PART 6HEALTH IMPACT ASSESSMENTS
108Requirement to carry out health impact assessments
1
Regulations must make provision about the carrying out of health impact assessments by public bodies.
2
A health impact assessment is an assessment of the likely effect, both in the short term and in the long term, of a proposed action or decision on the physical and mental health of the people of Wales or of some of the people of Wales.
3
The regulations must specify—
a
the circumstances in which a public body must carry out a health impact assessment;
b
the way in which a health impact assessment is to be carried out.
4
The regulations may require the Public Health Wales National Health Service Trust to give assistance to another public body carrying out a health impact assessment.
5
The regulations may make provision about how the assistance is to be given, including (among other things) about when it is to be given.
6
The regulations may make provision which applies subject to exceptions specified in the regulations.
7
Before making regulations under this section, the Welsh Ministers must—
a
consider whether there are persons who appear to be representative of the interests of those likely to be affected by the regulations (“representative persons”), and
b
carry out consultation with any representative persons whom the Welsh Ministers consider it appropriate to consult.
109Health impact assessments: publication and taking into account
1
Where a public body has carried out a health impact assessment in accordance with regulations under section 108 it must—
a
publish the assessment, and
b
take the assessment into account when exercising those functions in connection with which the assessment was carried out.
2
When taking the assessment into account, the public body must act in accordance with the sustainable development principle.
3
For the purpose of subsection (2), the reference to acting in accordance with the sustainable development principle is to be construed in accordance with section 5 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2).
4
Regulations may make provision about publishing assessments, including (among other things) about when assessments are to be published.
110Meaning of “public body”
1
For the purposes of sections 108 and 109, each of the following persons is a “public body”—
a
the Welsh Ministers;
b
a local authority;
c
a Local Health Board;
d
the following National Health Service Trusts—
i
Public Health Wales;
ii
Velindre;
e
a National Park authority for a National Park in Wales;
f
a Welsh fire and rescue authority;
g
the Natural Resources Body for Wales;
h
the Higher Education Funding Council for Wales;
i
the Arts Council of Wales;
j
the Sports Council for Wales;
k
the National Library of Wales;
l
the National Museum of Wales.
2
Regulations may amend subsection (1) by—
a
adding a person,
b
removing a person, or
c
amending a reference to a person.
3
But the regulations may not amend subsection (1) by adding a person unless that person exercises functions of a public nature.
4
If the regulations amend subsection (1) so as to add a person who has functions of a public nature and other functions, sections 108 and 109 apply to that person only in relation to those of its functions which are of a public nature.
5
In this section—
“Local Health Board” (“Bwrdd Iechyd Lleol”) means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 (c.42);
“Welsh fire and rescue authority” (“awdurdod tân ac achub yng Nghymru”) means an authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c.21) or a scheme to which section 4 of that Act applies.