PART 7 E+WMISCELLANEOUS AND GENERAL

General E+W

78 Interpretation E+W

(1) In this Act—

• “act” (“gweithredu”) and “action” (“camau gweithredu”) include a failure to act (and related expressions must be construed accordingly);

• “annual report” (“adroddiad blynyddol”) has the meaning given in paragraph 15 of Schedule 1;

• “the Assembly” (“y Cynulliad”) means the National Assembly for Wales;

• “care home” (“cartref gofal”) has the meaning given by section 62(2);

• “care home provider” (“darparwr gofal cartref”)has the meaning given by section 62(3);

• “co-opted member” (“aelod cyfetholedig”), in relation to an authority, means a person who is not a member of the authority but who—

  (a)

  is a member of a committee or sub-committee of the authority, or

  (b)

  is a member of, and represents the authority on, a joint committee on which the authority is represented or a sub-committee of such a committee,

  and who is entitled to vote on any question which falls to be decided at a meeting of the committee or sub-committee;

• “domiciliary care” (“gofal cartref”) has the meaning given by section 63(2);

• “domiciliary care provider” (“darparwr gofal cartref”) has the meaning given by section 63(3);

• “enactment” (“deddfiad”) means an enactment (whenever enacted or made) which is, or contained in—

  (a)

  an Act or a Measure of the Assembly,

  (b)

  an Act of Parliament, or

  (c)

  subordinate legislation (within the meaning of section 21(1) of the Interpretation Act 1978 (c.30)) made under—

  (i)

  an Act or a Measure of the Assembly, or

  (ii)

  an Act of Parliament.

• “extraordinary report” (“adroddiad eithriadol”) has the meaning given in paragraph 15 of Schedule 1;

• “family health service provider in Wales” (“darparwr gwasanaeth iechyd teulu yng Nghymru”) means—

  (a)

  a person who, at the time of action which is the subject of investigation under Part 3 of this Act, provided services under a contract entered into by that person with a Local Health Board under section 42 or section 57 of the National Health Service (Wales) Act 2006 (c.42);

  (b)

  a person who, at that time, had undertaken to provide in Wales general ophthalmic services [F1 , or both general ophthalmic services and other ophthalmic services in accordance with arrangements made with a Local Health Board,] or pharmaceutical services under that Act;

  (c)

  an individual who, at that time, provided in Wales primary medical services or primary dental services in accordance with arrangements made under section 50 or 64 of that Act (except as an employee of, or otherwise on behalf of, a Welsh health service body or an independent provider in Wales);

• “family health services” (“gwasanaethau iechyd teulu”) means services mentioned in any of paragraphs (a) to (c) of the definition of “family health service provider in Wales”;

• “financial year” (“blwyddyn ariannol”) means the 12 months ending on 31 March;

• “in writing” (“yn ysgrifenedig”) includes in electronic form;

• “independent palliative care provider” (“darparwr gofal lliniarol annibynnol”) has the meaning given by section 64(3);

• “independent provider in Wales” (“darparwr annibynnol yng Nghymru”) means a person who, at the time of action which is the subject of an investigation under Part 3 of this Act⁠—

  (a)

  provided services of any kind in Wales under arrangements with a Welsh health service body or a family health service provider in Wales, and

  (b)

  was not a Welsh health service body or a family health service provider in Wales;

• “investigation” (“ymchwiliad”)—

  (a)

  in relation to the Ombudsman, means an investigation under section 3, 4, 43 or 44 (and cognate expressions must be construed accordingly);

  (b)

  in relation to other persons, includes an examination, inquiry or review (and cognate expressions must be construed accordingly);

• “listed authority” (“awdurdod rhestredig”) has the meaning given in section 31;

• “local authority in Wales” (“awdurdod lleol yng Nghymru”) means a county council, county borough council or community council in Wales;

• “Local Commissioner” (“Comisiynydd Lleol”) has the meaning given in section⁠ 23(3) of the Local Government Act 1974 (c.7);

• “NHS trust” (“Ymddiriedolaeth y GIG”) has the same meaning as in the National Health Service (Wales) Act 2006 (c.42);

• “the Ombudsman” (“yr Ombwdsmon”) has the meaning given in section 2;

• “palliative care service” (“gwasanaeth gofal lliniarol”) has the meaning given by section 64(2);

• “the person aggrieved” (“y person a dramgwyddwyd”) in Part 3 has the meaning given in section 7(1)(a) and in Part 5 has the meaning given in section 47(1)(a);

• “publicly-funded dwelling” (“annedd a ariennir yn gyhoeddus”) means—

  (a)

  a dwelling which was provided by means of a grant under—

  (i)

  section 18 of the Housing Act 1996 (c.52) (social housing grant), or

  (ii)

  section 50 of the Housing Act 1988 (c.50), section 41 of the Housing Associations Act 1985 (c.69), or section 29 or 29A of the Housing Act 1974 (c.44) (housing association grant);

  (b)

  a dwelling which was acquired on a disposal by a public sector landlord (within the meaning of Part 1 of the Housing Act 1996 (c.52));

• “relevant tribunal” (“tribiwnlys perthnasol”) means a tribunal (including a tribunal consisting of only one person) specified by regulations made by the Welsh Ministers;

• “social landlord in Wales” (“landlord cymdeithasol yng Nghymru”) means—

  (a)

  a body which was at the time of action which is the subject of a complaint under this Act registered as a social landlord in the register maintained by the Welsh Ministers under section 1 of the Housing Act 1996 (c.52) (or in the register previously maintained under that section by the Assembly constituted by the Government of Wales Act 1998 (c.38), the Secretary of State or Housing for Wales);

  (b)

  any other body which at the time of action which is the subject of a complaint under this Act was registered with Housing for Wales, the Secretary of State, the Assembly constituted by the Government of Wales Act 1998 (c.38) or the Welsh Ministers and owned or managed publicly-funded dwellings;

• “special report” (“adroddiad arbennig”) in Part 3 has the meaning given in section 28 and in Part 5 has the meaning given in section 60;

• “Wales” (“Cymru”) has the meaning given in section 158(1) of the Government of Wales Act 2006 (c.32);

• “Welsh health service body” (“corff gwasanaeth iechyd yng Nghymru”) means—

  (a)

  the Welsh Ministers;

  (b)

  a Local Health Board;

  (c)

  an NHS trust managing a hospital or other establishment or facility in Wales;

  (d)

  a Special Health Authority not discharging functions only or mainly in England.

(2) For the purposes of the definition of “independent provider in Wales”, arrangements with the Welsh Ministers are arrangements with a Welsh health service body only to the extent that they are made in the discharge of a function of the Welsh Ministers relating to the National Health Service.

(3) The Welsh Ministers may by regulations amend the definitions of “family health service provider in Wales”, “independent provider in Wales” and “social landlord in Wales”.

(4) Before making regulations under subsection (1) or (3), the Welsh Ministers must consult such persons as they think appropriate.

(5) No regulations are to be made under subsection (1) or (3) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the Assembly.

(6) Section 13 of the National Audit Act 1983 (c.44) (interpretation of references to the Committee of Public Accounts) applies for the purposes of this Act as it applies for the purposes of that Act.

(7) For the purposes of this Act, references to action taken by a listed authority include action taken by—

(a) a member, co-opted member, committee or sub-committee of the authority acting in the discharge of functions of the authority;

(b) an officer or member of staff of the authority, whether acting in the discharge of their own functions or the functions of the authority;

(c) any other person acting on behalf of the authority.

Textual Amendments

F1 Words in s. 78(1) inserted (20.10.2023) by The National Health Service (Ophthalmic Services) (Wales) Regulations 2023 (S.I. 2023/1053), reg. 1(2), Sch. 5 para. 3