National Health Service (Consequential Provisions) Act 2006

Modifications applicable until the end of the initial period under the Government of Wales Act 2006 (c. 32) E+W

10 (1) This paragraph applies if the initial period, within the meaning of the Government of Wales Act 2006, has not ended before the commencement of this Act. E+W

(2) Until the end of the initial period any reference to the Welsh Ministers in the consolidating Acts, and in an Act as amended by this Act, has effect as a reference to the National Assembly for Wales constituted by the Government of Wales Act 1998 (c. 38).

(3) For that purpose, functions of the National Assembly for Wales exercisable by virtue of this paragraph are functions falling within paragraph 23(2) of Schedule 11 to the Government of Wales Act 2006.

(4) Until the end of the initial period—

(a) paragraph 12(2)(b) of Schedule 4 to the National Health Service Act 2006, and

(b) paragraph 12(2)(b) of Schedule 3 to the National Health Service (Wales) Act 2006,

have effect as if for “paragraph 19 of Schedule 8 to the Government of Wales Act 2006” there were substituted “ section 96A of the Government of Wales Act 1998 ”.

(5) Until the end of the initial period, section 157(2) and (3) and section 203(4) to (8) of the National Health Service (Wales) Act 2006 do not have effect, but section 44 of the Government of Wales Act 1998 applies in relation to subordinate legislation made by the National Assembly for Wales by virtue of this paragraph, so far as the context requires.

(6) Until the end of the initial period, Schedule 4 to the National Health Service (Wales) Act 2006 has effect—

(a) as if for paragraph 1(4) there were substituted—

“(4) An NHS trust's originating capital is deemed to have been issued out of moneys provided by Parliament and is an asset of the Consolidated Fund.”, and

(b) as if for paragraph 4(2) and (3) there were substituted—

“(2) Immediately after a guarantee is given under this paragraph, a statement of the guarantee must be laid before, and published by, the National Assembly for Wales constituted under the Government of Wales Act 1998.

(3) Where any sum is issued for fulfilling a guarantee so given, a statement relating to that sum must be laid before, and published by, the National Assembly for Wales constituted under the Government of Wales Act 1998 as soon as possible after the end of each financial year beginning with that in which the sum is issued and ending with that in which all liability in respect of the principal of the sum and in respect of interest on it is finally discharged.”.

(7) Until the end of the initial period, paragraph 5(6) of Schedule 9 to the National Health Service (Wales) Act 2006 (c. 42) has effect as if for paragraph (b) there were substituted—

“(b) lay copies of them and his report on them before the National Assembly for Wales constituted under the Government of Wales Act 1998”.