Health and Social Care Bill (HL Bill 132)

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

(9) 5The 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.

(10) In performing functions under this section, the Healthwatch England
10committee must have regard to such aspects of government policy as
the Secretary of State may direct.

45B Conflicts of interest

(1) In making arrangements under section 45A(1), the Commission must
have regard to any conflicts guidance issued by the Secretary of State.

(2) 15In exercising functions on behalf of the Commission, the Healthwatch
England committee must have regard to any conflicts guidance issued
by the Secretary of State.

(3) In this section, “conflicts guidance” means guidance about managing
conflicts between—

(a) 20the exercise of functions by the Commission, and

(b) the exercise of functions by the Healthwatch England
committee on the Commission’s behalf.

45C Reports

(1) As soon as possible after the end of each financial year, the
25Healthwatch England committee—

(a) must make a report to the Commission (whether or not in
writing) on the matters mentioned in section 45A(5)(a) and (b),
and

(b) must publish a report on the way in which it has exercised
30during 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 and to
35every Local Healthwatch organisation.

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

(4) Where a recommendation is made to the committee under section
221(2)(h) of the Local Government and Public Involvement in Health
40Act 2007 (reports under subsection (3)), the committee must have
regard to the recommendation.

(5) Before publishing a report under subsection (1)(b) or (3), 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
45committee’s opinion, would or might seriously and prejudicially affect
that individual’s interests.

(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) 5In 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) is failing or has failed to discharge a function under section 45A
10or 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) In subsection (2) of that section—

(a) 15after “(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 294), after “(1)” insert “or
(1A)”.

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

(a) 20after “the Commission” insert “or the committee”, and

(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
25Healthwatch 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.”

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

“(2A) 30The 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 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
35Commission 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
1975, and

(c) Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
40Act 1975.

(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.

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) 5In subsection (2)—

(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) 10After that paragraph insert—

“(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
15making those views known to the Healthwatch England
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
20recommendations direct to the Commission);

(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
25enable 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) A person to whom views are made known or reports or
30recommendations are made under subsection (2)(d) must, in exercising
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
35under subsection (1) in relation to its area is in force at any one time.”

(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
  40provided in that area,

  (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);”.

(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 5Granting licence to use trade mark

(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
10which the Commission is the proprietor.

(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) 15In this section—

• “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
  20223 of that Act, and

• “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
252007 (arrangements under section 221 of that Act) is amended as follows.

(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
30by the Secretary of State.

(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) 35is to be known as the “Local Healthwatch organisation” for A’s
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
40(other than A) for that person—

(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
45organisation’s behalf.”

(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
5arrangements will not be made with a body of a description specified
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-
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) For subsection (8) substitute—

“(8) 20For the purposes of this section, a body is a social enterprise if—

(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) 25Regulations made by the Secretary of State may provide that activities
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
30community; and regulations made by the Secretary of State may make
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 35 Local authority arrangements: conflicts of interest

(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
40activities specified in section 221(2) or in making Local Healthwatch
arrangements, to have regard to any conflicts guidance issued by the
Secretary of State.

(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) 5In this section, “Local Healthwatch arrangements” has the meaning
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) 10In subsection (1), for “require prescribed provision to be included in local
involvement network arrangements” substitute “include prescribed
provision”.

(3) After that subsection insert—

“(1A) The Secretary of State may make regulations which provide that local
15authority arrangements must require Local Healthwatch arrangements
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
20Healthwatch arrangements to include”,

(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) 25prescribed provision relating to the activities which a
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
30of the Health and Social Care Act 2008 and the grant by
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
35contractor of the trade mark to which a licence under
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
40requirement on a Local Healthwatch organisation to act
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
45be provided in that area, and

(iii) people from that area to whom care services are
being provided in any place.”

(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) 5only in so far as it assists the Local Healthwatch organisation in
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
10descriptions of Local Healthwatch contractor, which applies to all those
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—

• 15““care services” has the meaning given by section 221;”,

(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
  20given by section 222;”,

(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
  25arrangements;”, and

(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 30Independent 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
35appropriate for the provision of independent advocacy services in
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) 40a complaint under a procedure operated by a health service
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
45the Public Services Ombudsman for Wales;

(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
5of a complaint under section 73C(1) of the National Health
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) 10is made under a procedure of a description prescribed in
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
15appropriate for the provision of services in relation to its area providing
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
20organisation.

(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) 25the subject of a relevant complaint; or

(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) 30a person arranging for the provision of services in pursuance of
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
35person providing services under arrangements under this section or
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
40exercise of its functions under this section.

(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;

• 45“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

  Health and Social Care BillPage 188

  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)
  5Act 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
  10Commissioner 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
15Secretary 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) 20In 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”.

186 Requests, rights of entry and referrals

(1) 25Section 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 or a Local Healthwatch
30contractor”.

(3) For 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—

(a) in the carrying-on, under arrangements made under section
35221(1), of activities specified in section 221(2), or

(b) in compliance with a requirement imposed by virtue of section
223(2)(i).

(3A) For the purposes of subsection (1), something is done by a Local
Healthwatch contractor if it is done by that contractor in the carrying-
40on, under Local Healthwatch arrangements, of activities specified in
section 221(2).”

(4) After subsection (4) insert—

“(5) In this section—

• “Local Healthwatch arrangements” has the meaning given by
  45section 222;

Health and Social Care BillPage 189

• “Local Healthwatch contractor” has the meaning given by section
  223.”

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

(6) 5Section 225 of that Act (duties of services-providers to allow entry to premises)
is amended as follows.

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

(8) 10In subsection (4), in paragraph (a), after “section 221(1)” insert “or Local
Healthwatch arrangements”.

(9) After subsection (5) insert—

“(5A) In this section—

• “Local Healthwatch arrangements” has the meaning given by
  15section 222;

• “Local Healthwatch contractor” has the meaning given by section
  223.”

(10) Omit subsection (6).

(11) For the title to that section substitute “Duties of services-providers to allow
20entry by Local Healthwatch organisations or contractors”.

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

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

(14) For subsection (7) substitute—

“(7) 25For 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 arrangements made under section 221(1), of
activities specified in section 221(2).

(7A) For the purposes of this section, something is done by a Local
30Healthwatch contractor if it is done by that contractor in the carrying-
on, under Local Healthwatch arrangements, of activities specified in
section 221(2).”

(15) In subsection (8), before the definition of “overview and scrutiny committee”
insert—

• 35““Local Healthwatch arrangements” has the meaning given by
  section 222;

• “Local Healthwatch contractor” has the meaning given by section
  223;”.

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

187 40Annual reports

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