Health and Social Care Bill (HL Bill 132)

(2) In subsection (2), omit “by a local authority with another person (“H”)”.

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

(a) in sub-paragraph (i)—

(i) omit “, for each local involvement network,”,

(ii) 5for “the network”, in the first place it appears, substitute “the
Local Healthwatch organisation”,

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

(iv) after “carried on” insert “under the arrangements or
10arrangements made”,

(b) omit sub-paragraph (ii), and

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

(4) In subsection (3)—

(a) after paragraph (a) insert “and”,

(b) 15in 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 in its capacity as such, and
the amounts spent by its Local Healthwatch contractors in their
20capacity as such,”, and

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

(5) In subsection (4)—

(a) after paragraph (a) insert—

“(aa) the National Health Service Commissioning Board;

(ab) 25each clinical commissioning group, whose area or any
part 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
30Commission;”, and

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

(6) In subsection (5)—

(a) in paragraph (a)—

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

(ii) 35for “the network” substitute “the Local Healthwatch
organisation”, and

(iii) after “carried on” insert “under the arrangements made under
section 221(1) or arrangements made”, and

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

(7) 40Omit subsections (6) to (8).

(8) In subsection (9), after the definition of “financial year” insert—

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

(9) For the title to section 227 substitute “Local Healthwatch organisations: annual
45reports”.

188 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
5come 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 Local Healthwatch organisation for the
authority’s area.

(3) 10A 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 as or similar to provision in the
Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I.
2006/246).

(4) 15A scheme under this section may provide for the transfer of property, rights or
liabilities—

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

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

(5) 20A scheme under this section may create rights, or impose liabilities, in relation
to property, rights or liabilities transferred.

(6) A 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 to
be—

(a) 25treated 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) A scheme under this section may in particular make provision about
continuation of legal proceedings.

(8) A scheme under this section may include provision requiring the local
30authority to pay compensation to the transferor; and for that purpose the
scheme 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.

(9) 35A scheme under this section may include supplementary, incidental and
consequential provision.

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

189 Consequential provision

(1) 40In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, after
paragraph (bk) (as inserted by paragraph 2 of Schedule 13) insert—

“(bl) Local Healthwatch organisations, as regards the carrying on
of activities specified in section 221(1) of the Local
Government and Public Involvement in Health Act 2007
45(local care services);”.

(2) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975, at
the appropriate place insert—

• “Director of a Local Healthwatch organisation.”

(3) In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act
51975, at the appropriate place insert—

• “Director of a Local Healthwatch organisation.”

(4) In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (local
government), after paragraph 35D insert—

“35E A Local Healthwatch organisation, in respect of information held in
10connection with—

(a) arrangements made under section 221(1) of the Local
Government and Public Involvement in Health Act 2007, or

(b) arrangements made in pursuance of arrangements made
under section 221(1) of that Act.”

(5) 15In section 65H of the National Health Service Act 2006 (NHS foundation trust
special administration provisions: consultation requirements), in subsection
(8), for subsection (e) substitute—

“(e) a Local Healthwatch organisation;”.

(6) In section 4 of the Health and Social Care Act 2008 (matters to which the Care
20Quality Commission must have regard)—

(a) in subsection (1)(c)—

(i) for “local involvement networks” substitute “Local
Healthwatch organisations or Local Healthwatch contractors”,
and

(ii) 25omit “in their areas”;

(b) for subsection (3) substitute—

“(3) In subsection (1)(c), “Local Healthwatch contractor” has the
meaning given by section 223 of the Local Government and
Public Involvement in Health Act 2007.”

CHAPTER 2 30Local government

Scrutiny functions of local authorities

190 Scrutiny functions of local authorities

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

(2) In subsection (2)—

(a) 35omit “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
“relevant NHS bodies or relevant health service providers”,

(d) 40for “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
member or employee of a relevant NHS body, or a relevant health
service provider or member or employee of a relevant health service
5provider,”.

(3) After subsection (2) insert—

“(2ZA) If (by virtue of subsection (2)(c)) regulations make provision as to
matters on which relevant NHS bodies or relevant health service
providers must consult the authority, the regulations may also make
10provision—

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

(b) conferring powers on the Secretary of State to give directions to
15the 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
commissioning group in relation to a matter so referred;

(d) conferring powers on the Board to give directions to a clinical
20commissioning 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) 25The powers that may be conferred under any of paragraphs (b) to (d) of
subsection (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) 30to determine the matter in a particular way;

(c) to 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
35101 of the Local Government Act 1972—

(a) not 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) 40Any functions conferred on a local authority by regulations under this
section 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
45arrange for its functions under the regulations to be discharged by an
overview and scrutiny committee of the authority.”

(4) For subsection (3) substitute—

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

Health and Social Care BillPage 194

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

• 5“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)

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

  (ii)

  10by 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)

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

  (b)

  15is prescribed, or is of a description prescribed, for those
  purposes in relation to the authority.”

(5) After subsection (3) insert—

“(3A) In subsection (2)(f) “member”—

(a) in relation to a clinical commissioning group, includes a person
20who 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) 25in relation to an NHS trust, means a director of the trust;

(d) in 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
30commissioning group or relevant health service provider is to
be 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
35be treated as an employee of the group or (as the case may be)
relevant health service provider.”

(6) In subsection (5), for “this section, section 245 and section 246” substitute “this
section and section 245”.

(7) For the heading to section 244 substitute “Review and scrutiny by local
40authorities”.

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

(9) Until the coming into force of paragraph 19 of Schedule 3 to the Localism Act
2011, section 21 of the Local Government Act 2000 (overview and scrutiny
45committees) is amended as follows—

(a) in subsection (2)(f)—

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

(ii) for “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
5National Health Service Act 2006.”

(10) 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) 10in subsection (5) omit the word “or” following paragraph (a) and after
paragraph (b) insert “or

(c) 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
15health matters).”

191 Amendments consequential on section 190

(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
20subsection substitute ““relevant functions” means functions under regulations
under section 244(2) to (2ZC).”

(3) In subsection (2)(c), in each of sub-paragraphs (i) and (ii), for “relevant
functions of the committee” substitute “relevant functions exercisable by the
committee”.

(4) 25After 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
subsection (2)(a), the local authority may not discharge the function.”

(5) 30Omit subsections (5) and (9).

(6) Section 246 of that Act (exempt information) is amended in accordance with
subsections (7) to (9).

(7) In subsection (1) for the words from “a meeting of” to the end of the subsection
substitute “a meeting of a local authority or a committee of a local authority
35which is an item relating to functions of the authority under regulations under
section 244(2) to (2ZC).”

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

(9) In the heading to section 246 for “Overview and scrutiny committees”
40substitute “Business relating to functions of local authorities by virtue of
section 244”.

(10) Section 247 of that Act (application to the City of London) is amended in
accordance with subsections (11) to (13).

(11) For 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).”

(12) 5In subsection (2)—

(a) for the words from the beginning to “apply” substitute “Section
245(2)(b) and (c) applies”, and

(b) omit the words from “and as if” to the end of the subsection.

(13) In subsection (4)—

(a) 10for “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
applies, references to functions under regulations under section 244(2)
to (2ZC) which are exercisable by the committee.”

(14) 15Omit section 247A (application to local authorities without overview and
scrutiny committees).

(15) In consequence of the amendments made by subsections (2), (7), (11), (13)(a)
and (14), paragraphs 75(2), 76, 77(2) and (5)(a) and 78 of Schedule 3 to the
Localism Act 2011 are omitted.

20Joint strategic needs assessments and strategies

192 Joint 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) 25In subsection (4), for paragraph (b) substitute—

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

(3) In subsection (6)—

(a) for “for which a partner PCT acts” substitute “of a partner clinical
commissioning group”,

(b) 30for “the partner PCT” substitute “the partner clinical commissioning
group”, and

(c) after “a need” insert “or to be likely to be a need”.

(4) In subsection (7)—

(a) in paragraph (a)(ii) for “the partner PCT” substitute “the partner
35clinical commissioning group or the National Health Service
Commissioning Board”, and

(b) in paragraph (b)(i) for “the partner PCT” substitute “the partner clinical
commissioning group or the National Health Service Commissioning
Board”.

(5) 40In subsection (8)—

(a) for “each partner PCT” substitute “each of its partner clinical
commissioning groups”, and

(b) after paragraph (b) (but before the “and” immediately following it)

insert—

“(ba) involve the Local Healthwatch organisation for the area
of the responsible local authority;

(bb) involve the people who live or work in that area;”, and

(c) 5in paragraph (c) for “consult” substitute “involve”.

(6) After subsection (8) insert—

“(8A) In preparing an assessment under this section, the responsible local
authority or a partner clinical commissioning group may consult any
person it thinks appropriate.”

(7) 10In subsection (9)—

(a) for the definition of “partner PCT” substitute—

• ““partner clinical commissioning group”, in relation to a
  responsible local authority, means any clinical
  commissioning group whose area coincides with or falls
  15wholly or partly within the area of the authority;”, and

ERROR:This is very likely an error in markup in the FM document. [\t(b)\t in the definition of \xd2 relevant district council\xd3 , in paragraph (b) \t(i)\t for \xd2 a partner PCT\xd3 substitute \xd2 a partner clinical commissioning group\xd3 , and \t(ii)\t for \xd2 the area for which the partner PCT acts\xd3 substitute \xd2 the area of the clinical commissioning group\xd3 . ]

(i) for “a partner PCT” substitute “a partner clinical
commissioning group”, and

(ii) for “the area for which the partner PCT acts”
20substitute “the area of the clinical
commissioning group”.

193 Joint health and wellbeing strategies

After section 116 of the Local Government and Public Involvement in Health
Act 2007 insert—

“116A 25 Health and social care: joint health and wellbeing strategies

(1) This section applies where an assessment of relevant needs is prepared
under section 116 by a responsible local authority and each of its
partner clinical commissioning groups.

(2) The responsible local authority and each of its partner clinical
30commissioning groups must prepare a strategy for meeting the needs
included in the assessment by the exercise of functions of the authority,
the National Health Service Commissioning Board or the clinical
commissioning groups (“a joint health and wellbeing strategy”).

(3) In preparing a strategy under this section, the responsible local
35authority and each of its partner clinical commissioning groups must,
in particular, consider the extent to which the needs could be met more
effectively by the making of arrangements under section 75 of the
National Health Service Act 2006 (rather than in any other way).

(4) In preparing a strategy under this section, the responsible local
40authority and each of its partner clinical commissioning groups must
have regard to—

(a) the mandate published by the Secretary of State under section
13A of the National Health Service Act 2006, and

(b) any guidance issued by the Secretary of State.

(5) In preparing a strategy under this section, the responsible local
authority and each of its partner clinical commissioning groups must—

(a) involve the Local Healthwatch organisation for the area of the
responsible local authority, and

(b) 5involve the people who live or work in that area.

(6) The responsible local authority must publish each strategy prepared by
it under this section.

(7) The responsible local authority and each of its partner clinical
commissioning groups may include in the strategy a statement of their
10views on how arrangements for the provision of health-related services
in the area of the local authority could be more closely integrated with
arrangements for the provision of health services and social care
services in that area.

(8) In this section and section 116B—

(a) 15“partner clinical commissioning group”, in relation to a
responsible local authority, has the same meaning as in section
116, and

(b) “health services”, “health-related services” and “social care
services” have the same meanings as in section 195 of the Health
20and Social Care Act 2012.

116B Duty to have regard to assessments and strategies

(1) A responsible local authority and each of its partner clinical
commissioning groups must, in exercising any functions, have regard
to—

(a) 25any assessment of relevant needs prepared by the responsible
local authority and each of its partner clinical commissioning
groups under section 116 which is relevant to the exercise of the
functions, and

(b) any joint health and wellbeing strategy prepared by them under
30section 116A which is so relevant.

(2) The National Health Service Commissioning Board must, in exercising
any functions in arranging for the provision of health services in
relation to the area of a responsible local authority, have regard to—

(a) any assessment of relevant needs prepared by the responsible
35local authority and each of its partner clinical commissioning
groups under section 116 which is relevant to the exercise of the
functions, and

(b) any joint health and wellbeing strategy prepared by them under
section 116A which is so relevant.”

40Health and Wellbeing Boards: establishment

194 Establishment of Health and Wellbeing Boards

(1) A local authority must establish a Health and Wellbeing Board for its area.

(2) The Health and Wellbeing Board is to consist of—

(a) subject to subsection (4), at least one councillor of the local authority,
45nominated in accordance with subsection (3),

(b) the director of adult social services for the local authority,

(c) the director of children’s services for the local authority,

(d) the director of public health for the local authority,

(e) a representative of the Local Healthwatch organisation for the area of
5the local authority,

(f) a representative of each relevant clinical commissioning group, and

(g) such other persons, or representatives of such other persons, as the
local authority thinks appropriate.

(3) A nomination for the purposes of subsection (2)(a) must be made—

(a) 10in the case of a local authority operating executive arrangements, by the
elected mayor or the executive leader of the local authority;

(b) in any other case, by the local authority.

(4) In the case of a local authority operating executive arrangements, the elected
mayor or the executive leader of the local authority may, instead of or in
15addition to making a nomination under subsection (2)(a), be a member of the
Board.

(5) The Local Healthwatch organisation for the area of the local authority must
appoint one person to represent it on the Health and Wellbeing Board.

(6) A relevant clinical commissioning group must appoint a person to represent it
20on the Health and Wellbeing Board.

(7) A person may, with the agreement of the Health and Wellbeing Board,
represent more than one clinical commissioning group on the Board.

(8) The Health and Wellbeing Board may appoint such additional persons to be
members of the Board as it thinks appropriate.

(9) 25At any time after a Health and Wellbeing Board is established, a local authority
must, before appointing another person to be a member of the Board under
subsection (2)(g), consult the Health and Wellbeing Board.

(10) A relevant clinical commissioning group must co-operate with the Health and
Wellbeing Board in the exercise of the functions of the Board.

(11) 30A Health and Wellbeing Board is a committee of the local authority which
established it and, for the purposes of any enactment, is to be treated as if it
were a committee appointed by that authority under section 102 of the Local
Government Act 1972.

(12) But regulations may provide that any enactment relating to a committee
35appointed under section 102 of that Act of 1972—

(a) does not apply in relation to a Health and Wellbeing Board, or

(b) applies in relation to it with such modifications as may be prescribed in
the regulations.

(13) In this section—

(a) 40“enactment” includes an enactment contained in subordinate
legislation (within the meaning of the Interpretation Act 1978);

(b) “elected mayor”, “executive arrangements” and “executive leader”, in
relation to a local authority, have the same meaning as in Part 1A of the
Local Government Act 2000;