Commissioner for Older People (Wales) Act 2006 (c. 30)

General E+W+N.I.

27 Other interpretative provisions E+W

(1) In this Act—

• “the Assembly” means the National Assembly for Wales;

• F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the Commissioner” has the meaning given by section 1;

• “enactment” includes an enactment contained in an Act passed in the Session in which this Act is passed or in a later Session;

• “family health service provider in Wales” means—

  (a)

  a person who provides services under a contract entered into by that person with a Local Health Board under [F2 section 42 or 57 of the National Health Service (Wales) Act 2006]F2 (c. 49);

  (b)

  a person who has undertaken to provide in Wales [F3 general ophthalmic services [F4 , or both general ophthalmic services and other ophthalmic services in accordance with arrangements made with a Local Health Board,] under F5 ... that Act, or pharmaceutical services under Chapter 1 of Part 7]F3 of that Act;

  (c)

  an individual who provides in Wales [F6 primary medical services or primary dental services in accordance with arrangements made under section 50 or 64 of that Act]F6 (except as an employee of, or otherwise on behalf of, a Welsh health service body or an independent provider in Wales);

  (d)

  F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “family health services” means services provided in Wales which are mentioned in any of paragraphs (a) to (d) of the definition of “family health service provider in Wales”;

• “further education” has the meaning given in section 2(3) to (5) of the Education Act 1996 (c. 56);

• “further education corporation” has the meaning given in section 17(1) of the Further and Higher Education Act 1992 (c. 13);

• “higher education corporation” has the meaning given in section 90(1) of the Further and Higher Education Act 1992;

• “independent provider in Wales” means a person who—

  (a)

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

  (b)

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

• “independently provided services” means services provided in Wales which are mentioned in paragraph (a) of the definition of “independent provider in Wales”;

• “maintained school” has the meaning given in section 20(7) of the School Standards and Framework Act 1998 (c. 31);

• “NHS trust” has the same meaning as in the [F8 National Health Service (Wales) Act 2006]F8 (c. 49);

• “prescribed” means prescribed in regulations;

• “regulations” means regulations made by the [F9 Welsh Ministers]F9 ;

• “Welsh health service body” means—

  (a)

  the [F10 Welsh Ministers]F10 , to the extent that [F11 they discharge]F11 functions in relation to the National Health Service;

  (b)

  a Local Health Board;

  (c)

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

  (d)

  a Special Health Authority discharging functions in relation to Wales.

(2) The [F12 Welsh Ministers]F12 may by order amend the definitions of “family health service provider in Wales” and “independent provider in Wales”.

(3) Before making an order under subsection (2), the [F13 Welsh Ministers]F13 must consult such persons as [F14 they think]F14 appropriate.

(4) 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.

Textual Amendments

F1 S. 27(1): definition of "Assembly Cabinet" omitted (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)) by virtue of The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 139(2)(a)

F2 S. 27(1): in the definition of "family health service provider in Wales" for the words "section 28K or 28Q of the National Health Service Act 1977" there are substituted the words "section 42 or 57 of the National Health Service (Wales) Act 2006" (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 306(a)(i) (with Sch. 3 Pt. 1)

F3 S. 27(1): words in definition of "family health service provider in Wales" substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 306(a)(ii) (with Sch. 3 Pt. 1)

F4 Words in s. 27(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. 2(2)(a)

F5 Words in s. 27(1) omitted (20.10.2023) by virtue of The National Health Service (Ophthalmic Services) (Wales) Regulations 2023 (S.I. 2023/1053), reg. 1(2), Sch. 5 para. 2(2)(b)

F6 S. 27(1): words in definition of "family health service provider in Wales" substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 306(a)(iii) (with Sch. 3 Pt. 1)

F7 S. 27(1): para. (d) in definition of "family health service provider in Wales" omitted (1.3.2007) by virtue of National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 306(a)(iv) (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

F8 S. 27(1): in the definition of "NHS trust" for the words "National Health Service Act 1977" there are substituted the words "National Health Service (Wales) Act 2006" (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 306(b) (with Sch. 3 Pt. 1)

F9 S. 27(1): words in definition of "regulations" substituted (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 139(2)(b)

F10 S. 27(1): words in definition of "Welsh health service body" substituted (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 139(2)(c)

F11 S. 27(1): words in definition of "Welsh health service body" substituted (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 139(2)(c)

F12 Words in s. 27(2) substituted (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 139(3)

F13 Words in s. 27(3) substituted (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 139(4)(a)

F14 Words in s. 27(3) substituted (the amendment coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32)) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(2)(3), 3, Sch. 1 para. 139(4)(b)