Health and Social Care Bill (HL Bill 119)

(d) report to the Secretary of State on the action it has taken in
35pursuance of a direction given under any of the preceding
paragraphs.

(5) A local authority may terminate the appointment of its director of
public health.

(6) Before terminating the appointment of its director of public health, a
40local authority must consult the Secretary of State.

(7) In this section, “local authority” has the same meaning as in section 2B.”

30 Exercise of public health functions of local authorities

In Part 3 of the National Health Service Act 2006 after section 73A insert—

“73B Exercise of public health functions of local authorities: further
provision

(1) 5A local authority must, in the exercise of any functions mentioned in
subsection (2), have regard to any document published by the Secretary
of State for the purposes of this section.

(2) The functions mentioned in this subsection are—

(a) the exercise by the authority of its functions under section 2B,
10111 or 249 or Schedule 1,

(b) the exercise by the authority of its functions by virtue of section
6C,

(c) anything done by the authority in pursuance of arrangements
under section 7A,

(d) 15the functions of the authority under section 325 of the Criminal
Justice Act 2003, and

(e) such other functions relating to public health as may be
prescribed.

(3) The Secretary of State may give guidance to local authorities as to the
20exercise of any functions mentioned in subsection (2).

(4) The director of public health for a local authority must prepare an
annual report on the health of the people in the area of the local
authority.

(5) The local authority must publish the report.

(6) 25In this section, “local authority” has the same meaning as in section 2B.”

31 Complaints about exercise of public health functions by local authorities

In Part 3 of the National Health Service Act 2006 (local authorities and the
NHS) after section 73B insert—

“73C Complaints about exercise of public health functions by local
30authorities

(1) Regulations may make provision about the handling and consideration
of complaints made under the regulations about —

(a) the exercise by a local authority of any of its public health
functions;

(b) 35the exercise by a local authority of its functions by virtue of
section 6C;

(c) anything done by a local authority in pursuance of
arrangements made under section 7A;

(d) the exercise by a local authority of any of its other functions—

(i) 40which relate to public health, and

(ii) for which its director of public health has responsibility;

(e) the provision of services by another person in pursuance of
arrangements made by a local authority in the exercise of any
function mentioned in paragraphs (a) to (d).

(2) The regulations may provide for a complaint to be considered by one
or more of the following—

(a) the local authority in respect of whose functions the complaint
is made;

(b) 5an independent panel established under the regulations;

(c) any other person or body.

(3) The regulations may provide for a complaint or any matter raised by a
complaint—

(a) to be referred to a Local Commissioner under Part 3 of the Local
10Government Act 1974 for the Commissioner to consider
whether to investigate the complaint or matter under that Part;

(b) to be referred to any other person or body for that person or
body to consider whether to take any action otherwise than
under the regulations.

(4) 15Where the regulations make provision under subsection (3)(a) they
may also provide for the complaint to be treated as satisfying sections
26A and 26B of the Act of 1974.

(5) Section 115 of the Health and Social Care (Community Health and
Standards) Act 2003 (health care and social services complaints
20regulations: supplementary) applies in relation to regulations under
this section as it applies in relation to regulations under subsection (1)
of section 113 of that Act.

(6) In this section, “local authority” has the same meaning as in section 2B.”

Abolition of Strategic Health Authorities and Primary Care Trusts

32 25Abolition of Strategic Health Authorities

(1) The Strategic Health Authorities continued in existence or established under
section 13 of the National Health Service Act 2006 are abolished.

(2) Chapter 1 of Part 2 of that Act (Strategic Health Authorities) is repealed.

33 Abolition of Primary Care Trusts

(1) 30The Primary Care Trusts continued in existence or established under section 18
of the National Health Service Act 2006 are abolished.

(2) Chapter 2 of Part 2 of that Act (Primary Care Trusts) is repealed.

Functions relating to fluoridation of water

34 Fluoridation of water supplies

(1) 35Chapter 4 of Part 3 of the Water Industry Act 1991 (fluoridation), as amended
by the Water Act 2003, is amended as follows.

(2) In section 87 (fluoridation of water supplies at request of relevant authorities),
in subsection (3)(a) for sub-paragraph (i) substitute—

“(i) in relation to areas in England, are to the Secretary of
40State;”.

(3) After subsection (3) of that section insert—

“(3A) The Secretary of State may make a request under subsection (1) only if
the Secretary of State is required to do so by section 88G(2) (following
the making of a fluoridation proposal in accordance with section 88B).”

(4) 5In subsection (4) of that section, for paragraph (a) substitute—

“(a) in relation to England, such area as the Secretary of State
considers appropriate for the purpose of complying with
section 88G(2);”.

(5) After subsection (7) of that section insert—

“(7A) 10The Secretary of State must, in relation to the terms to be included in
any arrangements under this section, consult any local authority whose
area includes, coincides with or is wholly or partly within the specified
area.

(7B) In this section and the following provisions of this Chapter “local
15authority” means—

(a) a county council in England;

(b) a district council in England, other than a council for a district
in a county for which there is a county council;

(c) a London borough council;

(d) 20the Common Council of the City of London.”

(6) After subsection (7B) of that section (as inserted by subsection (5) above)
insert—

“(7C) If the Secretary of State and the Welsh Ministers request a particular
water undertaker to enter into arrangements in respect of adjoining
25areas—

(a) they must co-operate with each other so as to secure that the
arrangements (taken together) are operable and efficient; and

(b) if suitable terms are not agreed for all the arrangements, a
combined reference may be made by them under section 87B
30below to enable the terms of each set of arrangements to be
determined so that they are consistent.

(7D) If the Secretary of State requests a water undertaker to vary
arrangements for an area which adjoins an area in respect of which the
Welsh Ministers have made arrangements with the same water
35undertaker, the Secretary of State must co-operate with the Welsh
Ministers so as to secure that following the variation the arrangements
(taken together) will be operable and efficient.

(7E) If the Welsh Ministers request a water undertaker to vary arrangements
for an area which adjoins an area in respect of which the Secretary of
40State has made arrangements with the same water undertaker, the
Welsh Ministers must co-operate with the Secretary of State so as to
secure that following the variation the arrangements (taken together)
will be operable and efficient.

(7F) If suitable terms are not agreed for a variation to which subsection (7D)
45or (7E) applies, a combined reference may be made by the Secretary of
State and the Welsh Ministers under section 87B below so that
(following the variation) both sets of arrangements are consistent.”