National Health Service (Wales) Act 2006

38 Supply of goods and services by the Welsh Ministers E+W

(1) The Welsh Ministers may supply to—

(a) local authorities, and

(b) such public bodies or classes of public bodies as the Welsh Ministers may determine,

any goods or materials of a kind used in the health service.

(2) In subsection (1) “public bodies” includes public bodies in Northern Ireland.

(3) The Welsh Ministers may make available to persons falling within subsection (1)—

(a) any facilities provided by them F1 ... for any service under this Act, and

(b) the services of persons employed by the Welsh Ministers or by a Local Health BoardF2 ... or a Special Health Authority.

(4) The Welsh Ministers may carry out maintenance work (including minor renewals, minor improvements and minor extensions) in connection with any land or building for the maintenance of which a local authority is responsible.

(5) The Welsh Ministers may supply or make available to persons—

(a) providing general ophthalmic services or pharmaceutical services,

(b) providing services under a general medical services contract or a general dental services contract, or

(c) providing services in accordance with section 50 arrangements or section 64 arrangements,

such goods, materials or other facilities as may be prescribed.

(6) The Welsh Ministers must make available to local authorities—

(a) any services (other than the services of any person) or other facilities provided under this Act,

(b) the services provided as part of the health service by any person employed by the Welsh MinistersF3 ..., a Special Health Authority or a Local Health Board, and

(c) the services of any medical practitioner, dental practitioner or nurse employed by the Welsh MinistersF3 ..., a Special Health Authority or a Local Health Board otherwise than to provide services which are part of the health service,

so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health.

(7) The Welsh Ministers may arrange to make available to local authorities the services of persons—

(a) providing general ophthalmic services or pharmaceutical services,

(b) performing services under a general medical services contract or a general dental services contract,

(c) providing services in accordance with section 50 arrangements or section 64 arrangements,

(d) providing Local Health BoardsF4 ... or Special Health Authorities with services of a kind provided as part of the health service,

so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health.

Textual Amendments

F1 Words in s. 38(3)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 21 para. 24(2)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F2 Words in s. 38(3)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 21 para. 24(2)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F3 Words in s. 38(6) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 21 para. 24(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F4 Words in s. 38(7)(d) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 21 para. 24(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Modifications etc. (not altering text)

C1 S. 38 modified (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 4, 8(2), Sch. 2 para. 10 (with Sch. 3 Pt. 1)

C2 S. 38(1)-(4)(5)(6)(7): Functions made exercisable by Local Health Boards (1.10.2009) by The Local Health Boards (Directed Functions) (Wales) Regulations 2009 (S.I. 2009/1511), reg. 4, Sch.