Health and Social Care Bill (HL Bill 92)

(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.”

182 Independent advocacy services

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

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 in
5relation to its area.

(2) In 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
10body or independent provider;

(b) a 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) 15a complaint of such description as the Secretary of State may by
regulations 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) 20gives rise, or may give rise, to proceedings of a
description prescribed in the regulations.

(3) Each local authority may make such other arrangements as it considers
appropriate for the provision of services in relation to its area providing
assistance to individuals in connection with complaints relating to the
25provision of services as part of the health service.

(4) Arrangements 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
30Healthwatch organisation for the authority’s area to provide services—

(a) the 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) 35In making arrangements under this section, a local authority must have
regard 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) 40involved in investigating or adjudicating on such a complaint.

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

(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) 5The Secretary of State may give directions to a local authority about the
exercise of its functions under this section.

(11) A direction under subsection (10) may be varied or revoked.

(12) In this section—

• “the health service” has the same meaning as in the National
  10Health Service Act 2006;

• “health service body” means—

  (a)

  in relation to England, a body which, under section 2(1)
  of the Health Service Commissioners Act 1993, is subject
  to investigation by the Health Service Commissioner for
  15England;

  (b)

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

• “independent provider” means—

  (a)

  20in 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
  Commissioner for England;

  (b)

  in relation to Wales, a person who is an independent
  25provider 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
Secretary of State for the provision of independent advocacy arrangements).

(3) In section 134 of the Mental Health Act 1983 (correspondence of patients), in
30subsection (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) In section 59 of the Safeguarding Vulnerable Groups Act 2006 (vulnerable
adults), in subsection (10)(e), for “section 248 of the National Health Service Act
35 2006 (c. 41)2006 (c. 41)” substitute “section 223A of the Local Government and Public
Involvement in Health Act 2007”.

183 Requests, rights of entry and referrals

(1) Section 224 of the Local Government and Public Involvement in Health Act
2007 (duties of services-providers to respond to requests for information etc.)
40is amended as follows.

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

(3) For subsection (3) substitute—

“(3) For the purposes of subsection (1), something is done by a Local
45Healthwatch organisation if it is done by that organisation—

(a) in the carrying-on, under or in pursuance of arrangements
made under section 221(1), of activities specified in section
221(2), or

(b) for the purposes of subsection (1)(a) only, in the discharge of its
5duty under paragraph 6(5) of Schedule 16A.”

(4) In the title to that section, for “local involvement networks” substitute “Local
Healthwatch organisations”.

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

(6) 10In subsection (2), in paragraph (f), and in subsection (5), for “a local
involvement network” substitute “a Local Healthwatch organisation”.

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

(8) Omit subsection (6).

(9) 15For the title to that section substitute “Duties of services-providers to allow
entry by Local Healthwatch organisations”.

(10) Section 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) 20For subsection (7) substitute—

“(7) For the purposes of this section, 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).”

(13) 25For the title to that section substitute “Referrals of social care matters”.

184 Dissolution and transfer schemes

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

“226A Dissolution and transfer schemes

(1) 30The Secretary of State may, whether on an application by the
Healthwatch England committee and a local authority or on the
Secretary 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) 35The Secretary of State may, in a case of dissolution by virtue of
subsection (1), make a scheme for the transfer of property, rights and
liabilities 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
40liabilities relating to an individual’s contract of employment; and the
scheme may, in particular, make provision which is the same or similar
to 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
transferred or assigned;

(b) 5irrespective of any requirement for consent that would
otherwise apply.

(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) 10A scheme under this section may provide for things done by or in
relation 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) 15continued by or in relation to the transferee or its employees.

(7) A 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) 20In this section, “the Healthwatch England committee” means the
Healthwatch 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) 25an order under section 226A, or”.

185 Annual 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
30organisation or with”.

(3) In 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) 35for “local involvement network” substitute “Local Healthwatch
organisation”,

(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) 40after that sub-paragraph insert “and”,

(c) in sub-paragraph (ii)—

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

(ii) for “local involvement network” substitute “Local Healthwatch
45organisation”, and

(iii) for “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
5prepare a report in relation to the provision by the Local Healthwatch
organisation concerned of services under arrangements made under
section 223A.”

(5) In subsection (3)—

(a) after paragraph (a) insert “and”,

(b) 10in paragraph (b)—

(i) omit the words from “, if it is” to “(2)(a)(ii)),”, and

(ii) in sub-paragraph (i), for “H in respect of the network” substitute
“the Local Healthwatch organisation or H in respect of the
organisation”, and

(c) 15omit paragraph (c) and the preceding “and”.

(6) In subsection (4)—

(a) after paragraph (a) insert—

“(aa) the National Health Service Commissioning Board;

(ab) each clinical commissioning group, whose area or any
20part of whose area falls within the area of the local
authority;”;

(b) after paragraph (ca) insert—

“(cb) the Healthwatch England committee of the Care Quality
Commission;”, and

(c) 25omit paragraph (d) (but not the following “and”).

(7) In subsection (5)—

(a) in paragraph (a)—

(i) omit the words from the beginning to “(2)(a)(ii)),”,

(ii) for “the network” substitute “the Local Healthwatch
30organisation”, and

(iii) after “carried on” insert “under or”, and

(b) omit paragraph (b) and the “and” preceding it.

(8) Omit subsections (6) to (8).

(9) For the title to section 227 substitute “Local Healthwatch organisations: annual
35reports”.

186 Transitional arrangements

(1) This section applies where arrangements made under section 221 of the Local
Government and Public Involvement in Health Act 2007 (“the 2007 Act”)
before the commencement of this Chapter provide for the arrangements to
40come to an end at a time that falls after that commencement.

(2) The Secretary of State may make a scheme providing for the transfer from the
person with whom the local authority in question made the arrangements of
property, rights and liabilities to the body established in consequence of
section 220A of the 2007 Act (as inserted by section 179 of this Act) as the Local
45Healthwatch organisation for the local authority’s area.

(3) A scheme under this section may include any provision which may be made in
a scheme under section 226A of the 2007 Act (inserted by section 184).

(4) A scheme under this section may include provision requiring the local
authority to pay compensation to the transferor; and for that purpose the
5scheme may—

(a) impose a duty on the local authority to determine the amount of the
compensation;

(b) confer power on the Secretary of State to do so.

(5) Omit section 228 of the Local Government and Public Involvement in Health
10Act 2007 (previous transitional arrangements).

CHAPTER 2 Local government

Scrutiny functions of local authorities

187 Scrutiny functions of local authorities

(1) Section 244 of the National Health Service Act 2006 is amended as follows.

(2) 15In subsection (2)—

(a) omit “an overview and scrutiny committee of”,

(b) for “the committee” (in each place where it occurs) substitute “the
authority”,

(c) for “local NHS bodies” (in each place where it occurs) substitute
20“relevant NHS bodies or relevant health service providers”,

(d) for “local NHS body” (in each place where it occurs except paragraph
(f)) substitute “relevant NHS body or relevant health service provider”,

(e) omit the words in brackets in paragraph (c), and

(f) in subsection (f) for “any officer of a local NHS body” substitute “any
25member or employee of a relevant NHS body, or a relevant health
service provider or member or employee of a relevant health service
provider,”.

(3) After subsection (2) insert—

“(2ZA) If (by virtue of subsection (2)(c)) regulations make provision as to
30matters on which relevant NHS bodies or relevant health service
providers must consult the authority, the regulations may also make
provision—

(a) as to circumstances in which the authority may refer any of
those matters to the Secretary of State, the regulator or the
35Board;

(b) conferring powers on the Secretary of State to give directions to
the Board in relation to a matter referred to the Secretary of State
by virtue of regulations under paragraph (a);

(c) conferring powers on the Board to give directions to a clinical
40commissioning group in relation to a matter so referred;

(d) conferring powers on the Board to give directions to a clinical
commissioning group in relation to a matter referred to the
Board by virtue of regulations under paragraph (a);

(e) conferring powers on the Secretary of State to give directions to
the Board as to the exercise of its powers by virtue of regulations
under paragraph (c) or (d).

(2ZB) The powers that may be conferred under any of paragraphs (b) to (d) of
5subsection (2ZA) include powers to require the person to whom the
direction is given—

(a) to consult (or consult further) with the authority on the matter
in question;

(b) to determine the matter in a particular way;

(c) 10to take, or not to take, any other steps in relation to the matter.

(2ZC) If (by virtue of subsection (2ZA)(a)) regulations make provision for an
authority to refer a matter to the Secretary of State, the regulator or the
Board, the regulations may also provide for any provision of section
101 of the Local Government Act 1972—

(a) 15not to apply in relation to the discharge by the authority of that
function, or

(b) to apply in relation to its discharge with such modifications as
may be prescribed.

(2ZD) Any functions conferred on a local authority by regulations under this
20section are not to be the responsibility of an executive of the authority
under executive arrangements (within the meaning of Part 1A of the
Local Government Act 2000).

(2ZE) Regulations under this section may authorise a local authority to
arrange for its functions under the regulations to be discharged by an
25overview and scrutiny committee of the authority.”

(4) For subsection (3) substitute—

“(3) For the purposes of subsections (2) and (2ZA)—

• “relevant NHS body”, in relation to an authority to which this
  section applies, means an NHS body other than a Special Health
  30Authority which is prescribed for those purposes in relation to
  the authority;

• “relevant health service provider”, in relation to an authority to
  which this section applies, means a body or person which—

  (a)

  provides services in pursuance of arrangements made—

  (i)

  35by the Board or a clinical commissioning group
  under section 3, 3A, 3B or 4 or Schedule 1,

  (ii)

  by a local authority for the purpose of the
  exercise of its functions under or by virtue of
  section 2B or 6C(1) or Schedule 1, or

  (iii)

  40by the Board, a clinical commissioning group or
  a local authority by virtue of section 7A, and

  (b)

  is prescribed, or is of a description prescribed, for those
  purposes in relation to the authority.”

(5) After subsection (3) insert—

“(3A) 45In subsection (2)(f) “member”—

(a) in relation to a clinical commissioning group, includes a person
who is not a member of the group but is a member of a
committee or sub-committee of it;

(b) in relation to a relevant health service provider which is a body
corporate, includes a person who is not a member of the body
but is a director of it;

(c) in relation to an NHS trust, means a director of the trust;

(d) 5in relation to an NHS foundation trust, means a director or
governor of the trust.

(3B) For the purposes of subsection (2)(f)—

(a) a member of a body which is a member of a clinical
commissioning group or relevant health service provider is to
10be treated as a member of the group or (as the case may be)
relevant health service provider, and

(b) an employee of a body which is a member of a clinical
commissioning group or relevant health service provider is to
be treated as an employee of the group or (as the case may be)
15relevant health service provider.”

(6) For the heading to section 244 substitute “Review and scrutiny by local
authorities”.

(7) For the title to Chapter 3 of Part 12 of the National Health Service Act 2006
substitute “Review and scrutiny by local authorities”.

(8) 20Until the coming into force of paragraph 26 of Schedule 3 to the Localism Act
2011, section 21 of the Local Government Act 2000 (overview and scrutiny
committees) is amended as follows—

(a) in subsection (2)(f)—

(i) omit “section 244 of the National Health Service Act 2006 or”,

(ii) 25for “either of those sections” substitute “that section”,

(iii) for “the Act concerned” substitute “that Act”, and

(iv) for “the section concerned” substitute “that section”,

(b) omit subsection (2A)(a) and (b), and

(c) in subsection (4) at the end insert “or under section 244(2ZE) of the
30National Health Service Act 2006.”

(9) In section 9F of the Local Government Act 2000 (overview and scrutiny
committees) (as inserted by Schedule 2 to the Localism Act 2011)—

(a) omit subsection (2)(f),

(b) omit subsection (3)(a) and (b), and

(c) 35in subsection (5) omit the word “or” following paragraph (b) and after
paragraph (c) insert “or

(d) any functions which may be conferred on it by virtue of
regulations under section 244(2ZE) of the National
Health Service Act 2006 (local authority scrutiny of
40health matters).”

188 Amendments consequential on section 187

(1) Section 245 of the National Health Service Act 2006 (joint overview and
scrutiny committees) is amended in accordance with subsections (2) to (4).

(2) In subsection (1) for the words from “relevant functions” to the end of the
45subsection substitute ““relevant functions” means functions under regulations
under section 244(2) to (2ZC).”.

(3) After subsection (4) insert—

“(4A) The regulations may provide that, where a relevant function in relation
to a local authority is exercisable by a joint overview and scrutiny
committee by virtue of arrangements under regulations under
5subsection (2)(a), the local authority may not discharge the function.”

(4) Omit subsections (5) and (9).

(5) Section 246 of that Act (exempt information) is amended in accordance with
subsections (6) to (8).

(6) In subsection (1) for the words from “a meeting of” to the end of the subsection
10substitute “a meeting of a local authority or a committee of a local authority
which is an item relating to functions of the authority under regulations under
section 244(2) to (2ZC).”

(7) In subsection (5) for “overview and scrutiny committees” substitute “local
authorities”.

(8) 15In the heading to section 246 for “Overview and scrutiny committees”
substitute “Business relating to functions of local authorities by virtue of
section 244”.

(9) Section 247 of that Act (application to the City of London) is amended in
accordance with subsections (10) to (12).

(10) 20For subsection (1) substitute—

“(1) This section applies to a committee of the Common Council appointed
to exercise functions that the Council has under regulations under
section 244(2) to (2ZC).”

(11) In subsection (2), for the words from the beginning to “apply” substitute
25“Section 245(2)(b) and (c) applies”.

(12) In subsection (4)—

(a) for “subsections (2) to (3A)” substitute “subsections (3) and (3A)”, and

(b) for the words from “in the case of the committee” to the end of the
subsection substitute “in the case of a committee to which this section
30applies, references to functions under regulations under section 244(2)
to (2ZC) which are exercisable by the committee.”

(13) In consequence of the amendments made by subsections (2) and (6),
paragraphs 84(2) and 85 of Schedule 3 to the Localism Act 2011 are omitted.

Joint strategic needs assessments and strategies

189 35Joint strategic needs assessments

(1) Section 116 of the Local Government and Public Involvement in Health Act
2007 (health and social care: joint strategic needs assessments) is amended as
follows.

(2) In subsection (4), for paragraph (b) substitute—

“(b) 40each of its partner clinical commissioning groups,”.

(3) In subsection (6)—