Textual Amendments
F1Ss. 25A-25E and cross-headings inserted (3.8.2016 for the insertion of s. 25D, 6.4.2017 for the insertion of s. 25A, 6.4.2018 in so far as not already in force) by Nurse Staffing Levels (Wales) Act 2016 (anaw 5), ss. 1(1), 2(1); S.I. 2016/829, art. 2(a)(b)(c)
(1)The Welsh Ministers must issue guidance about the duties under sections 25B and 25C and Local Health Boards and any NHS Trust to which those sections apply must have regard to the guidance.
(2)The guidance may set out, in particular, that when calculating a nurse staffing level a designated person should exercise professional judgement by taking the following into account—
(a)the qualifications, competencies, skills and experience of the nurses providing care to patients;
(b)the conditions in which care by a nurse is provided;
(c)the potential impact on care by a nurse of—
(i)the physical condition and layout of the ward or other situation in which the care is provided;
(ii)the turnover of patients receiving the care;
(d)services or care provided to patients by other health professionals or other staff (for example, health care support workers), and their qualifications, competencies, skills and experience;
(e)the extent to which the nurses providing care are required to undertake supervisory or administrative functions.
(3)The guidance may also make provision about workforce planning that Local Health Boards and NHS Trusts may undertake in order to enable them to comply with their duties under sections 25B and 25C.
(4)Before issuing guidance the Welsh Ministers must consult—
(a)Local Health Boards and any NHS Trust that is under a duty to have regard to the guidance,
(b)such organisations as appear to them to represent the interests of any—
(i)providers of care homes, or
(ii)providers of independent hospitals in Wales,
likely to be affected by the guidance,
(c)such organisations as appear to them to represent the interests of any other persons likely to be affected by the guidance, and
(d)such other persons likely to be affected by the guidance as they consider appropriate.
(5)For the purposes of subsection (4)—
“care home” means premises at which a care home service within the meaning given by paragraph 1 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) is provided, and
“independent hospital” has the meaning given in section 2 of the Care Standards Act 2000 (c.14).]