Health and Social Care Bill

Session 2010 - 12
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Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 1 — Public involvement
181

(6)
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)
each successive period of 12 months ending with 31 March.”
(5)
In section 82 (failure by Commission to discharge functions), after subsection
5
(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)
is failing or has failed to discharge a function under section 45A
or any other function it is required to discharge, or
10
(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)
In subsection (2) of that section—
(a)
after “(1)” insert “or (1A)”, and
15
(b)
after “the Commission” insert “or (as the case may be) the committee”.
(7)
In subsection (2A) of that section (inserted by section 294), after “(1)” insert “or
(1A)”.
(8)
In subsection (3) of that section—
(a)
after “the Commission” insert “or the committee”, and
20
(b)
after “(1)” insert “or (1A)”.
(9)
In subsection (4) of that section (inserted by section 294), after “(1)” insert “,
(1A)”.
(10)
For the title to that section substitute “Failure by the Commission or
Healthwatch England in discharge of functions”.
25
(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.”
(12)
After subsection (2) of that section insert—
“(2A)
The reports under subsection (1)(b) and (c) must, in particular, set out
30
(and identify as such) the contents of the report made by the
Healthwatch England committee under section 45C(1)(a) in respect of
the 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”—
35
(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
1975, and
(c)
Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975.
40
(14)
The Healthwatch England committee is to be treated for the purposes of
section 2(1) of the Public Bodies (Admission to Meetings) Act 1960 as a body
that includes all the members of the Care Quality Commission.

Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 1 — Public involvement
182

Local Healthwatch organisations
182
Activities relating to local care services
(1)
Section 221 of the Local Government and Public Involvement in Health Act
2007 (health services and social services) is amended as follows.
(2)
In subsection (2)—
5
(a)
in each of paragraphs (a) to (c), before “people” insert “local”, and
(b)
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—
10
“(e)
providing 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
15
committee 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);
20
(h)
making recommendations to that committee to publish reports
under section 45C(3) of the Health and Social Care Act 2008
about particular matters; and
(i)
giving that committee such assistance as it may require to
enable it to carry out its functions effectively, efficiently and
25
economically.”
(5)
In subsection (3), after “(2)(b)” insert “and (f)”.
(6)
After that subsection insert—
“(3A)
A person to whom views are made known or reports or
recommendations are made under subsection (2)(d) must, in exercising
30
any function relating to care services, have regard to the views, reports
or recommendations.”
(7)
After subsection (3A) insert—
“(3B)
Each local authority must ensure that only one set of arrangements
under subsection (1) in relation to its area is in force at any one time.”
35
(8)
In subsection (6), after the definition of “local care services” insert—
““local people”, in relation to a local authority, means—
(a)
people who live in the local authority’s area,
(b)
people to whom care services are being or may be
provided in that area,
40
(c)
people from that area to whom care services are being
provided in any place, and
(d)
people who are (taken together) representative of the
people mentioned in paragraphs (a) to (c);”.

Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 1 — Public involvement
183

(9)
In the title to section 221, omit “: local involvement networks”.
(10)
For the cross-heading preceding that section substitute “Local arrangements”.
(11)
After section 45C of the Health and Social Care Act 2008 (inserted by section
181(4)), insert—
“45D
Granting licence to use trade mark
5
(1)
The Commission may grant a Local Healthwatch organisation a licence
authorising the use, in relation to the carrying on of activities under
arrangements made under section 221(1) of the Local Government and
Public Involvement in Health Act 2007, of a registered trade mark of
which the Commission is the proprietor.
10
(2)
A licence under this section may not provide for the grant of a sub-
licence by the licensee other than a sub-licence authorising the use of
the mark by a Local Healthwatch contractor in relation to the carrying
on of activities under Local Healthwatch arrangements.
(3)
In this section—
15
“Local Healthwatch arrangements” has the meaning given by
section 222 of the Local Government and Public Involvement in
Health Act 2007,
“Local Healthwatch contractor” has the meaning given by section
223 of that Act, and
20
“registered trade mark” and “use” have the same meaning as in
the Trade Marks Act 1994.”
183
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.
25
(2)
For subsection (2) substitute—
“(2)
The arrangements must be made with a body corporate which—
(a)
is a social enterprise, and
(b)
satisfies such criteria as may be prescribed by regulations made
by the Secretary of State.
30
(2A)
For so long as the arrangements are in force, the body with which they
are made—
(a)
has the function of carrying on in A’s area the activities
specified in section 221(2), and
(b)
is to be known as the “Local Healthwatch organisation” for A’s
35
area.
(2B)
But the arrangements may authorise the Local Healthwatch
organisation to make, in pursuance of those arrangements,
arrangements (“Local Healthwatch arrangements”) with a person
(other than A) for that person—
40
(a)
to assist the organisation in carrying on in A’s area some or all
of the activities, or
(b)
(subject to provision made under section 223(2)(e)) to carry on
in A’s area some (but not all) of the activities on the
organisation’s behalf.”
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Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 1 — Public involvement
184

(3)
In subsection (3), for the words from the beginning to “who is not” substitute
“None of the following is capable of being a Local Healthwatch organisation”.
(4)
For subsection (4) substitute—
“(4)
The arrangements must secure the result that Local Healthwatch
arrangements will not be made with a body of a description specified
5
in subsection (3) or with the National Health Service Commissioning
Board.”
(5)
For subsection (5) substitute—
“(5)
The arrangements may (in particular) make provision as respects co-
operation between the Local Healthwatch organisation for the area and
10
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)
operate effectively, and
15
(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)
For subsection (8) substitute—
“(8)
For the purposes of this section, a body is a social enterprise if—
20
(a)
a person might reasonably consider that it acts for the benefit of
the community in England, and
(b)
it satisfies such criteria as may be prescribed by regulations
made by the Secretary of State.
(9)
Regulations made by the Secretary of State may provide that activities
25
of a prescribed description are to be treated as being, or as not being,
activities which a person might reasonably consider to be activities
carried on for the benefit of the community in England.
(10)
In subsections (8) and (9), “community” includes a section of the
community; and regulations made by the Secretary of State may make
30
provision about what does, does not or may constitute a section of the
community.”
(8)
For the title to section 222 substitute “Local Healthwatch organisations”.
(9)
After section 222 insert—
“222A
Local authority arrangements: conflicts of interest
35
(1)
In making arrangements under section 221(1), a local authority must
have regard to any conflicts guidance issued by the Secretary of State.
(2)
Arrangements under section 221(1) must require the Local
Healthwatch organisation, in exercising its function of carrying on the
activities specified in section 221(2) or in making Local Healthwatch
40
arrangements, to have regard to any conflicts guidance issued by the
Secretary of State.

Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 1 — Public involvement
185

(3)
In this section, “conflicts guidance” means guidance about managing
conflicts between—
(a)
the making of arrangements under section 221(1), and
(b)
the carrying-on of the activities specified in section 221(2).
(4)
In this section, “Local Healthwatch arrangements” has the meaning
5
given by section 222.”
184
Local arrangements: power to make further provision
(1)
Section 223 (power to make further provision about local authority
arrangements) is amended as follows.
(2)
In subsection (1), for “require prescribed provision to be included in local
10
involvement network arrangements” substitute “include prescribed
provision”.
(3)
After that subsection insert—
“(1A)
The Secretary of State may make regulations which provide that local
authority arrangements must require Local Healthwatch arrangements
15
to include prescribed provision.”
(4)
In subsection (2)—
(a)
for “must require local involvement network arrangements to include”
substitute “must include or (as the case may be) must require Local
Healthwatch arrangements to include”,
20
(b)
in paragraphs (a), (c) and (d), for “a local involvement network”
substitute “a Local Healthwatch organisation or a Local Healthwatch
contractor”, and
(c)
after paragraph (d) insert “;
(e)
prescribed provision relating to the activities which a
25
Local Healthwatch contractor may not carry on on a
Local Healthwatch organisation’s behalf;
(f)
prescribed provision relating to the obtaining by a Local
Healthwatch organisation of a licence under section 45D
of the Health and Social Care Act 2008 and the grant by
30
the organisation to a Local Healthwatch contractor of a
sub-licence;
(g)
prescribed provision relating to the use by a Local
Healthwatch organisation or a Local Healthwatch
contractor of the trade mark to which a licence under
35
that section relates;
(h)
prescribed provision relating to the infringement of the
trade mark to which a licence under that section relates;
(i)
prescribed provision relating to the imposition of a
requirement on a Local Healthwatch organisation to act
40
with a view to securing that its Local Healthwatch
contractors (taken together) are representative of—
(i)
people who live in the local authority’s area,
(ii)
people to whom care services are being or may
be provided in that area, and
45
(iii)
people from that area to whom care services are
being provided in any place.”

Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 1 — Public involvement
186

(5)
After subsection (2) insert—
“(2A)
The provision which may be prescribed in relation to a Local
Healthwatch contractor includes provision that relates to the
contractor—
(a)
only in so far as it assists the Local Healthwatch organisation in
5
the carrying on of activities specified in section 221(2);
(b)
only in so far as it carries on such activities on the organisation’s
behalf.
(2B)
Regulations under this section may make provision which applies to all
descriptions of Local Healthwatch contractor, which applies to all those
10
descriptions subject to specified exceptions or which applies only to
such of those descriptions as are prescribed.”
(6)
In subsection (3)—
(a)
before the definition of “a local involvement network” insert—
““care services” has the meaning given by section 221;”,
15
(b)
omit the definition of “a local involvement network”,
(c)
for the definition of “local involvement network arrangements”
substitute—
““Local Healthwatch arrangements” has the meaning
given by section 222;”,
20
(d)
after that definition insert—
““Local Healthwatch contractor”, in relation to a Local
Healthwatch organisation, means a person with whom
the organisation makes Local Healthwatch
arrangements;”, and
25
(e)
after the definition of “prescribed provision” insert “;
“trade mark”, and “use” and “infringement” in relation to
a trade mark, each have the same meaning as in the
Trade Marks Act 1994.”
185
Independent advocacy services
30
(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
35
relation 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
40
body 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 Services Ombudsman for Wales;
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Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 1 — Public involvement
187

(d)
a complaint under section 73C(1) of the National Health Service
Act 2006;
(e)
a complaint to a Local Commissioner under Part 3 of the Local
Government Act 1974 about a matter which could be the subject
of a complaint under section 73C(1) of the National Health
5
Service Act 2006; or
(f)
a 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
10
the regulations, or
(ii)
gives 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
15
assistance to individuals in connection with complaints relating to the
provision 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.
20
(5)
In making arrangements under this section, a local authority must have
regard to the principle that the provision of services under the
arrangements or arrangements made 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
25
(b)
involved in investigating or adjudicating on such a complaint.
(6)
A local authority may make payments to—
(a)
a person providing services under arrangements under this
section;
(b)
a person arranging for the provision of services in pursuance of
30
arrangements under this section;
(c)
a person providing services under arrangements made in
pursuance of arrangements under this section.
(7)
The Secretary of State may by regulations make provision requiring a
person providing services under arrangements under this section or
35
arrangements made in pursuance of the arrangements to have cover
against the risk of a claim in negligence arising out of the provision of
the services.
(8)
The Secretary of State may give directions to a local authority about the
exercise of its functions under this section.
40
(9)
A direction under subsection (8) may be varied or revoked.
(10)
In this section—
“the health service” has the same meaning as in the National
Health Service Act 2006;
“health service body” means—
45
(a)
in relation to England, a body which, under section 2(1)
of the Health Service Commissioners Act 1993, is subject