Health and Social Care (Quality and Engagement) (Wales) Act 2020

1Overview of this Act

PART 2Improvement in Health Services

2Quality in the provision of health services

PART 3Duty of Candour

Application of the duty

3When the duty of candour applies

Procedural and other requirements

4Duty of candour procedure

5Primary care providers: duty to prepare report

6Supply and summary of report under section 5

7Local Health Board, NHS trust and Special Health Authority: reporting requirements

8Publication of section 6 summary and section 7 report

9Confidentiality

10Guidance given by the Welsh Ministers

11Interpretation of “health care” and other terms

PART 4The Citizen Voice Body for Health and Social Care

Establishment and general objective etc. of Citizen Voice Body

12Establishment of Citizen Voice Body

13General objective

14Public awareness and statement of policy

Making representations

15Representations to public bodies

16Advocacy services etc. in respect of complaints about services

Duties imposed on certain public bodies in respect of Citizen Voice Body

17Duty to promote awareness of activities of Citizen Voice Body

18Duty to supply information to Citizen Voice Body

Access to premises by Citizen Voice Body: duty to have regard to code of practice

19Code of practice on access to premises

Co-operation in the exercise of functions

20Co-operation between the Body, local authorities and NHS bodies

Interpretation of this Part

21Meaning of “health services” and “social services”

22Meaning of other terms

Abolition of Community Health Councils etc.

23Abolition of Community Health Councils, and connected matters

PART 5Miscellaneous and General

Constitution of NHS trusts

24Vice-chairs of boards of directors of NHS trusts

26Interpretation

27Minor and consequential amendments

28Power to make transitional etc. provision

29Coming into force

SCHEDULE 1Citizen Voice Body for Health and Social Care, Wales

1(1) The Citizen Voice Body is not to be regarded...

2(1) The Citizen Voice Body's members are—

Disqualification from appointment as non-executive member

3A person is disqualified from being appointed as a non-executive...

Terms of non-executive membership

4(1) A non-executive member of the Citizen Voice Body holds...

Removal of non-executive members from office

5(1) The Welsh Ministers may by written notice to a...

Appointment of the associate member

6(1) Sub-paragraph (2) applies where— (a) one or more trade...

Terms of associate membership etc.

7(1) An associate member of the Citizen Voice Body is...

Removal of associate member from office

8(1) The non-executive members may by written notice to the...

Chief executive

9(1) The non-executive members of the Citizen Voice Body must...

10(1) The Citizen Voice Body may appoint other members of...

PART 4Ancillary Functions etc.

11(1) The Citizen Voice Body may establish committees and sub-committees....

12(1) The Citizen Voice Body may arrange for any of...

Supplementary powers

13(1) The Citizen Voice Body may do anything which is...

PART 5Procedure etc.

14(1) The Citizen Voice Body must make rules to regulate...

Validity of proceedings and acts

15The validity of proceedings and acts of the Citizen Voice...

16(1) The Citizen Voice Body may have a seal.

17A document purporting to be duly executed under the seal...

PART 6Financial Matters

18The Welsh Ministers may make payments to the Citizen Voice...

Accounting officer

19(1) The Citizen Voice Body's chief executive is its accounting...

20(1) The Citizen Voice Body must for each financial year—...

21(1) This paragraph applies in relation to each statement of...

PART 7Reporting Requirements etc.

22(1) Before the start of each financial year the Citizen...

23(1) As soon as is practicable after the end of...

Provision of information to Welsh Ministers

24The Citizen Voice Body must provide the Welsh Ministers with...

PART 8Interpretation

General interpretation

25In this Schedule— “financial year” means the period of 12...

SCHEDULE 2Transfers of Property, Rights and Liabilities

Transfer schemes

1(1) The Welsh Ministers may, in connection with the abolition...

SCHEDULE 3Minor and Consequential Amendments

PART 1Amendments and repeals relating to Part 2

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

1Part 2 of the Health and Social Care (Community Health...

2Section 45(1) is repealed.

3In section 47 (power to prepare and publish standards in...

4In section 70 (reviews and investigations relating to Wales), in...

PART 2Amendments and repeals relating to Part 4

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

5In Schedule 1 to the Public Bodies (Admission to Meetings)...

Mental Health Act 1983 (c. 20)

6In section 134 of the Mental Health Act 1983 (correspondence...

Community Health Councils (Access to Information) Act 1988 (c. 24)

7The Community Health Councils (Access to Information) Act 1988 is...

Freedom of Information Act 2000 (c. 36)

8In Schedule 1 to the Freedom of Information Act 2000...

Government of Wales Act 2006 (c. 32)

9In section 148 of the Government of Wales Act 2006...

Equality Act 2010 (c. 15)

10In Schedule 19 to the Equality Act 2010 (public authorities),...

Welsh Language (Wales) Measure 2011 (nawm 1)

11In Schedule 6 to the Welsh Language (Wales) Measure 2011...

Well-being of Future Generations (Wales) Act 2015 (anaw 2)

12In section 32 of the Well-being of Future Generations (Wales)...

Counter-Terrorism and Security Act 2015 (c. 6)

13In Schedule 6 to the Counter-Terrorism and Security Act 2015...

Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)

14In section 177 of the Regulation and Inspection of Social...

Digital Economy Act 2017 (c. 30)

15In Schedule 4 to the Digital Economy Act 2017 (specified...

The Welsh Language Standards (No. 7) Regulations 2018 (S.I. 2018/441)

16(1) The Welsh Language Standards (No. 7) Regulations 2018 are...

Public Services Ombudsman (Wales) Act 2019 (anaw 3)

17(1) The Public Services Ombudsman (Wales) Act 2019 is amended...

PART 3Amendment of 2006 Act: Independent Advocacy Services

National Health Service (Wales) Act 2006 (c. 42)

18In section 187 of the 2006 Act (duty of Welsh...

Health and Social Care (Quality and Engagement) (Wales) Act 2020

2020 asc 1

An Act of the National Assembly for Wales to make provision for a duty to secure improvement in the quality of health services provided under or by virtue of the National Health Service (Wales) Act 2006; for a duty of candour in respect of health services provided by or for NHS bodies; for the Citizen Voice Body for Health and Social Care, Wales; about the constitution of NHS trusts; and for connected purposes.

[1 June 2020]

Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: