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2010 No. 289 (W.38) NATIONAL HEALTH SERVICE, WALES The

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2010 No. 289 (W.38) NATIONAL HEALTH SERVICE, WALES The OFFERYNNAU STATUDOL WELSH STATUTORY CYMRU INSTRUMENTS 2010 Rhif 289 (Cy.38) 2010 No. 289 (W.38) Y GWASANAETH IECHYD NATIONAL HEALTH GWLADOL, CYMRU SERVICE, WALES Gorchymyn Cynghorau Iechyd The Community Health Councils Cymuned (Sefydlu, Trosglwyddo (Establishment, Transfer of Swyddogaethau a Diddymu) Functions and Abolition) (Wales) (Cymru) 2010 Order 2010 NODYN ESBONIADOL EXPLANATORY NOTE (Nid yw'r nodyn hwn yn rhan o'r Gorchymyn) (This note is not part of the Order) Mae erthygl 3 o'r Gorchymyn hwn yn sefydlu, o 1 Article 3 of this Order establishes from 1 April 2010 Ebrill 2010, chwe Chyngor Iechyd Cymuned newydd six new Community Health Councils in Wales, as yng Nghymru, fel y darperir ar eu cyfer yn adran provided for in section 182(2) of the National Health 182(2) o Ddeddf y Gwasanaeth Iechyd Gwladol Service (Wales) Act 2006 (c.42). (Cymru) 2006 (p.42). Mae erthygl 4 o'r Gorchymyn hwn yn nodi'r ardaloedd Article 4 of this Order sets out the areas for which the y sefydlir y Cynghorau Iechyd Cymuned ar eu cyfer. Community Health Councils are established. Mae erthygl 5 yn gosod y swyddogaethau sydd i'w Article 5 sets out the functions to be performed by the cyflawni gan y Cynghorau Iechyd Cymuned a sefydlir Community Health Councils established under article o dan erthygl 3. 3. Mae erthygl 6 yn darparu ar gyfer trosglwyddo Article 6 provides for the transfer of functions and swyddogaethau a hawliau oedd yn arferadwy gan y rights which were exercisable by the Councils which Cynghorau sy'n cael eu diddymu gan erthygl 9 o'r are abolished by article 9 of this Order and the Gorchymyn hwn ac ar gyfer trosglwyddo'r liabilities which were enforceable against such rhwymedigaethau oedd yn orfodadwy yn erbyn y cyfryw Councils to transfer to the Councils established by Gynghorau i'r Cynghorau a sefydlir gan erthygl 3 o'r article 3 of this Order. Gorchymyn hwn. Mae erthygl 7 yn sicrhau fod adroddiadau a chyfrifon y Article 7 ensures that reports and accounts of the Cynghorau a ddiddymir gan erthygl 9 o'r Gorchymyn Councils abolished by article 9 of this Order are hwn yn cael eu darparu yn unol â rheoliadau 25 a 41 o furnished in accordance with regulations 25 and 41 of Reoliadau'r Cynghorau Iechyd Cymuned (Cyfansoddiad, the Community Health Councils (Constitution, Aelodaeth a Gweithdrefnau) (Cymru) 2010. Membership and Procedures) (Wales) Regulations 2010. Mae erthygl 8 yn darparu ar gyfer parhâd wrth arfer Article 8 provides for continuity in the exercise of swyddogaethau. functions. Mae erthygl 9 yn diddymu dau ar bymtheg o'r Article 9 abolishes seventeen of the existing Cynghorau Iechyd Cymuned presennol yng Nghymru Community Health Councils in Wales on 1 April 2010. ar 1 Ebrill 2010. Er mwyn eglurder, gan fod pob Cyngor Iechyd For the sake of clarity, as all other Community Health Cymuned arall yng Nghymru yn cael ei ddiddymu a Councils in Wales are being abolished and new Chynghorau Iechyd Cymuned newydd yn cael eu creu Community Health Councils are being set up for areas ar gyfer ardaloedd yng Nghymru, mae erthygl 10 yn in Wales, article 10 expressly provides for the darparu'n benodol ar gyfer parhâd bodolaeth Cyngor continuation in existence of Brecknock and Radnor Iechyd Cymuned Brycheiniog a Maesyfed a Chyngor Community Health Council and Montgomeryshire Iechyd Cymuned Maldwyn. Community Health Council. Mae'n cadarnhau fod Cyngor Iechyd Cymuned It confirms that Brecknock and Radnor Community Brycheiniog a Maesyfed a Chyngor Iechyd Cymuned Health Council and Montgomeryshire Community Maldwyn gyda'i gilydd yn cwmpasu'r ardal y sefydlir Health Council together cover the area for which Bwrdd Iechyd Lleol Addysgu Powys drosti. Mae hyn Powys Teaching Local Health Board is established. yn dangos fod Gweinidogion Cymru wedi This demonstrates that Welsh Ministers have complied cydymffurfio â'u dyletswydd i sicrhau fod yr ardaloedd with their duty to ensure that the areas for which y sefydlir Byrddau Iechyd Cymuned ar eu cyfer ar Community Health Councils are at any time unrhyw adeg gyda'i gilydd yn cynnwys Cymru gyfan established together comprise the whole of Wales (adran 182(3) o Ddeddf y Gwasanaeth Iechyd Gwladol (section 182(3) of the National Health Service (Wales) (Cymru) 2006). Nid yw'r union ardaloedd y sefydlwyd Act 2006). The actual areas that Brecknock and Radnor Cyngor Iechyd Cymuned Brycheiniog a Maesyfed a Community Health Council and Montgomeryshire Chyngor Iechyd Cymuned Maldwyn ar eu cyfer, a'r Community Health Council are, respectively, actually union ardaloedd y maent yn eu tro yn arfer eu established for and in respect of which they exercise swyddogaethau drostynt, wedi newid, ac fe'u gosodir their functions, have not changed and are set out at yn Atodlen 3 i'r Gorchymyn hwn. Schedule 3 to this Order. Mae erthygl 11 yn disgrifio swyddogaethau'r Article 11 describes the functions of the continued Cynghorau sy'n parhau. Councils. Mewn perthynas ag aelodaeth, cyfansoddiad, a In relation to the membership, constitution, and gweithdrefnau'r Cynghorau Iechyd Cymuned, gweler procedures of Community Health Councils, see the Rheoliadau'r Cynghorau Iechyd Cymuned Community Health Councils (Constitution, Membership (Cyfansoddiad, Aelodaeth a Gweithdrefnau) (Cymru) and Procedures) (Wales) Regulations 2010 (S.I. 2010 (O.S. 2010/288, (Cy.37)). 2010/288, (W.37)). 2 OFFERYNNAU STATUDOL WELSH STATUTORY CYMRU INSTRUMENTS 2010 Rhif 289 (Cy.38) 2010 No. 289 (W.38) Y GWASANAETH IECHYD NATIONAL HEALTH GWLADOL, CYMRU SERVICE, WALES Gorchymyn Cynghorau Iechyd The Community Health Councils Cymuned (Sefydlu, Trosglwyddo (Establishment, Transfer of Swyddogaethau a Diddymu) Functions and Abolition) (Wales) (Cymru) 2010 Order 2010 Gwnaed 9 Chwefror 2010 Made 9 February 2010 Gosodwyd gerbron Cynulliad Laid before the National Cenedlaethol Cymru 10 Chwefror 2010 Assembly for Wales 10 February 2010 Yn dod i rym 1 Ebrill 2010 Coming into force 1 April 2010 Mae Gweinidogion Cymru, drwy arfer y pwerau a The Welsh Ministers, in exercise of the powers roddwyd iddynt gan adrannau 182(2), (3) a 203(9) a conferred on them by sections 182(2), (3) and 203(9) (10)(a) o Ddeddf y Gwasanaeth Iechyd Gwladol and (10)(a) of, and Schedule 10 to, the National Health (Cymru) 2006(1) ac Atodlen 10 iddi, yn gwneud y Service (Wales) Act 2006(1) make the following Gorchymyn a ganlyn: Order: Enwi a chychwyn Title and commencement 1.–(1) Enw'r Gorchymyn hwn yw Gorchymyn 1.–(1) The title of this Order is The Community Cynghorau Iechyd Cymuned (Sefydlu, Trosglwyddo Health Councils (Establishment, Transfer of Functions Swyddogaethau a Diddymu) (Cymru) 2010. and Abolition) (Wales) Order 2010. (2) Daw'r Gorchymyn hwn i rym ar 1 Ebrill 2010. (2) This Order comes into force on 1 April 2010. Dehongli Interpretation 2. Yn y Gorchymyn hwn– 2. In this Order– ystyr "ardal Bwrdd Iechyd Lleol" ("Local Health "abolition date" ("y dyddiad diddymu") means 1 Board area") yw'r ardal o Gymru y sefydlir Bwrdd April 2010; Iechyd Lleol ar ei chyfer o dan erthygl 4 o Orchymyn Byrddau Iechyd Lleol (Sefydlu a "the Act" ("y Ddeddf") means the National Health Diddymu) (Cymru) 2009(2); Service (Wales) Act 2006; ystyr "ardal Bwrdd Iechyd Lleol Addysgu Powys" "Community Health Council area" ("ardal Cyngor ("Powys Teaching Local Health Board area") yw'r Iechyd Cymuned") means the area of Wales for ardal y sefydlir Bwrdd Iechyd Lleol Addysgu which a Community Health Council under article 3 Powys ar ei chyfer yn yr Atodlen i Orchymyn of this Order is established; Byrddau Iechyd Lleol (Sefydlu) (Cymru) 2003, fel "the continued Councils" ("y Cynghorau sy'n y'i diwygiwyd(3); (1) 2006 p.42. (1) 2006 c.42. (2) O.S. 2009/778 (Cy.66). (3) O.S. 2003/148 (Cy.18) fel y'i diwygiwyd gan O.S. 2009/778 (Cy.66). 3 ystyr "ardal Cyngor Iechyd Cymuned" ("Community parhau") means Brecknock and Radnor Health Council area") yw'r ardal o Gymru y sefydlir Community Health Council and Montgomeryshire Cyngor Iechyd Cymuned ar ei chyfer o dan erthygl 3 Community Health Council; o'r Gorchymyn hwn; "establishment date" ("y dyddiad sefydlu") means 1 ystyr "cyn Gyngor" ("former Council") yw Cyngor April 2010; a ddiddymir o dan erthygl 9 o'r Gorchymyn hwn; "former Council" ("cyn Gyngor") means a Council ystyr "y Cynghorau sy'n parhau" ("the continued which is abolished under article 9 of this Order; Councils") yw Cyngor Iechyd Cymuned Brycheiniog a Maesyfed a Chyngor Iechyd "Local Health Board area" ("ardal Bwrdd Iechyd Cymuned Maldwyn; Lleol") means the area of Wales for which a Local Health Board under article 4 of the Local Health ystyr "y Cynghorau newydd" ("new Councils") Boards (Establishment and Dissolution) (Wales) yw'r Cynghorau a sefydlir o dan erthygl 3 o'r Order 2009(1) is established; Gorchymyn hwn; "new Councils" ("y Cynghorau newydd") means ystyr "y dyddiad diddymu" ("abolition date") yw 1 the Councils established under article 3 of this Ebrill 2010; Order; ystyr "y dyddiad sefydlu" ("establishment date") "Powys Teaching Local Health Board area" ("ardal yw 1 Ebrill 2010; Bwrdd Iechyd Lleol Addysgu Powys") means the area for which Powys Teaching Local Health Board ystyr "y dyddiad trosglwyddo" ("transfer date") yw is established in the Schedule to the Local Health 1 Ebrill 2010; Boards (Establishment) (Wales) Order 2003, as ystyr "y Ddeddf" ("the Act") yw Deddf y amended(2); Gwasanaeth Iechyd Gwladol (Cymru) 2006; ac "the Regulations" ("y Rheoliadau") means the ystyr "y Rheoliadau" ("the Regulations") yw Community Health Councils (Constitution, Rheoliadau'r Cynghorau Iechyd Cymuned Membership and Procedures) (Wales) Regulations (Cyfansoddiad, Aelodaeth a Gweithdrefnau) (Cymru) 2010(3); and 2010(1). "transfer date" ("y dyddiad trosglwyddo") means 1 April 2010. Sefydlu Cynghorau Iechyd Cymuned Establishment of Community Health Councils 3.
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