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National Health Service (Wales) Act 2006, Section 6B is up to date with all changes known to be in force on or before 03 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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Valid from 01/06/2010
(1)A person may apply to the Welsh Ministers under this section for prior authorisation for the purposes of section 6A in relation to the provision of a service (“the requested service”) to a person ordinarily resident in Wales (“the patient”).
(2)The requested service must be—
(a)a special service, or
(b)a service that is neither the same as nor equivalent to a service that the Welsh Ministers or the Local Health Board in whose area the patient usually resides would make available to the patient under this Act in the circumstances of the patient's case.
(3)The Welsh Ministers may determine—
(a)the form in which an application under this section must be made, and
(b)the information to be provided in support of the application.
(4)The Welsh Ministers—
(a)must authorise the provision of the requested service if it is a special service and the conditions in subsection (5) are met, and
(b)may authorise the provision of the requested service in any other case where the requested service is necessary to treat or diagnose a medical condition of the patient.
(5)The conditions referred to in subsection (4)(a) are—
(a)that the requested service is necessary to treat or diagnose a medical condition of the patient,
(b)that the requested service is the same as or equivalent to a service that the Welsh Ministers or the Local Health Board in whose area the patient usually resides would make available to the patient in the circumstances of the patient's case, and
(c)that the Welsh Ministers or the Local Health Board cannot provide to the patient a service that is the same as or equivalent to the requested service within a period of time that is acceptable on the basis of medical evidence as to the patient's clinical needs, taking into account the patient's state of health at the time the decision under this section is made and the probable course of the medical condition to which the service relates.
(6)The matters to which the Welsh Ministers are to have regard in determining for the purpose of subsection (5)(c) whether the length of any delay is acceptable include—
(a)the patient's medical history,
(b)the extent of any pain, disability, discomfort or other suffering that is attributable to the medical condition to which the service is to relate,
(c)whether any such pain, disability, discomfort or suffering makes it impossible or extremely difficult for the patient to carry out ordinary daily tasks, and
(d)the extent to which the provision of the service would be likely to alleviate, or enable the alleviation of, the pain, disability, discomfort or suffering.
(7)Any authorisation under this section must be in writing.]
Textual Amendments
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