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

PART 5 Miscellaneous and General

Constitution of NHS trusts

24 Vice-chairs of boards of directors of NHS trusts

(1) Part 1 of Schedule 3 to the 2006 Act (constitution, establishment etc. of NHS trusts) is amended as follows.

(2) In paragraph 3 (board of directors)—

(a) after sub-paragraph (1)(a) insert—

“(aa) if the Welsh Ministers consider it appropriate, a vice-chair appointed by them, and”, and

(b) omit “and” at the end of sub-paragraph (1)(a).

(3) In paragraph 4 (regulations relating to the appointment etc. of the board of directors), in sub-paragraph (1)(a), after “chairman” insert “, the vice-chair”.

(4) In paragraph 11 (pay and allowances of chairman and non-executive directors)—

(a) in sub-paragraph (1)(a), after “chairman” insert “, the vice-chair (if any)”, and

(b) in sub-paragraph (1)(b), after “chairman” insert “, the vice-chair (if any)”.

General

25 Regulations

(1) A power to make regulations under this Act is to be exercised by statutory instrument.

(2) A power to make regulations under this Act includes power to make different provision for different purposes.

(3) A statutory instrument containing regulations under section 28 that amends or repeals any enactment contained in primary legislation may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales.

(4) A statutory instrument containing regulations made under any other provision of this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(5) In subsection (3), “primary legislation” means—

(a) an Act or Measure of the National Assembly for Wales;

(b) an Act of Parliament.

26 Interpretation

In this Act—

• “the 2006 Act” (“Deddf 2006”) means the National Health Service (Wales) Act 2006 (c. 42);

• “Local Health Board” (“Bwrdd Iechyd Lleol”) means a body established under section 11 of the 2006 Act;

• “NHS trust” (“ymddiriedolaeth GIG”) means a body established under section 18 of the 2006 Act;

• “regulations” (“rheoliadau”) means regulations made by the Welsh Ministers.

27 Minor and consequential amendments

Schedule 3 contains minor and consequential amendments.

28 Power to make transitional etc. provision

(1) Regulations may, if the Welsh Ministers consider it necessary or appropriate for the purposes of this Act, make—

(a) supplementary, incidental or consequential provision;

(b) transitory, transitional or saving provision.

(2) Regulations under this section may amend, repeal or revoke any enactment.

(3) “Enactment” means a provision contained in any of the following, whenever enacted or made—

(a) an Act or Measure of the National Assembly for Wales;

(b) an Act of Parliament;

(c) subordinate legislation made under an Act or Measure referred to in paragraph (a) or (b).

29 Coming into force

(1) This section and section 30 come into force on the day after the day this Act receives Royal Assent.

(2) The other provisions of this Act come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument.

(3) An order under subsection (2) may—

(a) make different provision for different purposes;

(b) make transitional, transitory or saving provision.

30 Short title

The short title of this Act is the Health and Social Care (Quality and Engagement) (Wales) Act 2020.