Explanatory note

These Regulations specify the directed functions of Local Health Boards established for all areas of Wales pursuant to section 11 of the National Health Service (Wales) Act 2006 (c. 42) (see S.I. 2003/148 (W.18) and S.I. 2009/778 (W.66)) (regulation 4 and the Schedule). The Local Health Boards are Abertawe Bro Morgannwg University Local Health Board, Aneurin Bevan Local Health Board, Betsi Cadwaladr University Local Health Board, Cardiff and Vale University Local Health Board, Cwm Taf Local Health Board, Hywel Dda Local Health Board and Powys Teaching Local Health Board.

Local Health Boards are responsible for persons usually resident in their area (regulation 2(2)). A Local Health Board maintains its responsibility for certain categories of children who come from their area but are then placed out of area and who would otherwise become the responsibility of another Local Health Board by virtue of being usually resident in that area. The children concerned are children looked after by local authorities, local authority care leavers, children resident at a school named in their statement of special educational needs and children with ongoing health needs and who, for any of those reasons are placed out of their area (regulation 3).

From 1 October 2009 seven Local Health Boards are responsible for the provision of health services in Wales and exercise the functions previously exercised by twenty two Local Health Boards on 30 September 2009, together with other functions of the Welsh Ministers including certain functions which were exercised by National Health Service Trusts. On 1 October 2009 seven National Health Service Trusts which delivered hospital services are dissolved. The Welsh Ambulance Services National Health Service Trust and Velindre National Health Service Trust remain in existence.

Health Authorities in Wales were abolished with effect from 1 April 2003. Under section 27 of the Government of Wales Act 1998 (c. 38) the National Assembly for Wales made the Health Authorities (Transfer of Functions, Staff, Property, Rights and Liabilities and Abolition) (Wales) Order 2003 (S.I 2003/813 (W.98)) which provided that from 1 April 2003 all functions of Health Authorities in Wales were transferred to the National Assembly for Wales and that all such Health Authorities were abolished.

The Local Health Boards (Functions) (Wales) Regulations 2003 (S.I. 2003/150 (W.20)) came into force on 1 April 2003. The functions of Health Authorities in Wales which had been transferred to the National Assembly for Wales were (with some specified exceptions) made exercisable by (rather than being transferred to) Local Health Boards. On 1 April 2003 all references to Health Authorities in Wales, insofar as they related to Health Authority functions, were construed as references to the National Assembly for Wales, although not textually amended in legislation.

There were numerous provisions in the National Health Service Act 1977 (c. 49) under which functions were stated to be exercisable by Health Authorities even though there were no longer any Health Authorities in existence and no power for any new ones to be created. In light of this, when National Health Service legislation was consolidated, the National Health Service (Wales) Act 2006 (“the Act”) enacted the effect of the Local Health Boards (Functions) (Wales) Regulations 2003. The Act provides for functions which were exercisable by Local Health Boards by virtue of the Local Health Boards (Functions) (Wales) Regulations 2003 to be treated as functions of Local Health Boards for the purposes of the Act. These Regulations specifically direct Local Health Boards to exercise those functions despite appearing as Local Health Board functions on the face of the Act because they are functions of the Welsh Ministers.

The National Health Service (Consequential Provisions) Act 2006 (c. 43) provides that nothing in the Act by virtue of the Local Health Boards (Functions) (Wales) Regulations 2003 affects the power of the Welsh Ministers to exercise the functions under those Regulations and preserves the power to revoke those Regulations. The Local Health Boards (Functions) (Wales) Regulations 2003 are revoked on 1 October 2009 (regulation 6) and this is reflected in consequential amendments (regulation 7).

The Health and Social Care (Community Health and Standards) Act 2003 (c. 43) (“the 2003 Act”) amended the National Health Service Act 1977 to include provisions that are now in the Act. The 2003 Act amendments had effect, in part, as textual amendments to references to Health Authorities in the relevant provisions of the National Health Service Act 1977. References to Local Health Boards were inserted by the 2003 Act at a stage when the Local Health Boards (Functions) (Wales) Regulations 2003 had come into force and the effect of those Regulations was disregarded when dealing with references to Health Authorities. References in the 2003 Act should have been to National Assembly for Wales functions and not to Local Health Board functions. Therefore, Local Health Boards are directed to exercise such functions under these Regulations because despite appearing as Local Health Board functions on the face of legislation, they are functions of the Welsh Ministers.

Certain functions are conferred on Local Health Boards outside of these Regulations. The References to Health Authorities Order 2007 (S.I 2007/961 (W.85)) was made pursuant to section 75 of the Health Act 2006 (c. 28) to change references to Health Authorities to references to Local Health Boards in non-health related legislation to reflect the fact that certain functions previously exercised by Health Authorities are exercised by Local Health Boards. Local Health Boards also continue to exercise functions directly conferred on Local Health Boards in legislation such as those in the Health and Social Care Act 2001 (c. 15), the National Health Service Reform and Health Care Professions Act 2002 (c. 17) and the Health Act 2006 and provisions in the Act inserted by those Acts.

A regulatory impact assessment has been prepared in connection with these Regulations. A copy can be obtained from the Welsh Assembly Government, Cathays Park, Cardiff, CF10 3NQ.