National Health Service (Wales) Act 2006

Chapter 3 E+W Special Health Authorities

22 Special Health Authorities E+W

(1) The Welsh Ministers may by order establish special bodies for the purpose of exercising any functions which may be conferred on them by or under this Act.

(2) The Welsh Ministers may make such further provision relating to a body established under subsection (1) as they consider appropriate.

(3) A body established under this section is called a Special Health Authority.

(4) An order may, in particular, contain provisions as to—

(a) the membership of the body established by the order,

(b) the transfer to the body of officers, property and liabilities, and

(c) the name of the body.

(5) The liabilities which may be transferred by virtue of this section, section 203(10) and section 204(1) to an NHS body on the abolition of a Special Health Authority include criminal liabilities.

F1 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The Welsh Ministers must, before they make an order under this section, consult with respect to the order such bodies as they may recognise as representing officers who in the opinion of the Welsh Ministers are likely to be transferred or affected by transfers in pursuance of the order.

(8) Schedule 5 makes further provision about Special Health Authorities.

Textual Amendments

F1 S. 22(6) omitted (1.2.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 21 para. 18; S.I. 2012/2657, art. 2(4)

23 Welsh Ministers' directions to Special Health Authorities E+W

(1) The Welsh Ministers may give directions to a Special Health Authority about its exercise of any functions.

(2) The Welsh Ministers may not give directions under this section in respect of matters concerning xenotransplantation, surrogacy agreements, embryology or human genetics.

(3) Nothing in provision made by or under this or any other Act affects the generality of subsection (1).

24 Exercise of health service functions by Special Health Authorities E+W

(1) The Welsh Ministers may direct a Special Health Authority to exercise any of the functions of the Welsh Ministers relating to the health service which are specified in the directions.

(2) Subsection (1) does not apply to the functions of the Welsh Ministers in relation to pilot schemes.

(3) The functions which may be specified in directions include functions under enactments relating to mental health and care homes.

[F2 24A Duty of Special Health Authorities to secure quality in health services E+W

(1) Each Special Health Authority must exercise its functions with a view to securing improvement in the quality of health services.

(2) For the purposes of this section—

• “health services” means any services provided or secured in accordance with this Act;

• “quality” includes, but is not limited to, quality in terms of—

  (a)

  the effectiveness of health services,

  (b)

  the safety of health services, and

  (c)

  the experience of individuals to whom health services are provided.

(3) Each Special Health Authority must publish an annual report on the steps it has taken to comply with the duty in subsection (1).

(4) The report must include an assessment of the extent of any improvement in outcomes achieved by virtue of those steps.

(5) The Welsh Ministers must issue guidance to Special Health Authorities in relation to the requirements imposed by subsections (1) and (3).

(6) The guidance must, in particular, include guidance about—

(a) the evidence to be used in support of an assessment required by this section, and

(b) the conduct of such an assessment.

(7) Each Special Health Authority must have regard to guidance issued under subsection (5).

(8) This section does not apply in relation to a cross-border Special Health Authority (within the meaning of section 8A(5)).]

Textual Amendments

F2 S. 24A inserted (1.4.2023) by Health and Social Care (Quality and Engagement) (Wales) Act 2020 (asc 1), ss. 2(5), 29(2); S.I. 2023/370, art. 3(1)(b)

25 Exercise of Special Health Authority functions E+W

(1) Regulations may provide for any functions which are exercisable by a Special Health Authority under section 24 to be exercised—

(a) by another Special Health Authority, or

(b) jointly with one or more other Special Health Authorities.

(2) Regulations may provide—

(a) for any functions which are exercisable by a Special Health Authority under section 24 or this section to be exercised on behalf of that Special Health Authority by a committee, sub-committee or officer of the Special Health Authority,

(b) for any functions exercisable jointly under subsection (1)(b) to be exercised, on behalf of the Special Health Authorities in question, by a joint committee or joint sub-committee.