National Health Service Act 1977

[F1 Advisory committees for Wales] andCommunity Health Councils E+W+S

Textual Amendments

F1 Words in the cross-heading substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 10(e) (with Sch. 2 paras. 6, 16)

19 [F2 Advisory committees for Wales]. E+W+S

(1) Where the Secretary of State is satisfied that a committee formed for Wales, F3 . . . is representative of persons of any of the following categories—

(a) the medical practitioners, or

(b) the dental practitioners, or

(c) the nurses and midwives, or

(d) the registered pharmacists, or

(e) the ophthalmic and dispensing opticians,

of Wales F4 . . ., then it shall be his duty to recognise the committee.

(2) A committee recognised in pursuance of subsection (1) above shall be called—

(a) the Welsh Medical, Dental, Nursing and Midwifery, Pharmaceutical or Optical Committee, as the case may be;

F5 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The Secretary of State’s duty under [F7 subsection (1)] above is subject to paragraph 1 of Schedule 6 to this Act, and that Schedule has effect in relation to a committee recognised in pursuance of this section.

Textual Amendments

F2 Words in the sidenote to s. 19 substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 10 para. 10(e) (with Sch. 2 paras. 6, 16)

F3 Words in s. 19(1) repealed (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1)(2), 8(1), Sch. 1 para. 10(a)(i), Sch. 3 (with Sch. 2 paras. 6, 16)

F4 Words in s. 19(1) repealed (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1)(2), 8(1), Sch. 1 para. 10(a)(ii), Sch. 3 (with Sch. 2 paras. 6, 16)

F5 S. 19(2)(b) repealed (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1)(2), 8(1), Sch. 1 para. 10(b), Sch. 3 (with Sch. 2 paras. 6, 16)

F6 S. 19(3) repealed (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1)(2), 8(1), Sch. 1 para. 10(c), Sch. 3 (with Sch. 2 paras. 6, 16)

F7 Words in s. 19(4) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 para. 10(d) (with Sch. 2 paras. 6, 16)

[F8 19A Independent advocacy services E+W+S

(1) It is the duty of the Secretary of State to arrange, to such extent as he considers necessary to meet all reasonable requirements, for the provision of independent advocacy services.

(2) “Independent advocacy services” are services providing assistance (by way of representation or otherwise) to individuals making or intending to make—

(a) a complaint under a procedure operated by a health service body or independent provider,

(b) a complaint to the Health Service Commissioner for England or the Health Service Commissioner for Wales,

(c) a complaint of a prescribed description which relates to the provision of services as part of the health service and—

(i) is made under a procedure of a prescribed description, or

(ii) gives rise, or may give rise, to proceedings of a prescribed description.

(3) In subsection (2)—

• “health service body” means a body which, under section 2(1) or (2) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England or the Health Service Commissioner for Wales;

• “independent provider” means a person who, under section 2B(1) or (2) of that Act, is subject to such investigation.

(4) The Secretary of State may make such other arrangements as he thinks fit for the provision of assistance to individuals in connection with complaints relating to the provision of services as part of the health service.

(5) In making arrangements under this section the Secretary of State must have regard to the principle that the provision of services under the arrangements should, so far as practicable, be independent of any person who is the subject of a relevant complaint or is involved in investigating or adjudicating on such a complaint.

(6) The Secretary of State may make payments to any person in pursuance of arrangements under this section.]

[F9 (7) The Secretary of State may direct a Patients' Forum established for a Primary Care Trust to exercise any of his functions under this section so far as they relate to independent advocacy services provided to persons in the area of the Primary Care Trust or persons to whom services have been provided by, or under arrangements with, the Trust; and if he does so—

(a) the functions of that Patients' Forum are to be taken to include those functions, but

(b) the Patients' Forum may not make any arrangements with itself under this section.]

Textual Amendments

F8 S. 19A inserted (1.9.2003 for E.) by Health and Social Care Act 2001 (c. 15), ss. 12, 70(2) (with ss. 64(9), 65(4)); S.I. 2003/2245, art. 2(a)

F9 S. 19A(7) inserted by 2001 c. 15 s. 12 (as inserted) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 16(5), 42(3); S.I. 2003/2246, art. 2(a))

F10 20 Community Health Councils. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 S. 20 repealed (20.10.2003 for W. and 1.12.2003 for E.) by Health (Wales) Act 2003 (c. 4), ss. 1(4), 10(2), Sch. 4; S.I. 2003/2660, art. 2(1)(i)(iii)(2); W.S.I. 2003/3064, art. 2(1)(i)(2)

Modifications etc. (not altering text)

C1 S. 20 modified (1.12.1998) by 1998 c. 38, s. 27(7)(b) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2789, art. 2

[F11 20A Community Health Councils in Wales E+W+S

(1) The Community Health Councils established for areas or parts of areas of Health Authorities in Wales are to continue in existence.

(2) But the National Assembly for Wales may by order—

(a) provide for the Councils to be known by a different name;

(b) abolish a Council, alter the district in Wales for which a Council is established, or provide for the establishment of a new Council for a district in Wales.

(3) In making an order the Assembly must ensure—

(a) that every part of Wales is included in the district of a Council;

(b) that no part of a district is separated from the rest of it by a territory not included in the district.

(4) Schedule 7A to this Act makes further provision about Councils continued in existence or established under this section.]

Textual Amendments

F11 S. 20A inserted (20.10.2003 for W.) by Health (Wales) Act 2003 (c. 4), ss. 1(1), 10(2); S.I. 2003/2660, art. 2(1)(i)(2)