Health and Social Care Bill

Health and Social Care Bill - continued	House of Commons
PART I, NATIONAL HEALTH SERVICE - continued

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Scrutiny of health service provision

Functions of overview and scrutiny committees.

7. - (1) In section 21 of the Local Government Act 2000 (overview and scrutiny committees), in subsection (2), after paragraph (e) there shall be inserted-

"(f) in the case of the overview and scrutiny committee or committees of an authority to which section 7 of the Health and Social Care Act 2001 applies, to review and scrutinise, in accordance with regulations under that section, matters relating to the health service (within the meaning of that section) in the authority's area, and to make reports and recommendations on such matters in accordance with the regulations."

(2) This section applies to-

(a) any county council,

(b) any county borough council,

(d) any London borough council.

(3) Regulations may, in relation to an overview and scrutiny committee of an authority to which this section applies, make provision-

(a) as to matters relating to the health service in the authority's area which the committee may review and scrutinise,

(b) as to matters relating to the health service in the authority's area on which the committee may make reports and recommendations to local NHS bodies,

(d) as to information which local NHS bodies must provide to the committee,

(e) as to information which may not be disclosed by a local NHS body to the committee,

(f) requiring any officer of a local NHS body or other specified body to attend before the committee to answer questions.

(4) Regulations may provide for functions under section 21(2)(f) of the Local Government Act 2000 to be performed, under arrangements between two or more local authorities, by a joint overview and scrutiny committee established by the authorities concerned.

(5) For the purposes of any provision of subsection (3) "local NHS body", in relation to a overview and scrutiny committee, means a Health Authority, Primary Care Trust or NHS trust specified for those purposes by regulations in relation to the committee.

(6) In this section-

"the health service" has the same meaning as in the 1977 Act, except that it includes services provided in pursuance of section 31 arrangements in relation to the exercise of health-related functions of a local authority;

"section 31 arrangements" means arrangements under regulations under section 31 of the Health Act 1999 (arrangements between NHS bodies and local authorities).

Overview and scrutiny committees: exempt information.

8. - (1) This section applies in relation to any item of business at a meeting of an overview and scrutiny committee which is an item relating to functions of the committee under section 21(2)(f) of the Local Government Act 2000.

(2) In relation to any such item, information is exempt information for the purposes of section 100A(4) of the Local Government Act 1972 (exclusion of public from meetings to prevent disclosure of exempt information) if it falls within any of the descriptions of information which are for the time being specified in Part I of Schedule 1 to this Act, but subject to any qualifications contained in Part II of that Schedule.

(3) Part III of that Schedule has effect for the interpretation of that Schedule.

(4) The relevant authority may by order vary that Schedule-

(a) by adding any description or other provision in connection with a relevant body or services provided by, or under arrangements made by, a relevant body, or

(b) by deleting or varying any description or other provision for the time being specified or contained in that Schedule.

(5) The relevant authority may exercise the power conferred by subsection (4) by amending any Part of Schedule 1, with or without amendment of any other Part.

(6) In this section and Schedule 1 "relevant body" means a body in respect of which overview and scrutiny committees exercise functions under regulations under section 7.

Public involvement and consultation.

9. - (1) It is the duty of every body to which this section applies to make arrangements with a view to securing, as respects health services for which it is responsible, that persons to whom those services are being or may be provided are, directly or through representatives, involved in and consulted on-

(a) the planning of the provision of those services,

(b) the development and consideration of proposals for changes in the way those services are provided, and

(2) This section applies to-

(a) Health Authorities,

(b) Primary Care Trusts, and

(3) For the purposes of this section a body is responsible for health services-

(a) if the body provides or is to provide those services to individuals, or

(b) if another person provides, or is to provide, those services to individuals-

(i) at that body's direction,

(ii) on its behalf, or

(iii) in accordance with an agreement or arrangements made by that body with that other person;

and references in this section to the provision of services include references to the provision of services jointly with another person.

Establishment of Patients' Forums.

10. - (1) The Secretary of State shall establish-

(a) for each NHS trust all or most of whose hospitals, establishments and facilities are situated in England, and

(b) for each Primary Care Trust established for an area in England,

a body to be known as a Patients' Forum.

(2) It is the duty of a Patients' Forum-

(a) to monitor and review the operation of services provided by, or under arrangements made by, the trust for which it is established;

(b) to obtain patients' views about those services and report on those views to the trust;

(d) to make available to patients advice and information about those services;

(e) to carry out such other functions as may be prescribed by regulations made by the Secretary of State.

(3) A Patients' Forum for a Primary Care Trust has, in addition to its duties under subsection (2) (and without prejudice to paragraph (e) of that subsection), the following duties in relation to services provided by, or under arrangements made by, the relevant Health Authority to persons in relation to whom functions are conferred on the trust by virtue of directions under section 17A of the 1977 Act-

(a) to monitor and review the operation of those services;

(b) to obtain patients' views about those services and report on those views to the relevant Health Authority;

(c) to provide advice, and make reports and recommendations, about matters relating to those services to the relevant Health Authority;

(d) to make available to patients advice and information about those services.

(4) In providing advice or making recommendations under subsection (2)(c) or (3)(c), a Patients' Forum must have regard to the views of patients.

(5) References in subsections (2) and (3) to services are references to-

(a) services provided as part of the health service (within the meaning of the 1977 Act) in England,

(b) services provided in England in pursuance of arrangements under regulations under section 31 of the Health Act 1999, and

(6) In subsections (2) and (3) "relevant Health Authority", in relation to a Patients' Forum for a Primary Care Trust, means the Health Authority whose area is or includes the area for which the trust is established.

Patients' Forums: entry and inspection of premises.

11. - (1) The Secretary of State may make regulations requiring-

(a) Health Authorities,

(b) Primary Care Trusts,

(d) persons providing services under Part II of the 1977 Act or under arrangements under section 28C of that Act,

to allow members of a Patients' Forum authorised by or under the regulations to enter and inspect, for the purposes of any of the Forum's functions, premises owned or controlled by them.

(2) The regulations may in particular make provision as to-

(a) cases and circumstances in which access is to be permitted;

(b) limitations or conditions to which access is to be subject.

Patients' Forums: annual reports.

12. - (1) Every Patients' Forum shall-

(a) prepare a report in relation to its activities in each financial year; and

(b) as soon as possible after the end of each financial year, send a copy of its report for that year to the trust for which it is established, and to the Secretary of State.

(2) A report under this section relating to any year must include details of the arrangements maintained by the Forum in that year for obtaining the views of patients.

Prepared 21 December 2000