Health and Social Care Bill (HC Bill 221)

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(3) Omit section 36(1), (3) and (4) of that Act (NHS trust to become NHS
foundation trust on being given authorisation but retain liabilities).

(4) For the title to section 36 of that Act substitute “Status etc. of NHS foundation
trusts”.

(5) 5For the cross-heading preceding section 33 of that Act substitute “Status etc. of
NHS foundation trusts”.

(6) Omit paragraph 19 of Schedule 7 to that Act and the preceding cross-heading
(initial directors of former NHS trust).

(7) Despite the preceding provisions of this section, sections 33, 35 and 36(1), (3)
10and (4) of, and paragraph 19 of Schedule 7 to, that Act continue to have effect
in the case of an NHS trust continuing in existence by virtue of section 182(5).

(8) The repeal by subsection (3) of section 36(4) of that Act does not affect the
continuity of anything continuing by virtue of that provision immediately
before the commencement of this section.

15Part 5 Public involvement and local government

CHAPTER 1 Public involvement

Healthwatch England

184 Healthwatch England

(1) 20The Health and Social Care Act 2008 is amended as follows.

(2) In Schedule 1 (the Care Quality Commission: constitution, etc.), in paragraph
6, after sub-paragraph (1) insert—

(1A) A committee of the Commission known as “the Healthwatch
England committee” is to be appointed in accordance with
25regulations.

(1B) The purpose of the Healthwatch England committee is to provide the
Commission or other persons with advice or assistance in
accordance with provision made by or under this or any other Act.

(1C) The provision that may be made by virtue of sub-paragraph (1A)
30includes provision as to—

(a) the removal or suspension of members of the committee;

(b) the payment of remuneration and allowances to members.

(3) In sub-paragraph (4) of that paragraph, after “advisory committee” insert “, the
Healthwatch England committee”.

(4) 35In Chapter 3 of Part 1 (quality of health and social care), before section 46 and

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the preceding cross-heading insert—

Advice given by Healthwatch England
45A Functions to be exercised by Healthwatch England

(1) The Commission has the functions set out in subsections (2) and (3), but
5must arrange for the Healthwatch England committee to exercise the
functions on its behalf.

(2) The function in this subsection is to provide Local Healthwatch
organisations with advice on and assistance in relation to—

(a) the making of arrangements under or in pursuance of section
10221(1) of the Local Government and Public Involvement in
Health Act 2007 (local care services);

(b) the carrying on by the organisations of activities specified in
section 221(2) of that Act.

(3) The function in this subsection is to provide the persons mentioned in
15subsection (4) with information and advice on—

(a) the views of people who use health or social care services and of
other members of the public on their needs for and experiences
of health and social care services, and

(b) the views of Local Healthwatch organisations and of other
20persons on the standard of provision of health and social care
services and on whether or how the standard could or should
be improved.

(4) The persons referred to in subsection (3) are—

(a) the Secretary of State;

(b) 25the National Health Service Commissioning Board;

(c) Monitor;

(d) English local authorities.

(5) A person provided with advice under subsection (3) must inform the
Healthwatch England committee in writing of its response or proposed
30response to the advice.

(6) The Healthwatch England committee may provide the Commission
with information and advice on the matters mentioned in subsection
(3)(a) and (b); and the Commission must inform the committee in
writing of its response or proposed response to the advice.

(7) 35The Commission must publish details of arrangements it makes under
subsection (1) (including details of payments of remuneration or other
amounts); and inclusion of the details in a report under section 83 is not
to be regarded as a discharge of the duty imposed by this subsection.

(8) In performing functions under this section, the Healthwatch England
40committee must have regard to such aspects of government policy as
the Secretary of State may direct.

45B Reports

(1) As soon as possible after the end of each financial year, the
Healthwatch England committee—

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(a) must make a report to the Commission (whether or not in
writing) on the matters mentioned in section 45A(3)(a) and (b),
and

(b) must publish a report on the way in which it has exercised
5during the year the functions exercisable by it.

(2) The committee must—

(a) lay before Parliament a copy of each report made under
subsection (1)(b), and

(b) send a copy of each such report to the Secretary of State.

(3) 10The committee may publish other reports at such times, and on such
matters relating to health or social care, as it thinks appropriate.

(4) Before publishing a report under subsection (1)(b), the committee must,
so far as practicable, exclude any matter which relates to the private
affairs of an individual the publication of which, in the committee’s
15opinion, would or might seriously and prejudicially affect that
individual’s interests.

(5) In this section, “financial year” means—

(a) the period beginning with the date on which the committee is
appointed and ending with the following 31 March, and

(b) 20each successive period of 12 months ending with 31 March.

(5) In section 82 (failure by Commission to discharge functions), after subsection
(1) insert—

(1A) The Secretary of State may give a direction to the Healthwatch England
committee if the Secretary of State considers that the committee—

(a) 25is failing or has failed to discharge a function under section 45A
or any other function it is required to discharge, or

(b) is failing or has failed properly to discharge a function under
that section or any other function it is required to discharge,

and that the failure is significant.

(6) 30In subsection (2) of that section—

(a) after “(1)” insert “or (1A)”, and

(b) after “the Commission” insert “or (as the case may be) the committee”.

(7) In subsection (2A) of that section (inserted by section 293), after “(1)” insert “or
(1A)”.

(8) 35In subsection (3) of that section—

(a) after “the Commission” insert “or the committee”, and

(b) after “(1)” insert “or (1A)”.

(9) In subsection (4) of that section (inserted by section 293), after “(1)” insert “,
(1A)”.

(10) 40For the title to that section substitute “Failure by the Commission or
Healthwatch England in discharge of functions”.

(11) In section 83 (reports for each financial year etc), after subsection (1) insert—

(1A) The reference in subsection (1)(a) to the Commission’s functions does
not include a reference to its functions under section 45A.

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(12) After subsection (2) of that section insert—

(2A) The reports under subsection (1)(b) and (c) must, in particular, set out
(and identify as such) the contents of the report made by the
Healthwatch England committee under section 45B(1)(a) in respect of
5the year concerned.

(13) In each of the following provisions, at the end of the entry for the Care Quality
Commission insert “and the Healthwatch England committee”—

(a) Part 2 of Schedule 1 to the Public Records Act 1958,

(b) Part 2 of Schedule 1 to the House of Commons Disqualification Act
101975,

(c) Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975.

(14) Where the Healthwatch England committee does not consist of or include all
the members of the Care Quality Commission, the committee is nonetheless to
15be treated as doing so for the purposes of section 2(1) of the Public Bodies
(Admission to Meetings) Act 1960.

Local Healthwatch organisations

185 Establishment and constitution

(1) Part 14 of the Local Government and Public Involvement in Health Act 2007
20(patient and public involvement in health and social care) is amended as
follows.

(2) For the cross-heading preceding section 221 substitute “Local Healthwatch
organisations”.

(3) Before that section (but after that cross-heading) insert—

220A 25Local Healthwatch organisations

(1) There is to be a  body known as a Local Healthwatch organisation for
the area of each local authority, the main purpose of which is to carry
on activities in that area in accordance with this Part.

(2) Schedule 16A (further provision about Local Healthwatch
30organisations) has effect.

(4) After Schedule 16, insert the Schedule 16A set out in Schedule 15 to this Act.

(5) In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, after
paragraph (bk) insert—

(bl) Local Healthwatch organisations;.

(6) 35In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, at
the appropriate place insert—

  • A Local Healthwatch organisation.

(7) In Part 2 of Schedule 1 to the Northern Ireland Disqualification Act 1975, at the
appropriate place insert—

  • 40A Local Healthwatch organisation.

(8) In section 65H of the National Health Service Act 2006 (de-authorisation of
NHS foundation trusts: consultation requirements), in subsection (8)(e)—

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(a) before “in pursuance of” insert “under or”, and

(b) for “local involvement networks” substitute “Local Healthwatch
organisations”.

(9) In section 4 of the Health and Social Care Act 2008 (matters to which the Care
5Quality Commission must have regard)—

(a) in subsection (1)(c), for “local involvement networks” substitute “Local
Healthwatch organisations”, and

(b) omit subsection (3).

(10) In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public sector
10equality duty), after the entry for the Health Service Commissioner for
England insert—

  • A Local Healthwatch organisation.

186 Activities relating to local care services

(1) Section 221 of the Local Government and Public Involvement in Health Act
152007 (health services and social services) is amended as follows.

(2) In subsection (2), omit the “and” preceding paragraph (d).

(3) At the end of that paragraph, insert “and to the Healthwatch England
committee of the Care Quality Commission.”

(4) After that paragraph insert—

(e) 20providing advice and information about access to local care
services and about choices that may be made with respect to
aspects of those services;

(f) reaching views on the matters mentioned in subsection (3) and
making those views known to the Healthwatch England
25committee of the Care Quality Commission;

(g) making recommendations to that committee to advise the
Commission about special reviews or investigations to conduct
(or, where the circumstances justify doing so, making such
recommendations direct to the Commission); and

(h) 30giving that committee such assistance as it may require to
enable it to carry out its functions effectively, efficiently and
economically.

(5) In subsection (3), after “(2)(b)” insert “and (f)”.

(6) After that subsection insert—

(3A) 35A person to whom views are made known or reports or
recommendations are made under subsection (2)(d) must, in exercising
any function relating to care services, have regard to the views, reports
or recommendations.

(7) For the title to section 221 substitute “Health services and social services: local
40arrangements”.

187 Local authority arrangements

(1) Section 222 of the Local Government and Public Involvement in Health Act
2007 (arrangements under section 221 of that Act) is amended as follows.

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(2) For subsection (2) substitute—

(2) The arrangements must secure that the Local Healthwatch organisation
for A’s area, under or in pursuance of the arrangements, carries on in
A’s area activities specified in section 221(2) for that area.

(3) 5In subsection (3), for “a person (“H”)” substitute “a Local Healthwatch
organisation or with a person”.

(4) Omit subsection (4).

(5) For subsection (5) substitute—

(5) The arrangements may (in particular) make provision as respects co-
10operation between the Local Healthwatch organisation for the area and
one or more other Local Healthwatch organisations.

(6) After subsection (7) insert—

(7A) A must exercise its functions under this Part so as to secure that the
arrangements—

(a) 15operate effectively, and

(b) represent value for money.

(7B) A must publish a report of its findings in seeking to secure the objective
mentioned in subsection (7A).

(7) Omit subsection (8).

(8) 20Section 223 of that Act (power to make further provision about local authority
arrangements) is amended as follows.

(9) In subsection (1)—

(a) after the second “must” insert

(a) include prescribed provision, or

(b), and 25

(b) for “local involvement network arrangements” substitute “Local
Healthwatch arrangements”.

(10) In subsection (2)—

(a) after “must” insert “include or”,

(b) 30for “local involvement network arrangements” substitute “Local
Healthwatch arrangements”, and

(c) in paragraphs (a), (c) and (d), for “a local involvement network”
substitute “a Local Healthwatch organisation”.

(11) In subsection (3)—

(a) 35omit the definition of “a local involvement network”, and

(b) for the definition of “local involvement network arrangements”
substitute—

  • “Local Healthwatch arrangements”, in relation to local
    authority arrangements, means arrangements made in
    40pursuance of the local authority arrangements.

188 Independent advocacy services

(1) After section 223 of the Local Government and Public Involvement in Health

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Act 2007 insert—

223A Independent advocacy services

(1) Each local authority must make such arrangements as it considers
appropriate for the provision of independent advocacy services.

(2) 5In this section, “independent advocacy services” means services
providing assistance (by way of representation or otherwise) to persons
making or intending to make—

(a) a complaint under a procedure operated by a health service
body or independent provider;

(b) 10a complaint under section 113(1) or (2) of the Health and Social
Care (Community Health and Standards) Act 2003;

(c) a complaint to the Health Service Commissioner for England or
the Public Service Ombudsman for Wales; or

(d) a complaint of such description as the Secretary of State may by
15regulations prescribe which relates to the provision of services
as part of the health service and—

(i) is made under a procedure of a description prescribed in
the regulations, or

(ii) gives rise, or may give rise, to proceedings of a
20description prescribed in the regulations.

(3) Each local authority may make such other arrangements as it considers
appropriate for the provision of services providing assistance to
individuals in connection with complaints relating to the provision of
services as part of the health service.

(4) 25Arrangements under this section may not provide for a person to make
arrangements for the provision of services by a Local Healthwatch
organisation.

(5) Where arrangements under this section provide for the Local
Healthwatch organisation for the authority’s area to provide services—

(a) 30the arrangements are to be treated for the purposes of this Part
as arrangements made under section 221(1), and

(b) the provision of the services is to be treated for those purposes
as an activity specified in section 221(2).

(6) In making arrangements under this section, a local authority must have
35regard to the principle that the provision of services under or in
pursuance of the arrangements should, so far as practicable, be
independent of any person who is—

(a) the subject of a relevant complaint; or

(b) involved in investigating or adjudicating on such a complaint.

(7) 40A local authority may make payments to any person providing services
under or in pursuance of arrangements under this section and to any
person arranging for the provision of services in pursuance of such
arrangements.

(8) But subsection (7) does not apply in a case where the person is a person
45to whom, by virtue of subsection (5), payment may be made under
section 222(6)).

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(9) The Secretary of State may by regulations make provision requiring a
person providing services under or in pursuance of arrangements
under this section to have cover against the risk of a claim in negligence
arising out of the provision of the services.

(10) 5In this section—

  • “the health service” has the same meaning as in the National
    Health Service Act 2006;

  • “health service body” means—

    (a)

    in relation to England, a body which, under section 2(1)
    10of the Health Service Commissioners Act 1993, is subject
    to investigation by the Health Service Commissioner for
    England;

    (b)

    in relation to Wales, a Welsh health service body (within
    the meaning of the Public Services Ombudsman (Wales)
    15Act 2005);

  • “independent provider” means—

    (a)

    in relation to England, a person who, under section
    2B(1) of the Health Service Commissioners Act 1993, is
    subject to investigation by the Health Service
    20Commissioner for England;

    (b)

    in relation to Wales, a person who is an independent
    provider in Wales (within the meaning of the Public
    Services Ombudsman (Wales) Act 2005).

(2) Omit section 248 of the National Health Service Act 2006 (arrangements by the
25Secretary of State for the provision of independent advocacy arrangements).

(3) In section 134 of the Mental Health Act 1983 (correspondence of patients), in
subsection (3A)(b)(ii), for “section 248 of the National Health Service Act 2006”
substitute “section 223A of the Local Government and Public Involvement in
Health Act 2007”.

(4) 30In section 59 of the Safeguarding Vulnerable Groups Act 2006 (vulnerable
adults), in subsection (10)(e), for “section 248 of the National Health Service Act
2006 (c. 41)2006 (c. 41)” substitute “section 223A of the Local Government and Public
Involvement in Health Act 2007”.

189 Requests, rights of entry and referrals

(1) 35Section 224 of the Local Government and Public Involvement in Health Act
2007 (duties of services-providers to respond to requests for information etc.)
is amended as follows.

(2) In subsection (1), in paragraphs (a) and (b), for “a local involvement network”
substitute “a Local Healthwatch organisation”.

(3) 40For subsection (3) substitute—

(3) For the purposes of subsection (1), something is done by a Local
Healthwatch organisation if it is done by that organisation in the
carrying-on, under or in pursuance of arrangements made under
section 221(1), of activities specified in section 221(2).

(4) 45For the title to that section substitute “Duties of services-providers to respond
to Local Healthwatch organisations”.

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(5) Section 225 of that Act (duties of services-providers to allow entry to premises)
is amended as follows.

(6) In subsection (2), in paragraph (f), and in subsection (5), for “a local
involvement network” substitute “a Local Healthwatch organisation”.

(7) 5In subsection (4), in paragraph (a), after “arrangements made under” insert “or
in pursuance of”.

(8) Omit subsection (6).

(9) For the title to that section substitute “Duties of services-providers to allow
entry by Local Healthwatch organisations”.

(10) 10Section 226 of that Act (referrals of social care matters) is amended as follows.

(11) In subsections (1) and (5), for “a local involvement network” substitute “a Local
Healthwatch organisation”.

(12) For subsection (7) substitute—

(7) For the purposes of this section, something is done by a Local
15Healthwatch organisation if it is done by that organisation in the
carrying-on, under or in pursuance of arrangements made under
section 221(1), of activities specified in section 221(2).

(13) For the title to that section substitute “Referrals of social care matters”.

190 Dissolution and transfer schemes

(1) 20After section 226 of the Local Government and Public Involvement in Health
Act 2007 insert—

226A Dissolution and transfer schemes

(1) The Secretary of State may, whether on an application by the
Healthwatch England committee and a local authority or on the
25Secretary of State’s own initiative, by order dissolve the Local
Healthwatch organisation for the authority’s area if the Secretary of
State is satisfied that the circumstances require dissolution.

(2) The Secretary of State may, in a case of dissolution by virtue of
subsection (1), make a scheme for the transfer of property, rights and
30liabilities to the body established in consequence of section 220A as the
Local Healthwatch organisation for the area concerned.

(3) A scheme under this section may make provision for rights and
liabilities relating to an individual’s contract of employment; and the
scheme may, in particular, make provision which is the same or similar
35to provision in the Transfer of Undertakings (Protection of
Employment) Regulations 2006 (S.I. 2006/246S.I. 2006/246).

(4) A scheme under this section may provide for the transfer of property,
rights and liabilities—

(a) whether or not they would otherwise be capable of being
40transferred or assigned;

(b) irrespective of any requirement for consent that would
otherwise apply.

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(5) A scheme under this section may create rights, or impose liabilities, in
relation to property, rights and liabilities transferred by virtue of the
scheme.

(6) A scheme under this section may provide for things done by or in
5relation to the transferor for the purposes of or in connection with
anything transferred by the scheme to be—

(a) treated as done by or in relation to the transferee or its
employees;

(b) continued by or in relation to the transferee or its employees.

(7) 10A scheme under this section may in particular make provision about
continuation of legal proceedings.

(8) A scheme under this section may include supplementary, incidental
and consequential provision.

(9) In this section, “the Healthwatch England committee” means the
15Healthwatch England committee of the Care Quality Commission.

(2) In section 240(7) (orders not subject to Parliamentary procedure)—

(a) omit the “or” following paragraph (a), and

(b) after that paragraph insert—

(aa) an order under section 226A, or.

191 20Annual reports

(1) Section 227 of the Local Government and Public Involvement in Health Act
2007 (annual reports) is amended as follows.

(2) In subsection (2), after “by a local authority with” insert “a Local Healthwatch
organisation or with”.

(3) 25In that subsection, in paragraph (a)—

(a) in sub-paragraph (i)—

(i) after “requiring” insert “(whether the arrangements are made
with a Local Healthwatch organisation or with H)”,

(ii) for “local involvement network” substitute “Local Healthwatch
30organisation”,

(iii) for “the network”, in each place it appears, substitute “the
organisation”, and

(iv) after “carried on” insert “under or (as the case may be)”,

(b) after that sub-paragraph insert “and”,

(c) 35in sub-paragraph (ii)—

(i) after “requiring” insert “(where the arrangements are made
with H)”,

(ii) for “local involvement network” substitute “Local Healthwatch
organisation”, and

(iii) 40for “the network” substitute “the organisation”, and

(d) omit sub-paragraph (iii) and the preceding “and”.

(4) After that subsection insert—

(2A) Provision under subsection (2)(a)(ii) is not to be taken as requiring H to
prepare a report in relation to the provision by the Local Healthwatch