National Health Service (Wales) Act 2006

106 Further provision about regulations under section 105 E+W

(1) Regulations under section 105 may require a person (“A”) included in—

(a) an ophthalmic list,

(b) a pharmaceutical list, or

(c) a list under section 86(3) (provision of drugs, medicines or listed appliances),

not to employ or engage a person (“B”) to assist him in the provision of the service to which the list relates unless B is included in a list mentioned in subsection (2).

(2) The lists are—

(a) a list referred to in subsection (1),

(b) a supplementary list,

(c) a list under section 49 or 63,

(d) a list corresponding to a list under section 49 or section 63 and prepared by a Local Health Board by virtue of regulations made under section 103,

F1 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2 (f) a list corresponding to a list mentioned in any of paragraphs (a) to (d) prepared by [F3 NHS England] under or by virtue of the National Health Service Act 2006,]

or, in any of the cases in paragraphs (a) to (e), such a list of a prescribed description.

(3) If regulations do so require, they—

(a) need not require both A and B to be included in lists prepared by the same Local Health Board, but

(b) may, in particular, require that both A and B be included in lists prepared by Local Health Boards.

Textual Amendments

F1 S. 106(2)(e) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 21 para. 30(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F2 S. 106(2)(f) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 21 para. 30(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F3 Words in s. 106 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)