2023 No. 299 (W. 44)
The Health and Social Care (Quality and Engagement) (Wales) Act 2020 (Consequential, Supplementary and Incidental Amendments and Revocations) (Secondary Legislation) Regulations 2023
Made
Laid before Senedd Cymru
Coming into force in accordance with regulation 1(2) and (3)
The Welsh Ministers make these Regulations in exercise of the powers conferred by section 28(1)(a), (2) and (3) of the Health and Social Care (Quality and Engagement) (Wales) Act 20201.
Title and coming into force1
1
The title of these Regulations is the Health and Social Care (Quality and Engagement) (Wales) Act 2020 (Consequential, Supplementary and Incidental Amendments and Revocations) (Secondary Legislation) Regulations 2023.
2
Subject to paragraph (3), these Regulations come into force on 1 April 2023.
3
The following regulations come into force on 1 July 2023—
a
regulation 2,
b
regulation 9(5)(c), (e), (f) and (g),
c
regulation 9(6)(c), (e), (f) and (g),
d
regulation 9(7)(c).
Amendments to the National Health Service (General Ophthalmic Services) Regulations 19862
1
The National Health Service (General Ophthalmic Services) Regulations 19862 are amended as follows.
2
In Schedule 1 (terms of service), after paragraph 2 insert—
2A
Code of practice on access to premises
A contractor must have regard to the code of practice on access to premises prepared and published by the Welsh Ministers under section 19(1) of the Health and Social Care (Quality and Engagement) (Wales) Act 2020 (“the 2020 Act”) (so far as the code is relevant) in exercising any function that relates to the provision of health services or social services (within the meaning of those terms in section 21 of the 2020 Act).
Amendments to the National Health Service (Service Committees and Tribunal) Regulations 19923
1
The National Health Service (Service Committees and Tribunal) Regulations 19923 are amended as follows.
2
For regulation 32(1)(d)(ii) (service of documents) substitute—
ii
the Citizen Voice Body for Health and Social Care, Wales (“the Body”) established under section 12(1) of the Health and Social Care (Quality and Engagement) (Wales) Act 2020 or any person acting on its behalf, by delivering it or sending it by post to the Body’s chief executive or board secretary at its principal office,
3
In Schedule 2, in paragraph 8(b)(iv) (constitution of discipline committees), after “Act” insert “or the Citizen Voice Body for Health and Social Care, Wales, established under section 12(1) of the Health and Social Care (Quality and Engagement) (Wales) Act 2020”
.
Amendments to the National Health Service (General Medical Services Contracts) (Wales) Regulations 20044
1
The National Health Service (General Medical Services Contracts) (Wales) Regulations 20044 are amended as follows.
2
In regulation 2(1) (interpretation), omit the definition of “CHC”.
3
In Schedule 6, omit paragraph 88 (entry and inspection by members of Community Health Councils).
Amendments to the NHS Blood and Transplant (Gwaed a Thrawsblaniadau’r GIG) Regulations 20055
1
The NHS Blood and Transplant (Gwaed a Thrawsblaniadau’r GIG) Regulations 20055 are amended as follows.
2
In regulation 1(2) (citation, commencement and interpretation), in the definition of “health service body”, in paragraph (a)—
a
omit “or”, and
b
after “Community Health Council,” insert “or the Citizen Voice Body for Health and Social Care, Wales, established under section 12(1) of the Health and Social Care (Quality and Engagement) (Wales) Act 2020,”
.
Amendments to the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 20056
1
The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 20056 are amended as follows.
2
In regulation 1(2) (citation, commencement and interpretation), in the definition of “health service body”, in paragraph (a)—
a
for “or” substitute “,”
, and
b
after “Community Health Council,” insert “or the Citizen Voice Body for Health and Social Care, Wales, established under section 12(1) of the Health and Social Care (Quality and Engagement) (Wales) Act 2020,”
.
Amendments to the National Health Service (General Dental Services Contracts) (Wales) Regulations 20067
1
The National Health Service (General Dental Services Contracts) (Wales) Regulations 20067 are amended as follows.
2
In Schedule 3—
a
omit paragraph 36 (requests for information from Community Health Councils),
b
in paragraph 44(3) (entry and inspection by the Local Health Board) omit “45 or” and “, members of a Community Health Council”, and
c
omit paragraph 45 (entry and inspection by members of Community Health Councils).
Amendments to the National Health Service (Personal Dental Services Agreements) (Wales) Regulations 20068
1
The National Health Service (Personal Dental Services Agreements) (Wales) Regulations 20068 are amended as follows.
2
In Schedule 3—
a
omit paragraph 37 (requests for information from Community Health Councils),
b
in paragraph 44(3) (entry and inspection by the Relevant Body) omit “45 or” and “, members of a Community Health Council”, and
c
omit paragraph 45 (entry and inspection by members of Community Health Councils).
Amendments to the National Health Service (Pharmaceutical Services) (Wales) Regulations 20209
1
The National Health Service (Pharmaceutical Services) (Wales) Regulations 20209 are amended as follows.
2
In regulation 2(1) (interpretation)—
a
omit the definition of “Community Health Council”, and
b
at the appropriate place insert—
“Citizen Voice Body” (“Corff Llais y Dinesydd”) means the Citizen Voice Body for Health and Social Care, Wales, established under section 12(1) of the Health and Social Care (Quality and Engagement) (Wales) Act 2020;
3
In regulation 7(1)(h) (consultation on pharmaceutical needs assessments), for “any Community Health Council for its area” substitute “the Citizen Voice Body”
.
4
In Schedule 3—
a
in paragraph 4(2)(c) (notice of proposed determination in respect of controlled localities), for “the Community Health Council for the area” substitute “the Citizen Voice Body”
, and
b
in paragraph 9(1)(e) (persons and bodies to be notified), for “any Community Health Council serving the area of the Local Health Board” substitute “the Citizen Voice Body”
.
5
In Schedule 5—
a
in paragraph 2(c)(ii) (incorporation of provisions), for “, and” substitute “.”
,
b
omit paragraph 2(d) (incorporation of provisions),
c
after paragraph 2 insert—
2A
Code of practice on access to premises
An NHS pharmacist who provides pharmaceutical services must have regard to the code of practice on access to premises prepared and published by the Welsh Ministers under section 19(1) of the Health and Social Care (Quality and Engagement) (Wales) Act 2020 (“the 2020 Act”) (so far as the code is relevant) in exercising any function that relates to the provision of health services or social services (within the meaning of those terms in section 21 of the 2020 Act).
d
omit paragraph 28(3)(a)(vii) (clinical governance),
e
in paragraph 28(3)(a)(viii) (clinical governance) omit “and”,
f
in paragraph 28(3)(a)(ix) (clinical governance), after “Equality Act 2010,” insert “and”
,
g
after paragraph 28(3)(a)(ix) (clinical governance) insert—
x
a requirement that the NHS pharmacist must have regard to the code of practice on access to premises prepared and published by the Welsh Ministers under section 19(1) of the Health and Social Care (Quality and Engagement) (Wales) Act 2020 (“the 2020 Act”) (so far as the code is relevant) in exercising any function that relates to the provision of health services or social services (within the meaning of those terms in section 21 of the 2020 Act),
6
In Schedule 6—
a
in paragraph 1(c)(ii) (incorporation of provisions), for “, and” substitute “.”
,
b
omit paragraph 1(d) (incorporation of provisions),
c
after paragraph 1 insert—
1A
Code of practice on access to premises
An NHS appliance contractor who provides pharmaceutical services must have regard to the code of practice on access to premises prepared and published by the Welsh Ministers under section 19(1) of the Health and Social Care (Quality and Engagement) (Wales) Act 2020 (“the 2020 Act”) (so far as the code is relevant) in exercising any function that relates to the provision of health services or social services (within the meaning of those terms in section 21 of the 2020 Act).
d
omit paragraph 17(3)(a)(vii) (clinical governance),
e
in paragraph 17(3)(a)(viii) (clinical governance) omit “and”,
f
in paragraph 17(3)(a)(ix) (clinical governance), after “Equality Act 2010,” insert “and”
,
g
after paragraph 17(3)(a)(ix) (clinical governance) insert—
x
a requirement that the NHS appliance contractor must have regard to the code of practice on access to premises prepared and published by the Welsh Ministers under section 19(1) of the Health and Social Care (Quality and Engagement) (Wales) Act 2020 (“the 2020 Act”) (so far as the code is relevant) in exercising any function that relates to the provision of health services or social services (within the meaning of those terms in section 21 of the 2020 Act),
7
In Schedule 7—
a
in paragraph 2(c)(ii) (incorporation of provisions), for “, and” substitute “.”
,
b
omit paragraph 2(d) (incorporation of provisions),
c
after paragraph 2 insert—
2A
Code of practice on access to premises
A doctor who provides pharmaceutical services must have regard to the code of practice on access to premises prepared and published by the Welsh Ministers under section 19(1) of the Health and Social Care (Quality and Engagement) (Wales) Act 2020 (“the 2020 Act”) (so far as the code is relevant) in exercising any function that relates to the provision of health services or social services (within the meaning of those terms in section 21 of the 2020 Act).
Revocations
10
The Community Health Council (Establishment of Carmarthenshire Community Health Council, Transfer of Functions and Abolition of Llanelli/Dinefwr and Carmarthen/Dinefwr Community Health Councils) Order 200610 is revoked.
11
The Community Health Councils (Constitution, Membership and Procedures) (Wales) Regulations 201011 is revoked.
12
The Community Health Councils (Establishment, Transfer of Functions and Abolition) (Wales) Order 201012 is revoked.
13
1
The instruments listed in Part 1 of the Schedule are revoked.
2
The provisions listed in Part 2 of the Schedule are revoked.
SCHEDULEAdditional revocations
PART 1
1
The Community Health Councils (Constitution, Membership and Procedures) (Wales) (Amendment) Regulations 201513.
2
The Community Health Councils (Establishment, Transfer of Functions and Abolition) (Wales) (Amendment) Order 201514.
3
The Community Health Councils (Constitution, Membership and Procedures) (Wales) (Amendment) Regulations 202015.
PART 2
4
Article 85(2)(b) of the General Medical Services Transitional and Consequential Provisions (Wales) (No. 2) Order 200416.
5
Paragraph 13 of Schedule 1 to the Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 200417.
6
Paragraph 4 of Schedule 2 to the General Dental Services, Personal Dental Services and Abolition of the Dental Practice Board Transitional and Consequential Provisions Order 200618.
7
Article 2(a) of the Equality Act 2010 (Specification of Relevant Welsh Authorities) Order 201119.
8
Articles 6 and 7 of the Local Health Boards (Area Change) (Wales) (Miscellaneous Amendments) Order 201920.
9
Article 6(6) of the Health and Social Care (Community Health and Standards) Act 2003 (Commencement No. 1) (Wales) Order 200421.
10
Article 3 of the Public Services Ombudsman for Wales (Jurisdiction and Transitional Provisions and Savings) Order 200622.
11
Paragraph 17 of the Schedule to the References to Health Authorities Order 200723.
(This note is not part of the Regulations)