National Health Service (Wales) Act 2006 in England
2006 c. 42 · Enacted 8 November 2006 · Extends to England and Wales
An Act to consolidate certain enactments relating to the health service.
[8th November 2006] I1
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 to the whole text
Modifications
- C1
Act modified (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 4, 5, 8(2), Sch. 2 para. 1, Sch. 3
- C2
Act modified (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 4, 8(2), Sch. 2 para. 15(c)(d) (with Sch. 3 Pt. 1)
- C3
Act modified (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 4, 8(2), Sch. 2 para. 18 (with Sch. 3 Pt. 1)
Commencement
- I1
Act in force at 1.3.2007 subject to the provisions of s. 208
Contents
- Part 1: Promotion 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- 6AReimbursement of cost of services provided in another EEA state Repealed
- 6BPrior authorisation for the purposes of section 6A Repealed
- 6BAReimbursement of cost of services provided in another EEA state where expenditure incurred on or after 25 October 2013 Repealed
- 6BBPrior authorisation for the purposes of section 6BA Repealed
- 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
- Direct payments for health care
- 10BDirect payments for health care
- 10CRegulations about direct payments
- 10DArrangements with other bodies relating to direct payments
- Part 2: Health service bodies
- Chapter 1: Local 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 2: NHS 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 3: Special 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 4: Miscellaneous
- 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 3: Local 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 Repealed
- Part 4: Medical 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 5: Dental 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 6: Ophthalmic 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 7: Pharmaceutical services and local pharmaceutical services
- Chapter 1: Pharmaceutical 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 2: Local 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 3: Local pharmaceutical services: LPS schemes
- 102Local pharmaceutical services schemes
- Chapter 4: Local pharmaceutical services: application of enactments
- 103Application of enactments
- Part 8: Qualifications to practice
- Chapter 1: Conditional inclusion and supplementary lists
- 104Conditional inclusion in ophthalmic and pharmaceutical lists
- 105Supplementary lists
- 106Further provision about regulations under section 105
- Chapter 1A: Notices and penalties Not yet in force
- 106ANotices and penalties Not yet in force
- Chapter 2: Disqualification
- 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 3: Indemnity Cover
- 120Indemnity cover
- Part 9: Charging
- 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 10: Protection 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 11: Property and finance
- Chapter 1: Land and other Property
- 159Acquisition, use and maintenance of property
- Chapter 2: Trusts
- 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 3: Property transferred under the National Health Service Act 1946
- 166Transferred property free of trusts
- 167Trust property previously held for general hospital purposes
- 168Voluntary hospitals
- Chapter 4: Raising money
- 169Power to raise money
- Chapter 5: Formation of companies
- 170Public-private partnerships
- Chapter 6: Finance
- 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 Repealed
- 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 12: Public involvement and scrutiny
- Chapter 1: Community Health Councils
- 182Community Health Councils Repealed
- Chapter 2: Public involvement and consultation
- 183Public involvement and consultation
- Chapter 3: Overview and scrutiny committees
- 184Functions of overview and scrutiny committees
- 185Joint overview and scrutiny committees etc
- 186Overview and scrutiny committees: exempt information
- Part 13: Miscellaneous
- 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 14: Supplementary
- 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
- Schedule 1: Further provision about the Welsh Ministers and services under this Act
- Medical inspection of pupils
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Weighing and measuring of children
- 7AParagraph 7A
- 7BParagraph 7B
- Contraceptive services
- 8Paragraph 8
- Provision of vehicles for disabled persons
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Provision of a microbiological service by the Welsh Ministers
- 12Paragraph 12
- Powers of the Welsh Ministers in relation to research
- 13Paragraph 13
- Schedule 2: Local Health Boards
- Part 1: Constitution and membership
- Status
- 1Paragraph 1
- 2Paragraph 2
- Membership
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Staff
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Remuneration, pensions etc of members
- 10Paragraph 10
- Part 2: LHB orders
- 11Paragraph 11
- 12Paragraph 12
- Part 3: Other Matters
- General power
- 13Paragraph 13
- Rights and liabilities
- 14Paragraph 14
- Making accommodation or services available
- 15Paragraph 15
- Powers of Local Health Boards to enter into externally financed development agreements
- 16Paragraph 16
- Research
- 17Paragraph 17
- Training
- 18Paragraph 18
- Regulations about duties
- 19Paragraph 19
- Compulsory acquisition
- 20Paragraph 20
- Dissolution
- 21Paragraph 21
- Transfer of property
- 22Paragraph 22
- 23Paragraph 23
- Transfer of staff
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- Interpretation
- 28Paragraph 28
- Schedule 3: NHS trusts established under section 18
- Part 1: Constitution, establishment, etc
- Status
- 1Paragraph 1
- 2Paragraph 2
- Board of directors
- 3Paragraph 3
- Regulations
- 4Paragraph 4
- Provision to be made by first NHS trust order
- 5Paragraph 5
- Temporary availability of staff etc.
- 6Paragraph 6
- Establishment of NHS trust prior to operational date
- 7Paragraph 7
- Transfer of staff to NHS trusts
- 8Paragraph 8
- Transfer of property and liabilities to NHS trusts
- 9Paragraph 9
- Trust funds and trustees
- 10Paragraph 10
- Pay and allowances
- 11Paragraph 11
- Reports and other information
- 12Paragraph 12
- 13Paragraph 13
- Part 2: Powers and duties
- General
- 14Paragraph 14
- NHS contracts
- 15Paragraph 15
- Research
- 16Paragraph 16
- Training
- 17Paragraph 17
- Joint exercise of functions
- 18Paragraph 18
- Payment for accommodation or services
- 19Paragraph 19
- Additional income
- 20Paragraph 20
- Provision of accommodation and services outside England and Wales
- 21Paragraph 21
- Conferral of further powers by order
- 22Paragraph 22
- Powers of NHS trusts to enter into externally financed development agreements
- 23Paragraph 23
- Agreements under section 50 or 64
- 24Paragraph 24
- Staff
- 25Paragraph 25
- Pensions, etc.
- 26Paragraph 26
- Compulsory acquisition
- 27Paragraph 27
- Part 3: Dissolution
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- Part 4: Miscellaneous
- Use and development of consecrated land and burial grounds
- 32Paragraph 32
- Instruments etc.
- 33Paragraph 33
- Interpretation
- 34Paragraph 34
- Schedule 4: Financial provision about NHS trusts established under section 18
- Originating capital of NHS trusts
- 1Paragraph 1
- Financial obligations of NHS trusts
- 2Paragraph 2
- Borrowing
- 3Paragraph 3
- Guarantees of borrowing
- 4Paragraph 4
- Limits on indebtedness
- 5Paragraph 5
- Additional public dividend capital
- 6Paragraph 6
- Supplementary payments
- 7Paragraph 7
- Surplus funds
- 8Paragraph 8
- Investment
- 9Paragraph 9
- 10Paragraph 10
- Schedule 5: Special Health Authorities established under section 22
- Corporate status
- 1Paragraph 1
- Pay and allowances
- 2Paragraph 2
- Staff
- 3Paragraph 3
- 4Paragraph 4
- Miscellaneous
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Schedule 6: Pilot schemes
- How pilot schemes may be initiated
- 1Paragraph 1
- Preliminary steps to be taken
- 2Paragraph 2
- Approval
- 3Paragraph 3
- Preliminary approval
- 4Paragraph 4
- Effect of proposals on existing services
- 5Paragraph 5
- Guidance
- 6Paragraph 6
- Making a scheme
- 7Paragraph 7
- Schedule 7: LPS schemes
- Provision of local pharmaceutical services
- 1Paragraph 1
- Designation of priority neighbourhoods or premises
- 2Paragraph 2
- Regulations
- 3Paragraph 3
- Schedule 8: Further provision about the expenditure of Local Health Boards
- General ophthalmic . . . services expenditure
- 1Paragraph 1
- Main expenditure
- 2Paragraph 2
- 3Paragraph 3
- 3AParagraph 3A
- Interpretation
- 4Paragraph 4
- Schedule 9: Accounts and audit
- NHS bodies
- 1Paragraph 1
- Accounts to be kept by NHS bodies
- 2Paragraph 2
- Preparation of annual accounts
- 3Paragraph 3
- Transmission of annual accounts
- 4Paragraph 4
- Summarised accounts of NHS bodies
- 5Paragraph 5
- Exceptions for accounts of charitable trusts
- 6Paragraph 6
- Exceptions for accounts of non-charitable trusts
- 7Paragraph 7
- Schedule 10: Further provision about Community Health Councils
- Paragraph Repealed
- Schedule 11: Exempt information relating to health services
- Part 1: Descriptions of exempt information
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Part 2: Qualifications
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- Part 3: Interpretation
- 20Paragraph 20
- Schedule 12: Section 33 arrangements: transfer of staff
- Application of Schedule
- 1Paragraph 1
- Orders transferring staff
- 2Paragraph 2
- Effect of order on contracts of employment
- 3Paragraph 3
- Effect of order on pension rights
- 4Paragraph 4
- Divided employments
- 5Paragraph 5
- Schedule 13: Further provision about standing advisory committees
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 5AParagraph 5A
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Schedule 14: Further provision about advisory committees for Wales
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 15: Further provision about local social services authorities Repealed
- Care of mothers and young children Repealed
- 1Paragraph 1 Repealed
- Prevention, care and after-care Repealed
- 2Paragraph 2 Repealed
- 2AParagraph 2A Repealed
- Research Repealed
- 3Paragraph 3 Repealed