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National Health Service (Wales) Act 2006, Section 40 is up to date with all changes known to be in force on or before 01 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Each local authority in Wales, and each Local Health Board any part of whose area lies within the area of the local authority, must jointly formulate and implement a strategy for the health and well-being of members of the public in the local authority's area (a “health and well-being strategy”).
(2)The local authority and the Local Health Board (or Boards) responsible for a health and well-being strategy are referred to in this section as the “responsible bodies”.
(3)The responsible bodies must have regard to their strategy in the exercise of their functions.
(4)Each strategy must be formulated in relation to a period of time specified in regulations.
(5)The Welsh Ministers may by regulations make further provision about health and well-being strategies.
(6)The regulations may, in particular, make provision as to—
(a)the imposition of a duty on the responsible bodies to co-operate in formulating their strategy with prescribed persons or descriptions of person (including, for example, NHS trusts, Community Health Councils, voluntary bodies, and local businesses),
(b)steps which the responsible bodies must take before formulating the strategy,
(c)matters which the strategy must address,
(d)publication of the strategy,
(e)monitoring and review by the responsible bodies of the strategy and its implementation,
(f)the production of information and reports by the responsible bodies in relation to the strategy,
(g)the avoidance of duplication in the preparation of health and well-being strategies and other prescribed strategies or plans provided for under any other enactment.
(7)The Welsh Ministers may—
(a)give directions to local authorities in Wales, Local Health Boards and NHS trusts in connection with health and well-being strategies,
(b)issue guidance to responsible bodies in connection with them.
(8)The power to give directions under subsection (7)(a) does not affect any other power to give directions.
(9)In this section—
“local authority” means a county council or county borough council,
“NHS trust” means an NHS trust all or most of whose hospitals, establishments and facilities are situated in Wales.
Modifications etc. (not altering text)
C1S. 40(1)-(4): 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.
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