The Local Health Boards (Area Change) (Wales) (Miscellaneous Amendments) Order 2019

Welsh Statutory Instruments

2019 No. 349 (W. 83)

National Health Service, Wales

The Local Health Boards (Area Change) (Wales) (Miscellaneous Amendments) Order 2019

Made

22 February 2019

Laid before the National Assembly for Wales

25 February 2019

Coming into force

1 April 2019

The Welsh Ministers, in exercise of the powers conferred by sections 11, 203(9) and (10) and 204(1) of, and paragraph 11 of Schedule 2 to, the National Health Service (Wales) Act 2006(1), make the following Order.

Title, commencement and application

1.—(1) The title of this Order is the Local Health Boards (Area Change) (Wales) (Miscellaneous Amendments) Order 2019 and it comes into force on 1 April 2019.

(2) This Order applies in relation to Wales.

Interpretation

2.  In this Order “the Establishment Order” means the Local Health Boards (Establishment and Dissolution) (Wales) Order 2009(2).

Change of local health board areas and names

3.—(1) The principal local government area of Bridgend is transferred from Abertawe Bro Morgannwg University Local Health Board and forms part of the area of Cwm Taf University Local Health Board(3).

(2) Cwm Taf University Local Health Board is renamed, and is to be known as, Cwm Taf Morgannwg University Local Health Board.

(3) Abertawe Bro Morgannwg University Local Health Board is renamed, and is to be known as, Swansea Bay University Local Health Board.

(4) Accordingly, for Schedule 1 to the Establishment Order substitute the new Schedule 1 set out in the Schedule to this Order.

(5) In this article, the “principal local government area” means the principal local government area for the purposes of the Local Government Act 1972(4).

Amendments to the Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009

4.—(1) In Schedule 4 to the Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009(5) (universities who may nominate a member of a local health board), the table is amended as follows.

(2) In column 2—

(a) in row 2, for “Cwm Taf Local Health Board” substitute “Cwm Taf Morgannwg University Local Health Board”;

(b) in row 4, for “Abertawe Bro Morgannwg University Local Health Board” substitute “Swansea Bay University Local Health Board”.

Amendments to the Welsh Health Specialised Services Committee (Wales) Regulations 2009

5.  In regulation 2 (interpretation) of the Welsh Health Specialised Services Committee (Wales) Regulations 2009(6), in the definition of “host Local Health Board”, for “Cwm Taf Local Health Board” substitute “Cwm Taf Morgannwg University Local Health Board.

Amendments to the Community Health Councils (Establishment, Transfer of Functions and Abolition) (Wales) Order 2010

6.—(1) In Schedule 1 to the Community Health Councils (Establishment, Transfer of Functions and Abolition) (Wales) Order 2010(7) (community health council names and local health board areas for which they are established), the table is amended as follows(8).

(2) In column 1 (names of community health councils)—

(a) in row 2, for “Abertawe Bro Morgannwg Community Health Council” substitute “Swansea Bay Community Health Council”;

(b) in row 5, for “Cwm Taf Community Health Council” substitute “Cwm Taf Morgannwg Community Health Council”.

(3) In column 2 (local health board areas for which the community health council is established)—

(a) in row 2, for “Abertawe Bro Morgannwg University Local Health Board” substitute “Swansea Bay University Local Health Board”;

(b) in row 5, for “Cwm Taf Local Health Board” substitute “Cwm Taf Morgannwg University Local Health Board”.

Amendments to the Community Health Councils (Constitution, Membership and Procedures) (Wales) Regulations 2010

7.—(1) The Community Health Councils (Constitution, Membership and Procedures) (Wales) Regulations 2010(9) are amended as follows.

(2) In the table in Schedule 1 (total number of members to be appointed to membership of a Council by the appointing bodies)—

(a) in column 1 (name of community health council)—

(i) in row 2, for “Abertawe Bro Morgannwg Community Health Council” substitute “Swansea Bay Community Health Council”;

(ii) in row 5, for “Cwm Taf Community Health Council” substitute “Cwm Taf Morgannwg Community Health Council”;

(b) in column 2 (total number of members to be appointed by relevant local authorities)—

(i) in row 2, for “9” substitute “6”;

(ii) in row 5, for “6” substitute “9”;

(c) in column 3 (total number of members to be appointed by voluntary organisations)—

(i) in row 2, for “9” substitute “6”;

(ii) in row 5, for “6” substitute “9”;

(d) in column 4 (total number of members to be appointed by the Welsh Ministers)—

(i) in row 2, for “18” substitute “12”;

(ii) in row 5, for “12” substitute “18”.

(3) In the table in Schedule 2 (community health councils and local authority areas or parts thereof for which appointments are made and local committees established), in column 2 (local authority areas)—

(a) in row 2—

(i) omit “i. Bridgend”, and

(ii) renumber the remaining entries “i. Neath Port Talbot” and “ii. Swansea”;

(b) in row 5, after “ii. Rhondda Cynon Taf” insert “iii. Bridgend”.

Amendments to the Mental Health (Regional Provision) (Wales) Regulations 2012

8.—(1) In Schedule 2 to the Mental Health (Regional Provision) (Wales) Regulations 2012(10) (regional provision and local mental health partners), the table is amended as follows.

(2) In column 1 (local authority areas (or parts thereof) applied as regions)—

(a) in row 3, omit “Bridgend County Borough Council”;

(b) in row 5, before “Merthyr Tydfil County Borough Council” insert “Bridgend County Borough Council”.

(3) In column 2 (local mental health partners)—

(a) in row 3—

(i) omit “Abertawe Bro Morgannwg University Local Health Board” and after “Neath Port Talbot County Borough Council” insert “Swansea Bay University Local Health Board”, and

(ii) omit “Bridgend County Borough Council”;

(b) in row 5—

(i) before “Cwm Taf Local Health Board” insert “Bridgend County Borough Council”, and

(ii) for “Cwm Taf Local Health Board” substitute “Cwm Taf Morgannwg University Local Health Board”.

Amendments to the Emergency Ambulance Services Committee (Wales) Regulations 2014

9.  In regulation 2 of the Emergency Ambulance Services Committee (Wales) Regulations 2014(11) (interpretation), in the definition of “host Local Health Board”, for “Cwm Taf University Local Health Board” substitute “Cwm Taf Morgannwg University Local Health Board.

Amendments to the Safeguarding Boards (General) (Wales) Regulations 2015

10.—(1) The Safeguarding Boards (General) (Wales) Regulations 2015(12) are amended as follows.

(2) In the table in Schedule 1 (safeguarding board areas)—

(a) in column 1 (name of safeguarding board area)—

(i) in row 2, for “Cwm Taf” substitute “Cwm Taf Morgannwg”;

(ii) in row 6, for “Western Bay” substitute “West Glamorgan”;

(b) in column 2 (extent of safeguarding board area)—

(i) in row 2, before “Merthyr Tydfil County Borough Council” insert “Bridgend County Borough Council,”;

(ii) in row 6, omit “Bridgend County Borough Council”.

(3) In the table in Schedule 2 (lead partners), in column 1 (safeguarding board area)—

(a) in row 2, for “Cwm Taf” substitute “Cwm Taf Morgannwg”;

(b) in row 6, for “Western Bay” substitute “West Glamorgan”.

Julie Morgan

Deputy Minister for Health and Social Services, under authority of the Minister for Health and Social Services, one of the Welsh Ministers

22 February 2019

Article 3(4)

SCHEDULE Schedule to be substituted for Schedule 1 to the Establishment Order

Articles 3 and 4

“SCHEDULE 1 Local Health Board Names and Principal Local Government Areas for which they are Established

Column 1 Names of Local Health Boards established under article 3	Column 2 Principal local government areas for which the Local Health Board is established
1 Aneurin Bevan University Local Health Board	Blaenau Gwent, Caerphilly, Monmouthshire, Newport and Torfaen
2 Cwm Taf Morgannwg University Local Health Board	Bridgend, Merthyr Tydfil and Rhondda Cynon Taf
3 Cardiff and Vale University Local Health Board	Cardiff and Vale of Glamorgan
4 Swansea Bay University Local Health Board	Neath Port Talbot and Swansea
5 Hywel Dda University Local Health Board	Carmarthenshire, Ceredigion and Pembrokeshire
6 Betsi Cadwaladr University Local Health Board	Anglesey, Conwy, Denbighshire, Flintshire, Gwynedd and Wrexham”

EXPLANATORY NOTE

(This note is not part of the Order)

This Order changes the areas of Cwm Taf University Local Health Board and Abertawe Bro Morgannwg University Local Health Board and also changes their names.

The principal local government area of Bridgend is transferred from Abertawe Bro Morgannwg University Local Health Board and forms part of the area of Cwm Taf University Local Health Board. Abertawe Bro Morgannwg University Local Health Board is renamed Swansea Bay University Local Health Board and Cwm Taf University Local Health Board is renamed Cwm Taf Morgannwg University Local Health Board.

Amendments giving effect to these changes are made to the Local Health Boards (Establishment and Dissolution) (Wales) Order 2009 and the Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009.

Changes to local health board areas have the effect of changing the area of the relevant Community Health Councils. Accordingly, this Order amends the Community Health Councils (Establishment, Transfer of Functions and Abolition) (Wales) Order 2010 to reflect the changes in local health board areas. In addition, Cwm Taf Community Health Council is renamed Cwm Taf Morgannwg Community Health Council and Abertawe Bro Morgannwg Community Health Council is renamed Swansea Bay Community Health Council. Amendments are also made to the number of members of those Councils.

This Order also makes amendments to other statutory instruments arising from the changes described above.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result a Regulatory Impact Assessment has been prepared as to the likely costs and benefits of complying with this Order. A copy can be obtained from the Department of Health and Social Services, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

(1)

2006 c. 42.

(2)

S.I. 2009/778 (W. 66), amended by S.I. 2013/2918 (W. 286).

(3)

Cwm Taf University Local Health Board was previously named Cwm Taf Local Health Board but was renamed by article 2(b) of S.I. 2013/2918 (W. 286).

(4)

1972 c. 70. Relevant amendments were made by the Local Government (Wales) Act 1994 (c. 19).

(5)

S.I. 2009/779 (W. 67), amended by S.I. 2012/1641, S.I. 2013/235, S.I. 2014/1815, S.I. 2015/137 and S.I. 2016/481.

(6)

S.I. 2009/3097 (W. 270), amended by S.I. 2012/1641, S.I. 2013/235, S.I. 2015/137 and S.I. 2016/481.

(7)

S.I. 2010/289 (W. 38), amended by S.I. 2015/507 (W. 42).

(8)

Under article 4(2) of the Community Health Councils (Establishment, Transfer of Functions and Abolition) (Wales) Order 2010, if the local health board area assigned to a community health council is varied, the community health council area is to be varied accordingly.

(9)

S.I. 2010/288 (W. 37), amended by S.I 2013/235, S.I. 2015/137, S.I. 2015/509 (W. 43) and S.I. 2016/481.

(10)

S.I. 2012/1244 (W. 152).

(11)

S.I. 2014/566 (W. 67), amended by S.I. 2015/137 and S.I. 2016/481.

(12)

S.I. 2015/1357 (W. 131), amended by S.I. 2018/494 (W. 85).