The statutory powers and duties of the NHS in Wales are mainly contained within the NHS (Wales) Act 2006. Whilst the NHS Act 2006 applies equivalent legislation to the NHS in England, it also contains some legislation that applies to both England and Wales.
Most of the business of NHS bodies will be conducted in accordance with powers contained in the NHS (Wales) Act 2006 and the arrangements set out within the relevant Constitution, Membership & Procedures Regulations. All NHS bodies must also operate within the wider legislative framework governing all UK organisations.
The NHS (Wales) Act 2006 consolidates a range of regulatory requirements relating to the promotion and provision of the health service in Wales. It sets out:
Welsh Ministers' duty to promote health service
General power to provide services
As well as:
Provision of particular services;
Provision of services otherwise than in Wales
NHS Contracts; and
Provision of services otherwise than by Welsh Ministers.
Whilst the NHS Act 2006 applies equivalent legislation as that set out in the NHS (Wales) Act 2006 to the NHS in England, it also contains some legislation that applies to both England and Wales.
Key sections of this act include:
Section 72 places a duty on NHS bodies to co-operate with each other in exercising their functions.
Section 82 places a duty on NHS bodies and local authorities to co-operate with one another in order to secure and advance the health and welfare of the people of England and Wales.
Useful Links:
This document provides a summary of the Statutory Instruments relating to the functions of NHS bodies in Wales: