Clause 148

Part of Equality Bill – in a Public Bill Committee am 6:30 pm ar 30 Mehefin 2009.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Mark Harper Mark Harper Shadow Minister (Work and Pensions) 6:30, 30 Mehefin 2009

That is helpful, but not necessarily to the Minister. Subsection (2) says:

“A relevant Welsh authority”— so that is not a cross-border authority—

“is a person whose functions—

(a) are exercisable only in or as regards Wales, and

(b) are wholly or mainly devolved Welsh functions.”

That sounds like the NHS bodies in Wales that deal with wholly or mainly devolved Welsh functions, but it depends on the interpretation of being

“exercisable only in or as regards Wales”.

Around 6,500 of my constituents are in England and registered with a GP who is not necessarily in Wales, but may be in England, and if they are part of a bigger practice they may be registered in Wales. It sounds as though those functions and their impact are exercisable  not only in Wales, but stretch across the border into England and affect a significant number of people. Such a body would not then count as a Welsh authority but would fall into the definition of a cross-border Welsh authority because it had a function that was exercisable

“in or as regards Wales” and was devolved. It would not fall into the definition of a Welsh authority, which would put it in the cross-border category. If my interpretation is correct, how does the duty apply to a cross-border authority?