit “for a district wholly in Wales”;

(b) after paragraph 45 insert—

“46 The Wales Centre for Health.”.

13 U.K. In paragraph 14(2) of Schedule 9 to that Act, after paragraph (g) insert—

“(ga) the Wales Centre for Health,”.

Freedom of Information Act 2000 (c. 36) U.K.

14 U.K. In Part 3 of Schedule 1 to the Freedom of Information Act 2000, in paragraph 41, for “established under section 20” substitute “ continued in existence by or established under section 20A ”.

Commencement Information

I4 Sch. 3 paras. 3, 4, 5, 7, 14 wholly in force at 1.4.2005; Sch. 3 paras. 3, 4, 5, 7, 14 not in force at Royal Assent see s. 10(2); Sch. 3 paras. 3, 4, 5, 7, 14 in force for W. at 20.10.2003 and for all remaining purposes at 1.4.2005 by S.I. 2003/2660, arts. 2, 3(2); Sch. 3 paras. 3, 4, 5, 7, 14 in force for E. at 1.12.2003 by S.I. 2003/3064, art. 2

15 U.K. In Part 6 of that Schedule, insert at the appropriate place—

“The Wales Centre for Health.”

Prospective

National Health Service Reform and Health Care Professions Act 2002 (c. 17) U.K.

16 U.K. In section 22 of the National Health Service Reform and Health Care Professions Act 2002, omit subsection (4).

Section 7

SCHEDULE 4 U.K. Repeals

Commencement Information

I5 Sch. 4 partly in force; Sch. 4 not in force at Royal Assent see s. 10(2); Sch. 4 in force for W. for certain purposes at 20.10.2003 by S.I. 2003/2660, art. 2; Sch. 4 in force for E. for certain purposes at 1.12.2003 by S.I. 2003/3064, art. 2

Short title and chapter	Extent of repeal
National Health Service Act 1977 (c. 49)	In section 18(1A), the “or” at the end of paragraph (a), and paragraph (c). Section 20. Section 98(2A). Schedule 7.
Health and Social Security Act 1984 (c. 48)	Section 6(2). In Schedule 3, paragraph 15.
National Health Service and Community Care Act 1990 (c. 19)	In Schedule 9, paragraph 18(13).
Health Authorities Act 1995 (c. 17)	In Schedule 1, paragraphs 11, 50(b) and 62.
Government of Wales Act 1998 (c. 38)	In section 27(7), paragraph (b) and the “but” preceding it. In paragraph 13 of Schedule 5, the words “for a district wholly in Wales”.
Health Act 1999 (c. 8)	In Schedule 4, paragraph 40.
National Health Service Reform and Health Care Professions Act 2002 (c. 17)	Section 3(5)(a) and (c). Section 22(4). In Schedule 5, paragraph 24. In Schedule 8, paragraph 11.