Part 2E+WHealth service bodies

Chapter 1E+WLocal Health Boards

11Local Health BoardsE+W

(1)The Welsh Ministers may establish bodies to be known as Local Health Boards.

(2)Each Local Health Board is established by order made by the Welsh Ministers (referred to in this Act as an LHB order), and an order may establish more than one Local Health Board.

(3)A Local Health Board is established for the area of Wales specified in its LHB order.

(4)If any consultation requirements apply, they must be complied with before an LHB order is varied or revoked.

(5)“Consultation requirements” means requirements about consultation contained in regulations.

(6)Schedule 2 makes further provision about Local Health Boards.

12Functions of Local Health BoardsE+W

(1)The Welsh Ministers may direct a Local Health Board to exercise in relation to its area—

(a)functions which were transferred to the National Assembly for Wales by the Health Authorities (Transfer of Functions, Staff, Property, Rights and Liabilities and Abolition) (Wales) Order 2003 (S.I. 2003/813 (W.98)),

(b)such other of their functions relating to the health service as are specified in the direction.

(2)The functions which may be specified in directions under subsection (1) include functions under enactments relating to mental health and care homes.

(3)The Welsh Ministers may give directions to a Local Health Board about its exercise of any functions.

[F112ALocal Health Boards' duty to secure quality in health servicesE+W

(1)Each Local Health Board 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 Local Health Board 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 Local Health Boards 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 Local Health Board must have regard to guidance issued under subsection (5).]

Textual Amendments

13Exercise of Local Health Board functionsE+W

(1)This section applies to functions exercisable by a Local Health Board under or by virtue of this Act (including this section) or any prescribed provision of any other Act.

(2)The Welsh Ministers may give directions providing for any functions to which this section applies to be exercised—

(a)by another Local Health Board,

(b)by a Special Health Authority, or

(c)jointly with any one or more of the bodies mentioned in subsection (3).

(3)The bodies are—

[F2(aa)[F3NHS England],

[F4(ab)integrated care boards,]]

F5(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)NHS trusts, and

(c)other Local Health Boards.

(4)Directions given by the Welsh Ministers may provide—

(a)for any functions to which this section applies to be exercised, on behalf of the Local Health Board by whom they are exercisable, by a committee, sub-committee or officer of the Local Health Board,

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

(c)for any functions which, under this section, are exercisable by a Local Health Board jointly with one or more other Local Health Boards (but not with any NHS trusts) to be exercised, on behalf of the Local Health Boards in question, by a joint committee or joint sub-committee.

(5)Subsection (6) applies where, by virtue of subsection (2)(b), a Special Health Authority exercises functions of a Local Health Board in relation to a general dental services contract.

(6)The Welsh Ministers may by order make provision for the transfer to the Special Health Authority of the rights and liabilities of the Local Health Board under the contract (and for their transfer back to the Local Health Board where the Special Health Authority ceases to exercise the functions).

Textual Amendments

14Section 50 arrangements and section 64 arrangementsE+W

(1)Each Local Health Board must, in accordance with regulations, perform such functions in relation to section 50 arrangements (primary medical services) and section 64 arrangements (primary dental services) as may be prescribed.

(2)The regulations may, in particular—

(a)prescribe functions in relation to training,

(b)provide for appeals to the Welsh Ministers or a prescribed body in relation to prescribed functions.

Modifications etc. (not altering text)

C1S. 14(1): 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.

15Administration and management of servicesE+W

Each Local Health Board must, in accordance with regulations—

(a)administer the arrangements made in pursuance of this Act for the provision for its area of primary medical services, primary dental services, general ophthalmic services and pharmaceutical services, and

(b)perform such management and other functions relating to those services as may be prescribed.

Modifications etc. (not altering text)

C2S. 15: 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.

16Advice for Local Health BoardsE+W

Each Local Health Board must make arrangements with a view to securing that it receives advice appropriate for enabling it effectively to exercise the functions exercisable by it from persons with professional expertise relating to the physical or mental health of individuals.

17Plans for improving health etcE+W

(1)Each Local Health Board must, at such times as the Welsh Ministers may direct, prepare a plan which sets out a strategy for improving—

(a)the health of the people for whom it is responsible, and

(b)the provision of health care to such people.

(2)Each Local Health Board must keep under review any plan prepared by it under this section.

(3)Each of the bodies specified in subsection (4) must participate in the preparation or review by a Local Health Board of any plan under this section.

(4)Those bodies are—

(a)any local authority whose area falls wholly or partly within the area of the Local Health Board, and

(b)any NHS trust which provides services at or from a hospital or other establishment or facility which falls within the area of the Local Health Board.

(5)In preparing or reviewing any plan under this section, a Local Health Board—

(a)must consult, or seek the participation of, such persons as the Welsh Ministers may direct, and

(b)may consult, or seek the participation of, such other persons as it considers appropriate.

(6)The Welsh Ministers may give directions as to—

(a)the periods to be covered by plans under this section,

(b)the action to be taken by Local Health Boards, NHS trusts and local authorities in connection with the preparation or review of plans under this section,

(c)the matters to be taken into account in connection with the preparation or review of plans under this section,

(d)the matters to be dealt with by plans under this section,

(e)the form and content of plans under this section,

(f)the publication of plans prepared or reviewed under this section,

(g)the sharing of information between [F6NHS England] [F7, integrated care boards,] F8... F9... NHS trusts, Local Health Boards and local authorities in connection with the preparation or review of plans under this section or [F10the preparation of joint [F11local] health and wellbeing strategies under section 116A of the Local Government and Public Involvement in Health Act 2007],

(h)the provision by [F6NHS England] [F12, integrated care boards,] F13... F14... and Local Health Boards of reports or other information to the Welsh Ministers in connection with plans under this section or [F15joint [F16local] health and wellbeing strategies under section 116A of the Local Government and Public Involvement in Health Act 2007].

(7)In exercising its functions—

(a)a Local Health Board must have regard to any plan prepared or reviewed by it, and

(b)an NHS trust and a local authority must have regard to any plan in relation to which it has participated.

(8)For the purposes of this section, the persons for whom a Local Health Board is responsible are—

(a)the people in the area of the Local Health Board, and

(b)such of the people outside the area as may be specified in directions given by the Welsh Ministers.

(9)“Health care” means—

(a)services provided to individuals for or in connection with the prevention, diagnosis or treatment of illness, and

(b)the promotion and protection of public health.

Textual Amendments

Modifications etc. (not altering text)

C3S. 17: 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.