(1) Regulations may provide that, where a person fails to pay—
(a) any amount recoverable from him under section 139(1) in respect of the provision of goods or services to which section 140 applies, or
(b) any amount recoverable from him under section 140,
a notice (referred to in this section as a penalty notice) may be served on the person by the responsible authority.
(2) A penalty notice is a notice requiring the person on whom it is served to pay the amount to the authority within a prescribed period, together with a charge (referred to in this section as a penalty charge) of an amount determined in accordance with the regulations.
(3) The regulations may not provide for the amount of the penalty charge to exceed whichever is the smaller of—
(a) £100,
(b) the amount referred to in subsection (1)(a) or (b) multiplied by 5.
(4) The Welsh Ministers may by order provide for subsection (3) to have effect as if, for the sum specified in paragraph (a) or the multiplier specified in paragraph (b) (including that sum or multiplier as substituted by a previous order), there were substituted a sum or multiplier specified in the order.
(5) Regulations may provide that, if a person fails to pay the amount he is required to pay under a penalty notice within the period in question, he must also pay to the responsible authority by way of penalty a further sum determined in accordance with the regulations.
(6) The further sum must not exceed 50 per cent of the amount of the penalty charge.
(7) Any sum payable under the regulations (including the amount referred to in subsection (1)(a) or (b)) may be recovered by the responsible authority summarily as a civil debt.
(8) But a person is not liable by virtue of a penalty notice—
(a) to pay at any time so much of any amount referred to in subsection (1)(a) or (b) for which he is jointly and severally liable with another as at that time has been paid, or ordered by a court to be paid, by that other, or
(b) to a penalty charge, or a further sum by way of penalty, if he shows that he did not act wrongfully, or with any lack of care, in respect of the charge or payment in question.
(1) A person is guilty of an offence if he does any act mentioned in subsection (2) with a view to securing for himself or another—
(a) the evasion of the whole or part of any charge under this Act in respect of the provision of goods or services to which section 140 applies,
(b) the reduction, remission or repayment of any such charge, where he or the other is not entitled to the reduction, remission or repayment,
(c) a payment under this Act (whether to, or for the benefit of, himself or the other) in respect of the cost of obtaining such goods or services, where he or the other is not entitled to, or to the benefit of, the payment.
(2) The acts referred to in subsection (1) are—
(a) knowingly making, or causing or knowingly allowing another to make, a false statement or representation, or
(b) in the case of any document or information which he knows to be false in a material particular, producing or providing it or causing or knowingly allowing another to produce or provide it.
(3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(4) A person . . . may conduct any proceedings under this section before a magistrates' court if he is authorised to do so by the Welsh Ministers.
(5) Proceedings for an offence under this section may be begun within—
(a) the period of three months beginning with the date on which evidence, sufficient in the opinion of the Welsh Ministers to justify a prosecution for the offence, comes to their knowledge, or
(b) the period of 12 months beginning with the commission of the offence.
(6) For the purposes of subsection (5), a certificate purporting to be signed by or on behalf of the Welsh Ministers as to the date on which such evidence as is mentioned in paragraph (a) of that subsection came to their knowledge, is conclusive evidence of that date.
(7) Where a person is convicted of an offence under this section in respect of any charge or payment under this Act, he is not liable in respect of the charge or payment to pay any penalty charge or further sum by way of penalty which would otherwise be recoverable from him under section 141.
(8) Where a person pays any penalty charge, or further charge by way of penalty, recoverable under section 141 in respect of any charge or payment under this Act, he must not be convicted of an offence under this section in respect of the charge or payment.
(9) Subsection (4) of section 140 applies for the purposes of this section as it applies for the purposes of that.
(1) This Part confers power to require the production of documents in connection with the exercise of the Welsh Ministers' counter fraud functions in relation to the health service.
(2) The Welsh Ministers' “counter fraud functions” in relation to the health service means their power (by virtue of section 2(1)(b)) to take action for the purpose of preventing, detecting or investigating fraud, corruption or other unlawful activities carried out against or otherwise affecting—
(a) the health service, or
(b) the Welsh Ministers, in relation to their responsibilities for the health service.
(3) In this Part, the Welsh Ministers' counter fraud functions in relation to the health service are collectively referred to as functions to which this Part applies.
(4) “Investigating” means investigating in relation to civil or criminal proceedings.
144 Persons and bodies about which provision is made by this Part
(1) This section applies for the purposes of this Part.
(2) Subject to any provision made under subsection (6), “NHS body” has the meaning given by section 206(1).
(3) A “health service provider” means any person (other than an NHS body) providing—
(a) primary medical services, primary dental services or pharmaceutical services under this Act or the National Health Service Act 2006 (c. 41),
(b) primary ophthalmic services under that Act, or
(c) general ophthalmic services.
(4) An “NHS contractor” means any person (other than an NHS body or a person within subsection (3)) providing services of any description under arrangements made with an NHS body.
(5) A “statutory health body” means any body (other than an NHS body, or a person within subsection (3) or (4)) established by or under an enactment and—
(a) providing services in connection with the provision of, or
(b) exercising functions in relation to,
the health service in either England or Wales or both.
(6) The Welsh Ministers may by order—
(a) make such amendments of any of subsections (2) to (5) as they consider appropriate,
(b) make such consequential amendments of this Part as they consider appropriate.
(1) This section applies if it appears to the Welsh Ministers that there are reasonable grounds for suspecting—
(a) that any documents containing information relevant to the exercise of any of their functions to which this Part applies are in the possession or under the control of any NHS body, statutory health body, health service provider or NHS contractor (“the relevant organisation”), and
(b) that a person within subsection (3) is accountable for the documents.
(2) The Welsh Ministers may serve on that person a notice requiring him to produce the documents to an authorised officer.
(3) The persons within this subsection are—
(a) any member, officer or director of the relevant organisation,
(b) any other person who takes part in the management of the affairs of that organisation,
(c) any person employed by that organisation, and
(d) (in the case of a health service provider or NHS contractor who is an individual) that individual.
(4) A notice under this section must specify or describe the documents to which it relates.
(5) Subject to subsections (6) and (7), the notice may require those documents to be produced—
(a) at or by such time as is specified in the notice, or at once, and
(b) at such place, and in such manner, as is so specified.
(6) When specifying a time at or by which the documents must be produced, the notice must not require them to be produced otherwise than at a reasonable hour.
(7) If the notice requires documents to be produced at once, it may only be served at a reasonable hour.
(8) An authorised officer may, by agreement with the person served with a notice within subsection (6) or (7), vary the notice so as to extend the time for compliance with it.
(9) Any notice under this section, and any variation of such a notice under subsection (8), must be in writing.
(10) An individual is “accountable” for any documents if he has either day-to-day, or an overall, responsibility for the custody or control of the documents.
(1) This section applies where a notice has been served under section 145.
(2) An authorised officer may—
(a) take away any documents produced in compliance with the notice,
(b) take copies of or extracts from any documents so produced,
(c) require the person producing any such documents to provide an explanation of any of them.
(3) If—
(a) the officer takes away any such document, and
(b) the person producing it requests the officer to provide him with a copy of it, and
(c) the request appears to the officer to be reasonable in the circumstances,
the officer must, as soon as is reasonably practicable, provide that person with a copy of the document (in such form as the officer considers appropriate).
(4) Documents produced in compliance with a notice under section 145 may be retained for so long as the Welsh Ministers consider that it is necessary to retain them (rather than copies of them) in connection with the exercise of any of their functions to which this Part applies.
(5) If the Welsh Ministers have reasonable grounds for believing—
(a) that any such documents may have to be produced for the purposes of any legal proceedings, and
(b) that they might otherwise be unavailable for those purposes,
they may be retained until the proceedings are concluded.
(6) If a person who is required by a notice under section 145 to produce any documents does not produce the documents in compliance with the notice, an authorised officer may require that person to state, to the best of his knowledge and belief, where they are.
(7) A person is not bound to comply with any requirement imposed by a notice under section 145 or any requirement under subsection (6) unless evidence of authority is given—
(a) at the time when the notice is served, or
(b) at the time when the requirement is imposed under subsection (6).
(8) In addition, a person may not be required under section 145 or subsection (6) to produce any document or disclose any information which he would be entitled to refuse to produce or disclose in proceedings in the High Court on grounds of legal professional privilege.
(1) This section applies if the Welsh Ministers give a direction under section 24 directing a Special Health Authority to exercise so much of their functions under sections 145 and 146 as is specified in the directions (“the delegated functions”).
(2) The Welsh Ministers may give directions providing for senior officers of the Special Health Authority to exercise the delegated functions on behalf of the Special Health Authority.
(3) “Senior officer” means an officer of or above a level specified in the directions.
(4) The Welsh Ministers may by regulations make such provision as they consider appropriate in connection with the exercise of the delegated functions.
(5) The regulations may, in particular, make provision—
(a) specifying conditions as to training that must be satisfied in relation to officers of the Special Health Authority involved in the exercise of the delegated functions,
(b) for requiring officers to obtain specific authorisation before the delegated functions are exercised in relation to personal records,
(c) providing for the designation of officers for the purpose of giving such authorisations,
(d) otherwise prescribing the manner in which the delegated functions may be exercised.
148 Code of practice relating to delegated functions
(1) The Welsh Ministers may issue a code of practice relating to—
(a) the exercise of functions under section 145 or 146 by or on behalf of a Special Health Authority,
(b) procedures to be followed in relation to the disclosure (in accordance with sections 149 and 150) of information obtained by or on behalf of a Special Health Authority in the exercise of such functions.
(2) The Welsh Ministers must keep the code under review and may from time to time—
(a) revise the whole or any part of the code, and
(b) issue a revised code.
(3) Where the Welsh Ministers propose to issue a code of practice under this section they must—
(a) prepare a draft of the code, and
(b) consult such persons as they consider appropriate about the draft.
(4) Where the Welsh Ministers propose to issue a revised code under this section which in their opinion would result in a substantial change in the code, they must—
(a) prepare a draft of the revised code, and
(b) consult such persons as they consider appropriate about the change.
(5) Where, following consultation under subsection (3) or (4), the Welsh Ministers issue the code or revised code (whether in the form of the draft or with such modifications as they consider appropriate), it comes into force at the time when it is issued by the Welsh Ministers.
(6) A failure to observe any provision of a code or revised code issued under this section does not of itself make a person liable to any criminal or civil proceedings.
(7) A code or revised code issued under this section is admissible in evidence in any criminal or civil proceedings.
(8) Consultation undertaken by the Welsh Ministers before the commencement of this section is as effective for the purposes of this section as consultation undertaken after that time.
(1) This section applies to information which—
(a) is held by or on behalf of the Welsh Ministers, and
(b) was obtained by virtue of section 145 or 146.
(2) The information must not be disclosed except in accordance with subsection (3).
(3) A disclosure is made in accordance with this subsection if it is made—
(a) for the purposes of the exercise of any of the Welsh Ministers' functions in relation to the health service in Wales,
(b) for the purposes of the exercise of any of the Secretary of State's functions in relation to the health service in England,
(c) for the purposes of any civil proceedings brought in the exercise of any of the functions mentioned in paragraph (a) or (b),
(d) for the purposes of any criminal investigation or proceedings,
(e) for the purposes of any relevant disciplinary proceedings, or
(f) in accordance with an enactment or order of a court or tribunal.
(4) In subsection (3)—
“relevant disciplinary proceedings” means disciplinary proceedings conducted in relation to an individual by—
an NHS body, statutory health body or health service provider, or
any of the regulatory bodies mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17) (bodies within remit of the Professional Standards Authority for Health and Social Care).
(5) Where information to which this section applies is disclosed to any person in accordance with subsection (3), the information must not be used or further disclosed except—
(a) for a purpose connected with the functions, investigation or proceedings for the purposes of which it was so disclosed, or
(b) in accordance with an enactment or order of a court or tribunal.
(6) Information to which this section applies may be disclosed in accordance with subsection (3) despite any obligation of confidence that would otherwise prohibit or restrict the disclosure.
(7) This section does not prohibit any disclosure or use of information relating to a particular person if it is made with the consent of that person.
150 Protection of personal information disclosed for purposes of proceedings
(1) Information obtained from personal records produced in compliance with a notice under section 145 is “protected information” for the purposes of this section if—
(a) a person (“the discloser”), in accordance with section 149(3), discloses the information for the purposes of any proceedings, and
(b) either—
(i) the identity of the individual in question can be ascertained from the information itself, or
(ii) the discloser has reasonable cause to believe that it will be possible for a person who obtains the information as a direct or indirect consequence of the disclosure to ascertain the individual's identity from that information taken with other information obtained by virtue of section 145 or 146 and disclosed by or on behalf of the Welsh Ministers.
(2) The discloser must take all reasonable steps to ensure that, once disclosed by him in accordance with section 149(3), the protected information is not further disclosed to any person who is not someone to whom it is necessary to disclose the information for any purpose connected with the proceedings mentioned in subsection (1)(a).
(3) In subsection (2) the reference to further disclosure of the information does not include any such disclosure—
(a) by way of evidence in any proceedings, or
(b) in accordance with an enactment or order of a court or tribunal.
(4) The Welsh Ministers must make provision, whether in a code of practice issued under section 148 or otherwise, for requiring any person disclosing protected information in accordance with section 149(3) to ensure, by the use of a distinguishing mark or in some other way, that the information is clearly identified as protected information for the purposes of this section.
(5) Information that appears to be protected information must not be disclosed by way of evidence in any proceedings unless—
(a) the whole of the proceedings are held in private, or
(b) in any other case, the information is disclosed in accordance with permission given by the court or tribunal on an application under subsection (6).
(6) If, on an application by a party to—
(a) proceedings before a court, or
(b) proceedings of any description before a tribunal that sits, or may sit, in public during the whole or part of proceedings of that description,
the court or tribunal is satisfied that it is in the interests of justice for any information that appears to be protected information to be disclosed by way of evidence in the proceedings, it may give permission for the information to be so disclosed, on such terms as it thinks fit.
(7) When determining such an application, the court or tribunal must consider whether, in the interests of protecting the identity of the individual to whom the information relates, the whole or part of the proceedings should be held in private.
(8) If the court or tribunal is satisfied that the whole or part of the proceedings should be held in private, it must give such directions, or take such other steps, as appear to it to be appropriate.
(9) In this section “proceedings” means—
(a) criminal or civil proceedings, or
(b) relevant disciplinary proceedings (as defined by section 149(4)).
151 Manner in which disclosure notice may be served
(1) This section provides for the manner in which a notice may be served under section 145.
(2) The notice may be served on a person by—
(a) delivering it to him,
(b) leaving it at his proper address,
(c) sending it by post to him at that address.
(3) For the purposes of this section and section 7 of the Interpretation Act 1978 (c. 30) (service of documents by post) in its application to this section, the proper address of a person is his usual or last-known address (whether residential or otherwise), except that—
(a) in the case of a notice to be served on the secretary, clerk or similar officer of a body corporate, it is the address of the registered office of that body or its principal office in the United Kingdom,
(b) in the case of a notice to be served on a partner or a person having the control or management of a partnership business, it is the address of the principal office of the partnership in the United Kingdom, and
(c) in the case of a notice to be served on an officer of an unincorporated association (other than a partnership), it is the address of the principal office of the association in the United Kingdom.
152 Offences in connection with production of documents
(1) A person commits an offence if, without reasonable excuse, he fails to comply with any requirement imposed on him under section 145 or 146.
(2) A person guilty of an offence under subsection (1) is liable on summary conviction—
(a) to imprisonment for a term not exceeding 51 weeks, or
(b) to a fine not exceeding level 3 on the standard scale,
or to both.
(3) If a person is convicted of an offence under subsection (1) in respect of a failure to produce a document and the failure continues after the date of his conviction, the person—
(a) commits a further offence, and
(b) is liable on summary conviction to a fine not exceeding 2% of level 3 on the standard scale for each day on which the failure so continues.
(4) A person commits an offence if, in purported compliance with any requirement imposed on him under section 146—
(a) he makes a statement which is false or misleading, and
(b) he either knows that it is false or misleading or is reckless as to whether it is false or misleading.
(5) “False or misleading” means false or misleading in a material particular.
(6) A person guilty of an offence under subsection (4) is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both,
(b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum, or to both.
153 Offences relating to disclosure or use of information
(1) A person commits an offence if he fails to comply with section 149(2) or (5) or section 150(2).
(2) A person guilty of an offence under subsection (1) is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both,
(b) on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding the statutory maximum, or to both.
(3) It is a defence for a person charged with an offence under subsection (1) in respect of a disclosure of information to prove that at the time of the alleged offence—
(a) any of the circumstances in subsection (4) applied, or
(b) he reasonably believed that they applied.
(4) The circumstances referred to in subsection (3) are—
(a) that the disclosure was lawful,
(b) that the information had already been lawfully made available to the public,
(c) that the disclosure was necessary or expedient for the purpose of protecting the welfare of any individual,
(d) that the disclosure was made in a form in which no person to whom the information relates is identified.
(5) Subsection (4)(d) is not satisfied if the identity of any such person can be ascertained either—
(a) from the information itself, or
(b) from that information taken with other information obtained by virtue of section 145 or 146 and disclosed by or on behalf of the Welsh Ministers.
(1) If an offence committed by a body corporate is proved—
(a) to have been committed with the consent or connivance of an officer, or
(b) to be attributable to any neglect on his part,
the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
(2) “Officer”, in relation to the body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
(3) If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(4) If an offence committed by a partnership is proved—
(a) to have been committed with the consent or connivance of a partner, or
(b) to be attributable to any neglect on his part,
the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
(5) “Partner” includes a person purporting to act as a partner.
(6) If an offence committed by an unincorporated association (other than a partnership) is proved—
(a) to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or
(b) to be attributable to any neglect on the part of such an officer or member,
the officer or member as well as the association is guilty of the offence and liable to be proceeded against and punished accordingly.
(7) “Offence” means an offence under this Part.
155 Offences committed by partnerships and other unincorporated associations
(1) Proceedings for an offence alleged to have been committed by a partnership must be brought in the name of the partnership (and not in that of any of the partners).
(2) Proceedings for an offence alleged to have been committed by an unincorporated association (other than a partnership) must be brought in the name of the association (and not in that of any of its members).
(3) Rules of court relating to the service of documents have effect as if the partnership or unincorporated association were a body corporate.
(4) In proceedings for an offence brought against a partnership or an unincorporated association, section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43) apply as they apply in relation to a body corporate.
(5) A fine imposed on a partnership on its conviction for an offence must be paid out of the partnership assets.
(6) A fine imposed on an unincorporated association on its conviction for an offence must be paid out of the funds of the association.
(7) Subsections (1) and (2) do not affect any liability of a partner, officer or member under section 154(4) or (6).
(8) “Offence” means an offence under this Part.
156 Penalties for offences under this Part: transitional modification
(1) In relation to an offence committed before 2 May 2022, the reference in section 152(6)(b) to a period of imprisonment of the general limit in a magistrates’ court is a reference to a period of imprisonment of 6 months.
(2) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences), the references in sections 152(2)(a) and 153(2)(b) to periods of imprisonment of 51 weeks are references to periods of imprisonment of 3 months.
(1) Any power under this Part to make an order or regulations is exercisable by statutory instrument.
(2) Subject to subsection (3) a statutory instrument made by virtue of this Part is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(3) A statutory instrument containing an order under section 144(6) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
(4) Any power under this Part to make an order or regulations—
(a) may make different provision for different cases or descriptions of case or different purposes or areas, and
(b) may make incidental, supplementary, consequential, transitory, transitional or saving provision.
(1) In this Part—
“authorised officer”, in relation to any function, means (subject to subsection (5)) an officer of the Welsh Ministers authorised by them to act in exercise of the function,
“document” means anything in which information of any description is recorded,
“enactment” includes any provision of subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)), and references to enactments include enactments passed or made after the passing of this Act,
“employed” means employed whether under a contract of service or a contract for services or otherwise, and whether for remuneration or not,
“functions to which this Part applies” has the meaning given by section 143(3),
“health service provider” and “NHS contractor”have the meaning given by section 144,
“NHS body” must be construed in accordance with section 144,
“personal records” has the meaning given by section 12 of the Police and Criminal Evidence Act 1984 (c. 60),
“statutory health body” has the meaning given by section 144.
(2) References in this Part to the provision of services—
(a) in relation to statutory health bodies, health service providers or NHS contractors, include references to the provision of goods or facilities, and
(b) include references to the provision of services (or goods or facilities) wherever that takes place.
(3) References in this Part to the health service are references to the health service in Wales.
(4) In relation to information recorded otherwise than in legible form, any reference in this Part to the production of documents is a reference to the production of a copy of the information in legible form.
(5) Where functions of the Welsh Ministers are exercisable by a Special Health Authority—
(a) references in this Part to authorised officers include officers of the Special Health Authority authorised by or on behalf of the Special Health Authority to act in exercise of the functions, and
(b) references in this Part to information held or disclosed by or on behalf of the Welsh Ministers include information held or disclosed by or on behalf of the Special Health Authority.
(1) The Welsh Ministers may acquire—
(a) any land, either by agreement or compulsorily,
(b) any other property,
required by them for the purposes of this Act.
(2) In particular, land may be so acquired to provide residential accommodation for persons employed for any of those purposes.
(3) The Welsh Ministers may use for the purposes of any of the functions conferred on them by this Act any property belonging to them by virtue of this Act, and they have power to maintain all such property.
(4) A local social services authority may be authorised to purchase land compulsorily for the purposes of this Act by means of an order made by the authority and confirmed by the Welsh Ministers.
(5) The Acquisition of Land Act 1981 (c. 67) applies to the compulsory purchase of land under this section.
(6) Section 120(3) of the Local Government Act 1972 (c. 70) (which relates to the application of Part 1 of the Compulsory Purchase Act 1965 (c. 56) where a council is authorised to acquire land by agreement) applies to the acquisition of land by the Welsh Ministers under this section as it applies to such acquisition by a council under that section.
(7) Sections 238 and 239of the Town and Country Planning Act 1990 (c. 8) (use and development of consecrated land and burial grounds) apply to consecrated land or land comprised in a burial ground (within the meaning of section 240 of that Act) which—
(a) the Welsh Ministers hold for the purposes of the health service, and
(b) has not been the subject of a relevant acquisition (within the meaning of that section) by them,
as if that land had been the subject of such an acquisition by them for those purposes.
160 Special trustees for a university or teaching hospital
(1) In this Act “special trustees” are trustees appointed in relation to Wales—
(a) by the Secretary of State under section 29 of the National Health Service Reorganisation Act 1973 (c. 32),
(b) by the Secretary of State or the National Assembly for Wales under section 95 of the National Health Service Act 1977 (c. 49), and
(c) by the Welsh Ministers under this section,
for any hospital falling within subsection (2).
(2) A hospital falls within this subsection if, immediately before the day appointed for the purposes of section 29 of the National Health Service Reorganisation Act 1973, it was controlled and managed by a University Hospital Management Committee or a Board of Governors, other than—
(a) a body on whose request an order was made under section 24(2) of that Act, or
(b) a preserved Board within the meaning of section 15(6) of that Act.
(3) Special trustees must hold and administer the property transferred under the National Health Service Reorganisation Act 1973.
(4) The number of special trustees appointed under this section is such as the Welsh Ministers may from time to time determine after consultation with such persons as they consider appropriate.
(5) Special trustees have power to accept, hold and administer any property on trust, being a trust which is wholly or mainly for hospitals for which they are appointed, for all or any purposes relating to—
(a) hospital services (including research), or
(b) any other part of the health service associated with hospitals.
(6) The term of office of any special trustee appointed under this section is to be fixed by the Welsh Ministers, but a special trustee may be removed by the Welsh Ministers at any time during the special trustee's term of office.
(7) Subsection (3) is subject to sections 161 and 162.
(1) The Welsh Ministers may, having regard to any change or proposed change—
(a) in the arrangements for the administration of a hospital or other establishment or facility, or
(b) in the area or functions of any NHS body other than an NHS foundation trust,
by order provide for the transfer of any trust property from any relevant health service body to any other relevant health service body.
(2) In this section “relevant health service body” means—
(a) an NHS body,
(b) special trustees, or
(c) trustees for ...... an NHS trust ....
(3) Where property is transferred by an order under this section to two or more bodies, it must be apportioned by them in such proportions as they may agree, or as may in default of agreement be determined by the Welsh Ministers, and the order may provide for the way in which the property must be apportioned.
(4) Where property is so apportioned, the Welsh Ministers may by order make any consequential amendments of the trust instrument relating to the property.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
162 Transfer of functions and property to or from special trustees
(1) If it appears to the Welsh Ministers at any time that all the functions of any special trustees should be discharged by NHS England , an integrated care board, ... an NHS trust, a Special Health Authority or an NHS foundation trust, they may by order provide for the transfer of all trust property from the special trustees to the body or, in such proportions as may be specified in the order, to those bodies.
(2) Before acting under subsection (1) the Welsh Ministers must consult the special trustees and other bodies concerned.
(3) If it appears to the Welsh Ministers at any time that—
(a) the functions of any special trustees should be discharged by the trustees for ... ... an NHS trust ... (“the trustees of the body”), or
(b) the functions of the trustees of the body should be discharged by special trustees,
they may, after consulting the special trustees and the trustees of the body, by order provide for the transfer of all trust property from the special trustees to to the trustees of the body, or from the trustees of the body to the special trustees.
(4) Where property is transferred by an order under this section to two or more bodies, it must be apportioned by them in such proportions as they may agree, or as may in default of agreement be determined by the Welsh Ministers, and the order may provide for the way in which the property must be apportioned.
(5) Where property is so apportioned, the Welsh Ministers may by order make any consequential amendments of the trust instrument relating to the property.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Where property is given in pursuance of section 169 (power of NHS bodies to raise money) to or on trust for any purposes of a hospital for which special trustees have been appointed, the property may be held, administered and applied by the special trustees instead of by the body responsible for the hospital if that body and the special trustees agree.
(2) The body responsible for a hospital is—
(a) in the case of a hospital vested in an NHS trust, that trust, and
(b) in any other case, the Local Health Board exercising functions of the Welsh Ministers in respect of the hospital.
(3) Subsection (4) applies where property is given in pursuance of section 169 on trust for any purposes of an NHS trust for which trustees have been appointed under paragraph 10 of Schedule 3 ....
(4) Where this subsection applies and the trustees and the NHS trust agree, the property may be held, administered and applied by the trustees instead of by the NHS trust.
(5) Property given in pursuance of section 169 on trust may be transferred by order of the Welsh Ministers under section 161 or 162 in the same circumstances as other trust property may be transferred under either of those sections.
164 Application of trust property: further provisions
(1) Any discretion given by a trust instrument to the trustees of property transferred under section 161 or 162 is exercisable by the person to whom the property is so transferred and, subject to this section, the transfer does not affect the trusts on which the property is held.
(2) Where—
(a) property has been transferred under section 24 of the National Health Service Reorganisation Act 1973 (c. 32), or section 92 of the National Health Service Act 1977 (c. 49), and
(b) any discretion is given by a trust instrument to the trustees to apply the property, or income arising from the property, to such hospital services (including research) as the trustees consider appropriate without any restriction on the kinds of hospital services and without any restriction to one or more specified hospitals,
the discretion is enlarged so as to allow the application of the property or of the income arising from the property, to such extent as the trustees consider appropriate, for any other part of the health service associated with any hospital.
(3) Subsection (2) applies on any subsequent transfer of the property under section 161 or 162.
(1) This section applies in relation to—
(a) sections 160 to 162,
(b) section 164,
(c) section 167,
(d) paragraph 10 of Schedule 3, and
(e) paragraphs 8 and 9 of Schedule 5.
(2) A provision—
(a) contained in a provision to which this section applies,
(b) for the transfer of any property,
includes provision for the transfer of any rights and liabilities arising from that property.
(3) Where a transfer of property by virtue of a provision to which this section applies is of, or includes—
(a) land held on lease from a third party, or
(b) any other asset leased or hired from a third party or in which a third party has an interest,
the transfer is binding on the third party notwithstanding that, apart from this subsection, it would have required his consent or concurrence.
(4) “Third party” means a person other than the Welsh Ministers or an NHS body.
(5) Nothing in a provision to which this section applies affects any power of Her Majesty, the court (as defined in the Charities Act 2011) or any other person, to alter the trusts of any charity.
(6) Nothing in section 12 of the Finance Act 1895 (c. 16) (which requires certain Acts and certain instruments relating to the vesting of property by virtue of an Act to be stamped as conveyances on sale) applies to—
(a) a provision to which this section applies, or
(b) an order made in pursuance of any such provision.
(7) Stamp duty is not payable on an order falling within subsection (6)(b).
(1) The Welsh Ministers may use any property—
(a) which is vested in them, and
(b) to which section 219 of the National Health Service Act 2006 (c. 41) applies,
for the purpose of any of their functions under this Act.
(2) But the Welsh Ministers must so far as practicable secure that the objects for which any such property was used immediately before the transfer mentioned in subsection (1) of that section are not prejudiced by the exercise of the power conferred by this section.
167 Trust property previously held for general hospital purposes
(1) This section applies to property—
(a) transferred under section 23 of the National Health Service Reorganisation Act 1973 (c. 32) (winding-up of hospital endowment funds), or
(b) transferred under section 24 of that Act (transfer of trust property from abolished authorities) and which immediately before the day appointed for the purposes of that section was, in accordance with any provision contained in or made under section 7 of the National Health Service Act 1946 (c. 81), applicable for purposes relating to hospital services or relating to some form of research,
including any such property which has been further transferred under section 92 of the National Health Service Act 1977 (c. 49).
(2) This section continues to apply to any such property after any further transfer under section 161 or 162.
(3) The person holding the property after the transfer or last transfer must secure, so far as is reasonably practicable, that the objects of any original endowment, and the observance of any conditions attached to that endowment, including in particular conditions intended to preserve the memory of any person or class of persons, are not prejudiced by this Part of this Act.
(4) “Original endowment” means a hospital endowment which was transferred under section 7 of the National Health Service Act 1946 and from which the property in question is derived.
(5) Subject to subsection (3), the property must be held on trust for such purposes relating to hospital services (including research), or to any other part of the health service associated with any hospital, as the person holding the property considers appropriate.
(6) Where the person holding the property is a body of special trustees, the power conferred by subsection (5) must be exercised as respects the hospitals for which they are appointed.
(1) Subsection (2) applies where—
(a) any hospital provided by the Welsh Ministers in accordance with this Act was a voluntary hospital transferred by virtue of the National Health Service Act 1946, and
(b) the character and associations of that hospital before its transfer were such as to link it with a particular religious denomination.
(2) Regard must be had in the general administration of the hospital to the preservation of that character and those associations.
(1) This section applies to any—
(a) Local Health Board,
(b) NHS trust, or
(c) Special Health Authority.
(2) A body to which this section applies has power to engage in activities intended to stimulate the giving (whether on trust or otherwise) of money or other property to—
(a) assist the body in providing or improving any services or any facilities or accommodation which is or are, or will be, provided as part of the health service, or
(b) assist it in connection with its functions with respect to research.
(3) Subject to any directions of the Welsh Ministers excluding specified descriptions of activity, the activities authorised by this section include—
(a) public appeals or collections,
(b) competitions,
(c) entertainments,
(d) bazaars,
(e) sales of produce or other goods, and
(f) other similar activities.
(4) The activities may involve the use of land, premises or other property held by or for the benefit of the body exercising the power.
(5) Subsection (4) is subject to any restrictions on the purposes for which trust property may be used.
(6) Subject to this section and section 163, the body at whose instance property is given in pursuance of this section must, after defraying out of it any expenses incurred in obtaining it, hold, administer and apply the property on trust for or for the purpose for which it was given.
(7) Where property held by a body under this section is more than sufficient to enable the purpose for which it was given to be fulfilled, the excess is applicable, in default of any provision for its application made by the trust or other instrument under or in accordance with which the property comprising the excess was given, for such purposes connected with any of the functions of the body as it considers appropriate.
(8) Where property held by a body under this section is insufficient to enable the purpose for which it was given to be fulfilled the body may apply so much of the capital or income at its disposal as is needed to enable the purpose to be fulfilled.
(9) Subsection (8) is subject in the case of trust property to any restrictions on the purpose for which the trust property may be applied and, in the case of money paid or payable by the Welsh Ministers under section 171, to any directions they may give.
(10) Where the capital or income applicable under subsection (8) is insufficient or is not applied to enable the purpose to be fulfilled, the property held by the body is applicable, in default of any provision for its application made by the trust or other instrument under or in accordance with which the property was given, for such purposes connected with any of the functions of the body as it considers appropriate.
(11) Where under subsection (7) or (10) property becomes applicable for purposes other than that for which it was given the body applying the property must have regard to the desirability of applying it for a purpose similar to that for which it was given.
(12) References in this section to the purposes for which trust property may be used or applied include, in the case of trust property which has been transferred under section 161 or 162, references to those purposes as enlarged by section 164.
(1) The Welsh Ministers may form, or participate in forming, companies to provide facilities or services to persons or bodies exercising functions, or otherwise providing services, under this Act.
(2) The Welsh Ministers may, with a view to securing or facilitating the provision by companies of facilities or services to persons or bodies falling within subsection (1)—
(a) invest in the companies (whether by acquiring assets, securities or rights or otherwise), or
(b) provide loans and guarantees and make other kinds of financial provision to or in respect of them,
or both.
(3) For the purposes of subsections (1) and (2) it is immaterial that the facilities or services provided or to be provided by the companies in question are not provided or to be provided—
(a) only to persons or bodies falling within subsection (1), or
(b) to persons or bodies falling within subsection (1) only in their capacities as persons or bodies such as are mentioned in that provision.
(4) “Companies” means companies as defined in section 1(1) of the Companies Act 2006.
(5) This section does not affect any powers of the Welsh Ministers exercisable otherwise than by virtue of this section.
171 Means of meeting expenditure of Special Health Authorities out of public funds
(1) The Welsh Ministers must pay in respect of each financial year to each Special Health Authority sums not exceeding the amount allotted for that year by the Welsh Ministers to the Special Health Authority towards meeting the expenditure of the Special Health Authority which is attributable to the performance by it of its functions in that year.
(2) An amount is allotted to a Special Health Authority for a year under this section when it is notified by the Welsh Ministers that the amount is allotted to it for that year.
(3) The Welsh Ministers may make an allotment under this section increasing or reducing an allotment previously so made.
(4) The Welsh Ministers may give directions to a Special Health Authority with respect to—
(a) the application of sums paid to it under this section, or
(b) the payment of sums by it to the Welsh Ministers in respect of charges or other sums referable to the valuation or disposal of assets.
(5) Sums falling to be paid to Special Health Authorities under this section are payable subject to such conditions as to records, certificates or otherwise as the Welsh Ministers may determine.
172 Financial duties of Special Health Authorities
(1) Each Special Health Authority must, in respect of each financial year, perform its functions so as to secure that its expenditure which is attributable to the performance by it of its functions in that year does not exceed the aggregate of—
(a) the amount allotted to it for that year under section 171(1),
(b) any sums received by it in that year under any provision of this Act (other than sums received by it under that subsection), and
(c) any sums received by it in that year otherwise than under this Act for the purpose of enabling it to defray any such expenditure.
(2) The Welsh Ministers may give such directions to a Special Health Authority as appear to be requisite to secure that the Special Health Authority complies with the duty under subsection (1).
(3) To the extent to which—
(a) any expenditure is defrayed by a Special Health Authority as trustee or on behalf of a Special Health Authority by special trustees, or
(b) any sums are received by a Special Health Authority as trustee or under section 169,
that expenditure and, subject to subsection (5), those sums, must be disregarded for the purposes of this section.
(4) For the purposes of this section sums which in the hands of a Special Health Authority cease to be trust funds and become applicable by the Special Health Authority otherwise than as trustee must be treated, on their becoming so applicable, as having been received by the Special Health Authority otherwise than as trustee.
(5) Of the sums received by a Special Health Authority under section 169 so much only as accrues to the Special Health Authority after defraying any expenses incurred in obtaining them must be disregarded under subsection (3).
(6) Subject to subsection (3), the Welsh Ministers may by directions determine—
(a) whether specified sums must, or must not, be treated for the purposes of this section as received under this Act by a specified Special Health Authority,
(b) whether specified expenditure must, or must not, be treated for those purposes as expenditure within subsection (1) of a specified Special Health Authority, or
(c) the extent to which, and the circumstances in which, sums received by a Special Health Authority under section 171 but not yet spent must be treated for the purposes of this section as part of the expenditure of the Special Health Authority and to which financial year's expenditure they must be attributed.
(7) “Specified” means of a description specified in the directions.
173 Resource limits for Special Health Authorities
(1) Each Special Health Authority must ensure that the use of its resources in a financial year does not exceed the amount specified for it in relation to that year by the Welsh Ministers.
(2) For the purpose of subsection (1) the Welsh Ministers may give directions—
(a) specifying uses of resources which must, or must not, be taken into account,
(b) making provision for determining to which Special Health Authority certain uses of resources must be attributed,
(c) specifying descriptions of resources which must, or must not, be taken into account.
(3) The Welsh Ministers may give such directions to a Special Health Authority as appear to be requisite to secure that it complies with the duty under subsection (1).
(4) Subsections (3) to (5) of section 172 apply in relation to the duty under subsection (1) of this section as they apply in relation to the duties under subsections (1) and (2) of that section; and for that purpose references to the defraying of expenditure and the receipt of sums are references to the incurring of liabilities and the acquisition of assets.
(5) Where the Welsh Ministers have specified an amount under this section in respect of a financial year, they may vary the amount by a later specification.
(6) In this section a reference to the use of resources is a reference to their expenditure, consumption or reduction in value.
(1) The Welsh Ministers must, in respect of each financial year, pay to each Local Health Board—
(a) sums equal to its general ophthalmic . . . services expenditure, and
(b) sums not exceeding the amount allotted by the Welsh Ministers to the Local Health Board for that year towards meeting the Local Health Board's main expenditure in that year.
(2) In determining the amount to be allotted for any year to a Local Health Board under subsection (1)(b) (or in varying the amount under subsection (9)), the Welsh Ministers may take into account, in whatever way they consider appropriate—
(a) the Local Health Board's general ophthalmic . . . services expenditure, and
(b) expenditure which would have been the Local Health Board's general ophthalmic . . . services expenditure but for an order under section 180(2) (special arrangements as to payment of remuneration),
during any period the Welsh Ministers consider appropriate (or such elements of that expenditure as they consider appropriate).
(3) Where the Welsh Ministers have made an initial determination of the amount (“the initial amount”) to be allotted for any year to a Local Health Board under subsection (1)(b), they may increase the initial amount by a further sum if it appears to them that over a period notified to the Local Health Board—
(a) it satisfied any objectives notified to it as objectives to be met in performing its functions, or
(b) it performed well against any criteria notified to it as criteria relevant to the satisfactory performance of its functions (whether or not the method of measuring its performance against those criteria was also notified to it).
(4) “Notified” means specified or referred to in a notice given to the Local Health Board by the Welsh Ministers.
(5) In making any increase under subsection (3), the Welsh Ministers may (whether by directions under subsection (10) or otherwise) impose any conditions they consider appropriate on the application or retention by the Local Health Board of the sum in question.
(6) Subsection (7) applies where—
(a) the Welsh Ministers have, under subsection (3), increased by any sum the amount to be allotted for any year to a Local Health Board,
(b) the Welsh Ministers have notified the Local Health Board of the allotment, and
(c) it subsequently appears to the Welsh Ministers that the Local Health Board has failed (wholly or in part) to satisfy any conditions imposed in making that increase.
(7) Where this subsection applies, the Welsh Ministers may reduce—
(a) the allotment made to the Local Health Board for that year, or
(b) when the Welsh Ministers have made an initial determination of the amount (“the initial amount”) to be allotted for any subsequent year to the Local Health Board under subsection (1)(b), the initial amount,
by an amount not exceeding the sum mentioned in subsection (6)(a).
(8) An amount is allotted to a Local Health Board for a year under this section when the Local Health Board is notified by the Welsh Ministers that the amount is allotted to it for that year.
(9) The Welsh Ministers may make an allotment under this section increasing or reducing (subject to subsection (7)) an allotment previously so made; and the reference to a determination in subsection (3) includes a determination made with a view to increasing or reducing an allotment previously so made.
(10) The Welsh Ministers may give directions to a Local Health Board with respect to—
(a) the application of sums paid to it under this section, or
(b) the payment of sums by it to the Welsh Ministers in respect of charges or other sums referable to the valuation or disposal of assets.
(11) Sums falling to be paid to Local Health Boards under this section are payable subject to such conditions as to records, certificates or otherwise as the Welsh Ministers may determine.
(12) “General ophthalmic . . . services expenditure” and “main expenditure” are defined in Schedule 8.
(1) Each Local Health Board must, in respect of each three-year accounting period, perform its functions so as to secure that its expenditure which is attributable to the performance by it of its functions in that period (not including its general ophthalmic services expenditure) does not exceed the aggregate of—
(a) the amount allotted to it for each financial year in that period under section 174(1)(b),
(b) any sums received by it in each financial year in that period under any other provision of this Act, and
(c) any sums received by it in each financial year in that period otherwise than under this Act for the purpose of enabling it to defray any such expenditure,
by an amount that is more than is determined in writing by the Welsh Ministers.
(2) The Welsh Ministers must give directions to a Local Health Board requiring it—
(a) to prepare a plan which sets out its strategy for securing that it complies with the duty under subsection (1) while improving—
(i) the health of the people for whom it is responsible, and
(ii) the provision of health care to such people;
(b) to do such other things as appear to be requisite to secure that it complies with that duty.
(2A) A Local Health Board does not comply with a direction given to it under subsection (2)(a) unless the plan prepared in accordance with that direction has been submitted to and approved by the Welsh Ministers.
(3) To the extent to which—
(a) any expenditure is defrayed by a Local Health Board as trustee or on behalf of a Local Health Board by special trustees, or
(b) any sums are received by a Local Health Board as trustee or under section 169,
that expenditure and, subject to subsection (5) those sums, must be disregarded for the purposes of this section.
(4) For the purposes of this section sums which, in the hands of a Local Health Board, cease to be trust funds and become applicable by the Local Health Board otherwise than as trustee must be treated, on their becoming so applicable, as having been received by the Local Health Board otherwise than as trustee.
(5) Of the sums received by a Local Health Board under section 169 so much only as accrues to the Local Health Board after defraying any expenses incurred in obtaining them must be disregarded under subsection (3).
(6) Subject to subsection (3), the Welsh Ministers may by directions determine—
(a) whether specified sums must, or must not, be treated for the purposes of this section as received under this Act by a specified Local Health Board,
(b) whether specified expenditure must, or must not, be treated for those purposes as expenditure within subsection (1) of a specified Local Health Board, or
(c) the extent to which, and the circumstances in which, sums received by a Local Health Board under section 174 but not yet spent must be treated for the purposes of this section as part of the expenditure of the Local Health Board and to which financial year's expenditure they must be attributed.
(6A) The Welsh Ministers must, in relation to each three-year accounting period, report to the National Assembly for Wales before the end of the financial year following that period on whether each Local Health Board has complied with the duty under subsection (1).
(7) “Specified” means of a description specified in the directions.
(8) Three-year accounting period” means a period of three years which begins with the first day of a financial year, so that the first begins with 1 April 2014 and ends with 31 March 2017 and the second begins with 1 April 2015 and ends with 31 March 2018 (and so on).
(1) The Welsh Ministers may pay to members of any body specified by them in an order as a body formed for the purpose of performing a function connected with the provision of services under this Act, such travelling and other allowances, including compensation for loss of remunerative time, as they may determine.
(2) Payments under this section are subject to such conditions as to records, certificates, or otherwise as the Welsh Ministers may determine.
180 Special arrangement as to payment of remuneration
(1) Subsection (2) applies where the Welsh Ministers consider it appropriate for remuneration in respect of—
(a) primary medical services or primary dental services,
(b) general ophthalmic services, or
(c) pharmaceutical services,
to be paid by a particular body.
(2) Where this subsection applies, and the functions of the body do not include the function of paying the remuneration, the Welsh Ministers may by order confer that function on that body.
(3) Any sums required to enable a body to pay the remuneration must, if apart from this section there is no provision authorising the payment of the sums by the Welsh Ministers or out of money provided by Parliament, be paid by them.
(4) If the Welsh Ministers by order so provide with respect to remuneration in respect of such pharmaceutical services or such local pharmaceutical services as may be specified in the order—
(a) an NHS trust determined in accordance with the order has the function of paying sums so determined to a Local Health Board so determined in respect of the whole or any part of that remuneration, and
(b) subsection (3) does not apply with respect to the whole or that part of the remuneration.