Health and Social Care Bill

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

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Terms of employment of health service employees

Terms and conditions of employment by health service bodies.

6. - (1) In Schedule 5 to the 1977 Act (Health Authorities), in paragraph 10(1) (staff)-

(a) for "at such remuneration and on such conditions of service" there shall be substituted "and pay its officers such remuneration and allowances, and employ them on such other terms and conditions,"; and

(b) for "may contain provision- " there shall be substituted "may make provision with respect to any matter connected with the employment by an authority of its officers, including in particular provision- ".

(2) In Schedule 5A to the 1977 Act (Primary Care Trusts)-

(a) for paragraph 8 there shall be substituted-

	"8. - (1) A Primary Care Trust may employ such officers as it thinks fit.
	(2) Subject to sub-paragraph (3) below, a trust may-
	(a) pay its officers such remuneration and allowances, and
	(b) employ them on such other terms and conditions,
	as it thinks fit.
	(3) A trust shall-
	(a) in exercising its powers under sub-paragraph (2) above, and
	(b) otherwise in connection with the employment of its officers,
	act in accordance with regulations and any directions given by the Secretary of State.
	(4) Before making any regulations under sub-paragraph (3) above, the Secretary of State shall consult such bodies as he may recognise as representing persons who, in his opinion, are likely to be affected by the regulations."; and

(b) in paragraph 11 (remuneration and pensions etc), sub-paragraph (2) (remuneration and allowances payable to officers of a Primary Care Trust) shall accordingly be omitted.

(3) In paragraph 16 of Schedule 2 to the 1990 Act (general powers of National Health Service Trusts)-

(a) sub-paragraph (1)(d) (general power to employ staff) shall be omitted; and

(b) after sub-paragraph (2) there shall be inserted-

	"(3) An NHS trust may employ such staff as it thinks fit.
	(4) Subject to sub-paragraph (5) below, an NHS trust may-
	(a) pay its staff such remuneration and allowances, and
	(b) employ them on such other terms and conditions,
	as it thinks fit.
	(5) An NHS trust shall-
	(a) in exercising its powers under sub-paragraph (4) above, and
	(b) otherwise in connection with the employment of its staff,
	act in accordance with regulations and any directions given by the Secretary of State.
	(6) Before making any regulations under sub-paragraph (5) above, the Secretary of State shall consult such bodies as he may recognise as representing persons who, in his opinion, are likely to be affected by the regulations."

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 to attend before the committee to answer questions.

(4) For the purposes of any provision of subsection (3) "local NHS body", in relation to an 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.

(5) 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).

Joint overview and scrutiny committees etc.

8. - (1) In this section, relevant functions in relation to a local authority are functions which are, or, but for regulations under this section, would be, exercisable under section 21(2)(f) of the Local Government Act 2000 ("the 2000 Act") by an overview and scrutiny committee of that authority.

(2) Regulations may make provision under which-

(a) two or more local authorities may appoint a joint committee of those authorities (a "joint overview and scrutiny committee") and arrange for relevant functions in relation to any (or all) of those authorities to be exercisable by the committee;

(b) a local authority may arrange for relevant functions in relation to that authority to be exercisable by an overview and scrutiny committee of another local authority;

(c) a county council for any area may arrange for one or more of the members of an overview and scrutiny committee of the council for a district comprised in that area to be appointed as-

(i) a member of an overview and scrutiny committee of the county council or another local authority, for the purposes of relevant functions of the committee in relation to the county council, or

(ii) a member of an overview and scrutiny committee of the county council, for the purposes of relevant functions of the committee in relation to another local authority.

(3) The regulations may in particular-

(a) provide for arrangements to be made only in specified circumstances, or subject to specified conditions or limitations;

(b) in relation to joint overview and scrutiny committees, make provision applying, or corresponding to, any provision of section 21(4) and (6) to (15) of the 2000 Act, with or without modifications.

(4) The regulations may require, or enable the Secretary of State to direct, a local authority-

(a) to make arrangements of any description within subsection (2), and

(b) to comply with such requirements in connection with the arrangements as may be specified in the regulations or as the Secretary of State may direct.

(5) In section 7(3) and (4), references to an overview and scrutiny committee include references to a joint overview and scrutiny committee.

(6) In subsection (2)(c), references to an overview and scrutiny committee of a county council include references to a joint overview and scrutiny committee of the council and another local authority.

(7) Section 21(10) of the 2000 Act does not apply to persons who are members of an overview and scrutiny committee by virtue of arrangements under regulations under subsection (2)(c).

(8) In this section "local authority" means a county council, county borough council, district council or London borough council.

Overview and scrutiny committees: exempt information.

9. - (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.

10. - (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.

11. - (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) in prescribed circumstances, to perform any prescribed function of the trust with respect to the provision of a service affording assistance to patients and their families;

(f) to carry out such other functions as may be prescribed.

(3) A Patients' Forum for a Primary Care Trust has, in addition to its duties under subsection (2) (and without prejudice to paragraph (f) 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 and the trust;

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

(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 in England,

(b) services provided in England in pursuance of section 31 arrangements in relation to the exercise of health-related functions of a local authority, and

(c) services provided elsewhere (and not as part of the health service in England) in pursuance of section 31 arrangements with a local authority in England.

(6) In this section-

"the health service" has the same meaning as in the 1977 Act;

"patient" includes (as well as a patient within the meaning of that Act) a person who receives services provided in pursuance of section 31 arrangements in relation to the exercise of health-related functions of a local authority;

"prescribed" means prescribed by regulations made by the Secretary of State;

"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;

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

Prepared 9 February 2001