National Health Service (Wales) Act 2006
Part 1Promotion and provision of the health service in Wales
The Welsh Ministers and the health service in Wales
1Welsh Ministers' duty to promote health service
1AWelsh Ministers' duty to secure quality in health services
General power to provide services
2Welsh Ministers' general power
Provision of particular services
3Welsh Ministers' duty as to provision of certain services
4High security psychiatric services
5Other services
Provision of services otherwise than in Wales
6Performance of functions outside Wales
6AReimbursement of cost of services provided in another EEA state
6BPrior authorisation for the purposes of section 6A
6BAReimbursement of cost of services provided in another EEA state where expenditure incurred on or after 25 October 2013
6BBPrior authorisation for the purposes of section 6BA
NHS contracts
7NHS contracts
8Provision for bodies in Northern Ireland
8AProvision for bodies in Scotland
9Arrangements to be treated as NHS contracts
Provision of services otherwise than by the Welsh Ministers
10Welsh Ministers' arrangements with other bodies
Procurement
10AProcurement of services etc. as part of the NHS in Wales
Part 2Health service bodies
Chapter 1Local Health Boards
11Local Health Boards
12Functions of Local Health Boards
12ALocal Health Boards' duty to secure quality in health services
13Exercise of Local Health Board functions
14Section 50 arrangements and section 64 arrangements
15Administration and management of services
16Advice for Local Health Boards
17Plans for improving health etc
Chapter 2NHS trusts
18NHS trusts
19Welsh Ministers' directions to NHS trusts
20General duty of NHS trusts
20ADuty of NHS trusts to secure quality in health services
21Financial provisions relating to NHS trusts
Chapter 3Special Health Authorities
22Special Health Authorities
23Welsh Ministers' directions to Special Health Authorities
24Exercise of health service functions by Special Health Authorities
24ADuty of Special Health Authorities to secure quality in health services
25Exercise of Special Health Authority functions
Chapter 4Miscellaneous
Nursing services
25ADuty to have regard to providing sufficient nurses
Nurse staffing levels
25BDuty to calculate and take steps to maintain nurse staffing levels
25CNurse staffing levels: method of calculation
25DNurse staffing levels: guidance
25ENurse staffing levels: reports
Intervention orders and default powers
26Intervention orders
27Effect of intervention orders
28Default powers
Transfer of residual liabilities
29Transfer of residual liabilities
Losses and liabilities of certain health service bodies
30Schemes for meeting losses and liabilities etc of certain health service bodies
Directions and regulations under this Part
31Directions and regulations under this Part
Part 3Local authorities and the NHS
32Supply of goods and services by local authorities
33Arrangements between NHS bodies and local authorities
34Power of local authorities to make payments
35Care Trusts
36Directed partnership arrangements
37Further provisions about directions and directed partnership arrangements
38Supply of goods and services by the Welsh Ministers
39Conditions of supply under section 38
40Health and well-being strategies in Wales
Part 4Medical services
Duty of Local Health Boards in relation to primary medical services
41Primary medical services
General medical services contracts
42General medical services contracts: introductory
43Requirement to provide certain primary medical services
44Persons eligible to enter into GMS contracts
45GMS contracts: payments
46GMS contracts: prescription of drugs, etc
47GMS contracts: other required terms
48GMS contracts: disputes and enforcement
Performance of primary medical services
49Persons performing primary medical services
Other arrangements for the provision of primary medical services
50Arrangements by Local Health Boards for the provision of primary medical services
51Persons with whom agreements may be made under section 50
52Regulations about section 50 arrangements
Assistance and support
53Assistance and support: primary medical services
Local Medical Committees
54Local Medical Committees
Provision of accommodation by the Welsh Ministers
55Use of accommodation: provision of primary medical services
Part 5Dental services
Duty of Local Health Boards in relation to primary dental services
56Primary dental services
General dental services contracts
57General dental services contracts: introductory
58Requirement to provide certain primary dental services
59Persons eligible to enter into GDS contracts
60GDS contracts: payments
61GDS contracts: other required terms
62GDS contracts: disputes and enforcement
Performance of primary dental services
63Persons performing primary dental services
Other arrangements for the provision of primary dental services
64Arrangements by Local Health Boards for the provision of primary dental services
65Persons with whom agreements may be made under section 64
66Regulations about section 64 arrangements
Dental public health
67Dental public health
Assistance and support
68Assistance and support: primary dental services
Local Dental Committees
69Local Dental Committees
Provision of accommodation by the Welsh Ministers
70Use of accommodation: provision of primary dental services
Part 6Ophthalmic services
General ophthalmic services
71Arrangements for general ophthalmic services
72Regulations as to general ophthalmic services
73Medical practitioners with qualifications prescribed under section 71
74Exercise of choice of practitioner
75Inadequate provision of ophthalmic services
Remuneration
76Remuneration for persons providing general ophthalmic services
77Section 76: supplementary
Local Optical Committees
78Local Optical Committees
Provision of accommodation by the Welsh Ministers
79Use of accommodation: provision of general ophthalmic services
Part 7Pharmaceutical services and local pharmaceutical services
Chapter 1Pharmaceutical services
Provision of pharmaceutical services
80Arrangements for pharmaceutical services
81Arrangements for additional pharmaceutical services
82Terms and conditions, etc
82APharmaceutical needs assessments
83Regulations as to pharmaceutical services
84Regulations under section 83: appeals, etc
85Power to charge
86Persons authorised to provide pharmaceutical services
87Inadequate provision of pharmaceutical services
Remuneration
88Remuneration for persons providing pharmaceutical services
89Section 88: supplementary
Local Pharmaceutical Committees
90Local Pharmaceutical Committees
Provision of accommodation by the Welsh Ministers
91Use of accommodation: provision of pharmaceutical services
Chapter 2Local pharmaceutical services: pilot schemes
92Pilot schemes
93Making pilot schemes
94Designation of priority neighbourhoods or premises
95Reviews of pilot schemes
96Variation and termination of pilot schemes
97NHS contracts and the provision of piloted services
98Funding of preparatory work
99Application of this Act
100Premises from which piloted services may be provided
101Control of entry regulations
Chapter 3Local pharmaceutical services: LPS schemes
102Local pharmaceutical services schemes
Chapter 4Local pharmaceutical services: application of enactments
103Application of enactments
Part 8Qualifications to practice
Chapter 1Conditional inclusion and supplementary lists
104Conditional inclusion in ophthalmic and pharmaceutical lists
105Supplementary lists
106Further provision about regulations under section 105
Chapter 1ANotices and penalties
106ANotices and penalties
Chapter 2Disqualification
107Disqualification of practitioners
108Contingent removal
109Fraud and unsuitability cases: supplementary
110Suspension
111Suspension pending appeal
112Effect of suspension
113Review of decisions
114Appeals
115National disqualification
116Notification of decisions
117Withdrawal from lists
118Regulations about decisions under this Chapter
119Corresponding provisions in Scotland and Northern Ireland
Chapter 3Indemnity Cover
120Indemnity cover
Part 9Charging
Power to charge generally
121Charges for drugs, medicines or appliances, or pharmaceutical services
122Exemptions from general charging
123Pre-payment certificates
124Charges in respect of non-residents
Charging for dental services
125Dental charging
126Exemptions from dental charging
Charging for local pharmaceutical services
127Charges, recovery of payments and penalties
Charging for optical appliances
128Charges for optical appliances
129Payments in respect of optical appliances
Exemptions, etc
130Remission and repayment of charges
131Payment of travelling expenses
132Sections 130 and 131: supplementary
Other provisions relating to charging
133Charges for more expensive supplies
134Charges for repairs and replacements in certain cases
135Charges for designated services or facilities
136Sums otherwise payable to those providing services
137Hospital accommodation on part payment
138Expenses payable by employed patients
Recovery, etc
139Recovery of charges
140Recovery of charges and payments in relation to goods and services
141Penalties relating to charges
142Offences relating to charges
Part 10Protection of NHS from fraud and other unlawful activities
Preliminary
143Compulsory disclosure of documents
144Persons and bodies about which provision is made by this Part
Disclosure notices
145Notice requiring production of documents
146Production of documents
147Delegation of functions
148Code of practice relating to delegated functions
149Disclosure of information
150Protection of personal information disclosed for purposes of proceedings
151Manner in which disclosure notice may be served
Offences under this Part
152Offences in connection with production of documents
153Offences relating to disclosure or use of information
154Offences by bodies corporate etc
155Offences committed by partnerships and other unincorporated associations
156Penalties for offences under this Part: transitional modification
Supplementary
157Orders and regulations under this Part
158Interpretation of this Part
Part 11Property and finance
Chapter 1Land and other Property
159Acquisition, use and maintenance of property
Chapter 2Trusts
160Special trustees for a university or teaching hospital
161Transfers of trust property
162Transfer of functions and property to or from special trustees
163Trustees and property under section 169
164Application of trust property: further provisions
165Trusts: supplementary provisions
Chapter 3Property transferred under the National Health Service Act 1946
166Transferred property free of trusts
167Trust property previously held for general hospital purposes
168Voluntary hospitals
Chapter 4Raising money
169Power to raise money
Chapter 5Formation of companies
170Public-private partnerships
Chapter 6Finance
Special Health Authorities
171Means of meeting expenditure of Special Health Authorities out of public funds
172Financial duties of Special Health Authorities
173Resource limits for Special Health Authorities
Local Health Boards
174Public funding of Local Health Boards
175Financial duties of Local Health Boards
176Resource limits for Local Health Boards
177Further provision about the expenditure of Local Health Boards
Accounts and audit
178Accounts and audit
Allowances and remuneration
179Allowances for members of certain bodies
180Special arrangement as to payment of remuneration
181Payments for certain medical examinations
Part 12Public involvement and scrutiny
Chapter 1Community Health Councils
182Community Health Councils
Chapter 2Public involvement and consultation
183Public involvement and consultation
Chapter 3Overview and scrutiny committees
184Functions of overview and scrutiny committees
185Joint overview and scrutiny committees etc
186Overview and scrutiny committees: exempt information
Part 13Miscellaneous
Independent advocacy services
187Independent advocacy services
Joint working with the prison service
188Joint working with the prison service
Advisory committees
189Welsh Ministers' standing advisory committees
190Advisory committees for Wales
Emergency powers
191Emergency powers
Local social services authorities
192Local social service authorities
Supplies by the Welsh Ministers
193Supplies not readily obtainable
Community services
194Power of Local Health Boards to make payments towards expenditure on community services
195Payments in respect of voluntary organisations under section 194
196Power of Welsh Ministers to make payments towards expenditure on community services in Wales
Universities
197University clinical teaching and research
Use of facilities in private practice
198Permission for use of facilities in private practice
Health service development
199Persons displaced by health service development
Registration of information, etc
200Special notices of births and deaths
201Provision of information by Registrar General
Part 14Supplementary
202Territorial limit of exercise of functions
203Orders, regulations and directions
204Further provision about orders and directions under this Act
205Supplementary regulatory powers
206Interpretation
207Index of defined expressions
208Commencement
209Short title, extent and application
SCHEDULES
SCHEDULE 1Further provision about the Welsh Ministers and services under this Act
Medical inspection of pupils
1The Welsh Ministers must provide for the medical inspection at...
2(1) The Welsh Ministers may, by arrangement with any local...
3An arrangement under paragraph 2(2) may provide for payments by...
4A local authority may not make an arrangement under paragraph...
5(1) Sub-paragraph (2) applies to— (a) each local authority, in...
6In paragraphs 1 to 5 any expression to which a...
7Any charge made under regulations under this Act in respect...
Weighing and measuring of children
7A(1) The Welsh Ministers may, by arrangement with any local...
7B(1) The Welsh Ministers may by regulations—
Contraceptive services
8The Welsh Ministers must arrange, to such extent as they...
Provision of vehicles for disabled persons
9The Welsh Ministers may provide vehicles (including wheelchairs) for persons...
10(1) Sub-paragraphs (2) and (3) apply in respect of—
11Regulations may provide for any incidental or supplementary matter for...
Provision of a microbiological service by the Welsh Ministers
12(1) The Welsh Ministers may— (a) provide a microbiological service...
Powers of the Welsh Ministers in relation to research
13(1) The Welsh Ministers may conduct research, or may assist...
SCHEDULE 2Local Health Boards
Part 1Constitution and membership
Status
1Each Local Health Board is a body corporate.
2(1) A Local Health Board must not be regarded as...
Membership
3The members of a Local Health Board are—
4(1) Regulations may make provision about— (a) the appointment of...
5Any reference in this Schedule to a committee of a...
6The validity of any proceedings of a Local Health Board,...
Staff
7(1) A Local Health Board may employ such officers as...
8(1) The Welsh Ministers may direct a Local Health Board—...
9In addition to making provision in relation to Strategic Health...
Remuneration, pensions etc of members
10(1) A Local Health Board may pay the chairman, the...
Part 2LHB orders
11(1) An LHB order must specify— (a) the name of...
12(1) An LHB order may provide for the establishment of...
Part 3Other Matters
General power
13(1) Subject to sub-paragraph (3), a Local Health Board may...
Rights and liabilities
14(1) Any rights acquired, or liabilities (including liabilities in tort)...
Making accommodation or services available
15(1) A Local Health Board may— (a) make available at...
Powers of Local Health Boards to enter into externally financed development agreements
16(1) The powers of a Local Health Board include power...
Research
17(1) A Local Health Board may conduct, commission or assist...
Training
18A Local Health Board may— (a) make officers available in...
Regulations about duties
19Regulations may make provision in relation to—
Compulsory acquisition
20(1) A Local Health Board may be authorised to purchase...
Dissolution
21(1) The Welsh Ministers may, if a Local Health Board...
Transfer of property
22(1) The Welsh Ministers may by order (referred to in...
23(1) Stamp duty is not chargeable in respect of any...
Transfer of staff
24(1) The Welsh Ministers may by order transfer to a...
25(1) The contract of employment of an employee transferred under...
26(1) Where an employee will be transferred by an order...
27Where a Local Health Board is dissolved, an order under...
Interpretation
28In this Schedule, “NHS trust in Wales” means an NHS...
SCHEDULE 3NHS trusts established under section 18
Part 1Constitution, establishment, etc
Status
1Each NHS trust is a body corporate.
2(1) An NHS trust must not be regarded as the...
Board of directors
3(1) Each NHS trust has a board of directors consisting...
Regulations
4(1) The Welsh Ministers may by regulations make provision with...
Provision to be made by first NHS trust order
5(1) The first NHS trust order made in relation to...
Temporary availability of staff etc.
6(1) An NHS trust order may require a ... Special...
Establishment of NHS trust prior to operational date
7(1) An NHS trust order may provide for the establishment...
Transfer of staff to NHS trusts
8(1) This paragraph applies to any person who, immediately before...
Transfer of property and liabilities to NHS trusts
9(1) The Welsh Ministers may by order transfer, or provide...
Trust funds and trustees
10(1) The Welsh Ministers may by order provide for the...
Pay and allowances
11(1) An NHS trust must pay— (a) to the chairman...
Reports and other information
12(1) For each accounting year an NHS trust must prepare...
13An NHS trust must furnish to the Welsh Ministers such...
Part 2Powers and duties
General
14(1) An NHS trust may do anything which appears to...
NHS contracts
15(1) In addition to carrying out its other functions, an...
Research
16An NHS trust may undertake and commission research and make...
Training
17An NHS trust may— (a) provide training for persons employed...
Joint exercise of functions
18An NHS trust may enter into arrangements for the carrying...
Payment for accommodation or services
19(1) According to the nature of its functions, an NHS...
Additional income
20(1) For the purpose of making additional income available in...
Provision of accommodation and services outside England and Wales
21An NHS Trust may arrange for the provision of accommodation...
Conferral of further powers by order
22The Welsh Ministers may by order confer specific powers on...
Powers of NHS trusts to enter into externally financed development agreements
23(1) The powers of an NHS trust include power to...
Agreements under section 50 or 64
24An NHS trust may provide services under an agreement made...
Staff
25(1) An NHS trust may employ such staff as it...
Pensions, etc.
26(1) An NHS trust may, for or in respect of...
Compulsory acquisition
27(1) An NHS trust may be authorised to purchase land...
Part 3Dissolution
28(1) The Welsh Ministers may by order dissolve an NHS...
29(1) If an NHS trust is dissolved under paragraph 28,...
30(1) If an NHS trust is dissolved under paragraph 28,...
31An NHS trust may not be dissolved or wound up...
Part 4Miscellaneous
Use and development of consecrated land and burial grounds
32Section 128 of the Town and Country Planning Act 1971...
Instruments etc.
33(1) The fixing of the seal of an NHS trust...
Interpretation
34In this Schedule— “provide” includes manage, “operational date” has the...
SCHEDULE 4Financial provision about NHS trusts established under section 18
Originating capital of NHS trusts
1(1) Each NHS trust has an originating capital of an...
Financial obligations of NHS trusts
2(1) Each NHS trust must ensure that its revenue is...
Borrowing
3(1) For the purpose of its functions an NHS trust...
Guarantees of borrowing
4(1) The Welsh Ministers may guarantee, in such manner and...
Limits on indebtedness
5The aggregate of all sums borrowed by NHS trusts which...
Additional public dividend capital
6The Welsh Ministers may, with the consent of the Treasury,...
Supplementary payments
7(1) The Welsh Ministers may make a payment to an...
Surplus funds
8(1) If it appears to the Welsh Ministers that any...
Investment
9(1) An NHS trust has power to invest money held...
10Any direction under section 19 with respect to the maximum...
SCHEDULE 5Special Health Authorities established under section 22
Corporate status
1Each Special Health Authority is a body corporate.
Pay and allowances
2(1) The Welsh Ministers may pay to—
Staff
3(1) A Special Health Authority may employ such officers as...
4(1) The Welsh Ministers must, before they make regulations under...
Miscellaneous
5Provision may be made by regulations as to—
6Regulations made under this Schedule may make provision (including provision...
7A Special Health Authority may pay subscriptions, of such amounts...
8A Special Health Authority has power to accept gifts of...
9(1) The Welsh Ministers may by order provide for the...
10The proceedings of a Special Health Authority are not invalidated...
11(1) A Special Health Authority may— (a) make available at...
12(1) Any rights acquired, or liabilities (including liabilities in tort)...
13Provision may be made by regulations with respect to the...
SCHEDULE 6Pilot schemes
How pilot schemes may be initiated
1(1) A pilot scheme may be made—
Preliminary steps to be taken
2(1) Before making a pilot scheme, the Local Health Board...
Approval
3(1) If proposals for a pilot scheme are submitted under...
Preliminary approval
4(1) This paragraph applies if a Local Health Board proposes...
Effect of proposals on existing services
5(1) Proposals for a pilot scheme submitted under paragraph 2,...
Guidance
6The Welsh Ministers may issue guidance about the criteria by...
Making a scheme
7(1) If the Welsh Ministers approve proposals for a pilot...
SCHEDULE 7LPS schemes
Provision of local pharmaceutical services
1(1) Local Health Boards may establish LPS schemes.
Designation of priority neighbourhoods or premises
2(1) The Welsh Ministers may make regulations allowing a Local...
Regulations
3(1) The Welsh Ministers may make regulations with respect to...
SCHEDULE 8Further provision about the expenditure of Local Health Boards
General ophthalmic . . . services expenditure
1(1) In section 174 and 175 and this Schedule, “general...
Main expenditure
2(1) In section 174 “ main expenditure ”, in relation...
3(1) For each financial year, the Welsh Ministers must apportion...
3A(1) The Welsh Ministers may designate any element of the...
Interpretation
4(1) In this Schedule— “designated” means designated in writing by...
SCHEDULE 9Accounts and audit
NHS bodies
1The following are NHS bodies for the purposes of this...
Accounts to be kept by NHS bodies
2(1) Each NHS body must keep proper accounts and proper...
Preparation of annual accounts
3(1) Each NHS body must prepare in respect of each...
Transmission of annual accounts
4Section 61(1) of the Public Audit (Wales) Act 2004 (c....
Summarised accounts of NHS bodies
5(1) This paragraph applies in relation to NHS bodies that...
Exceptions for accounts of charitable trusts
6(1) For the purposes of this paragraph a “relevant charitable...
Exceptions for accounts of non-charitable trusts
7(1) For the purposes of this paragraph a “relevant non-charitable...
SCHEDULE 10Further provision about Community Health Councils
SCHEDULE 11Exempt information relating to health services
Part 1Descriptions of exempt information
1Information relating to a particular employee, former employee or applicant...
2Information relating to any particular occupier or former occupier of,...
3Information relating to any particular applicant for, or recipient or...
4Information relating to any particular applicant for, or recipient or...
5The amount of any expenditure proposed to be incurred by...
6Any terms proposed or to be proposed by or to...
7The identity of a relevant body (as well as of...
8Information relating to any consultations or negotiations, or contemplated consultations...
9Any instructions to counsel and any opinion of counsel (whether...
10Information relating to a particular person who was included in...
11Information relating to a particular person who is, or was...
12Information relating to a particular person who—
13(1) Information relating to a particular person who—
14Information relating to any particular employee, former employee, or applicant...
15Information relating to the physical or mental health of a...
Part 2Qualifications
16Information relating to a person of a description specified in...
17Information falling within paragraph 5 of Part 1 is exempt...
18Information falling within paragraph 6 of Part 1 is exempt...
19Information falling within paragraph 8 of Part 1 is exempt...
Part 3Interpretation
20In this Schedule— “disposal”, in relation to property, includes the...
SCHEDULE 12Section 33 arrangements: transfer of staff
Application of Schedule
1This Schedule applies where, under any arrangements under regulations under...
Orders transferring staff
2(1) The Welsh Ministers may by order transfer to the...
Effect of order on contracts of employment
3(1) The contract of employment of an employee transferred by...
Effect of order on pension rights
4(1) An order under paragraph 2 may provide that, in...
Divided employments
5(1) Where an employee will be transferred by an order...
SCHEDULE 13Further provision about standing advisory committees
1Regulations may make provision with respect to—
2The Welsh Ministers must appoint a secretary to each standing...
3Each standing advisory committee may appoint such sub-committees as it...
4Any such sub-committee may include persons who are not members...
5Each standing advisory committee must elect one of the members...
5ABut regulations under paragraph 1(b) may make provision about the...
6Each standing advisory committee has power to regulate its own...
7The proceedings of a standing advisory committee are not invalidated...
8The Welsh Ministers may make such payments in respect of...
9The Welsh Ministers may pay to the members of a...
10Payments under this Schedule are subject to such conditions as...
SCHEDULE 14Further provision about advisory committees for Wales
1(1) Sub-paragraph (2) applies where the Welsh Ministers are satisfied...
2The Welsh Ministers may, by notice in writing served on...
3A committee recognised under section 190 or this Schedule must—...
4The Welsh Ministers may defray such expenses incurred by a...
SCHEDULE 15Further provision about local social services authorities
Care of mothers and young children
1Further provision about local social services authorities
Prevention, care and after-care
2Further provision about local social services authorities
2AFurther provision about local social services authorities
Research
3Further provision about local social services authorities

National Health Service (Wales) Act 2006

2006 c. 42

An Act to consolidate certain enactments relating to the health service.

C1C2C3Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:
Commencement Information
I1

Act in force at 1.3.2007 subject to the provisions of s. 208

Modifications etc. (not altering text)