Local Government and Public Involvement in Health Bill

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Local Government and Public Involvement in Health Bill

Local Government and Public Involvement in Health Bill
Part 9 — Ethical standards
Chapter 2 — Employees
107

(b)
in the case of a post within section 2(2)(a) or (b), the relevant
authority have certified whether or not, in their opinion, the
duties of the post fall within section 2(3);

and the relevant authority must give a certificate for the purposes of
paragraph (b) above in relation to any post if requested to do so by the
5
holder of that post.
(3)
If, on an application under subsection (1)(a) in respect of any post, the
standards committee is satisfied that the duties of the post do not fall
within section 2(3), the committee must direct—
(a)
that, for so long as the direction has effect in accordance with its
10
terms, the post is not to be regarded as a politically restricted
post; and
(b)
that accordingly the post is not to be specified in the list
maintained by the relevant authority under section 2(2) or (as
the case may be) is to be removed from that list.
15
(4)
A standards committee may not give a direction under subsection
(1)(b) in respect of any post unless the committee is satisfied that—
(a)
the duties of the post fall within section 2(3); and
(b)
the post is neither—
(i)
in any list maintained by the relevant authority in
20
accordance with section 2(2) above or section 100G(2) of
the Local Government Act 1972; nor
(ii)
of a description specified in any regulations under
section 2(2) above.
(5)
Every local authority in England which is a relevant authority must—
25
(a)
give its standards committee all such information as the
committee may reasonably require for the purpose of carrying
out its functions under this section;
(b)
comply with any direction under this section with respect to the
list maintained by the authority; and
30
(c)
on being given a direction under subsection (1)(b), notify the
terms of the direction to the person who holds the post to which
the direction relates.
(6)
In carrying out its functions under this section a standards committee
must give priority, according to the time available before the election,
35
to any application under subsection (1)(a) from a person who certifies
that the application is made for the purpose of enabling him to be a
candidate in a forthcoming election.
(7)
The Secretary of State may make regulations requiring a local authority
in England which is not a relevant authority to establish a committee to
40
exercise the functions conferred by this section on the standards
committee of a local authority in England which is a relevant authority.
(8)
Regulations under subsection (7) may include provision—
(a)
applying any provisions of this section (with or without
modification) where a committee has been established under
45
the regulations;
(b)
applying (with or without modification) any provision of
section 53 of the Local Government Act 2000 or regulations
made under subsection (6) of that section.

Local Government and Public Involvement in Health Bill
Part 10 — The Valuation Tribunal for England
108

(9)
In this section—
“standards committee” means a committee established under
section 53(1) of the Local Government Act 2000;
“relevant authority” has the meaning given by section 49(6) of that
Act.”
5
150
Political assistants’ pay
In section 9 of the Local Government and Housing Act 1989 (c. 42), after
subsection (4) insert—
“(4A)
An order made under subsection (4)(a) above in relation to England or
Wales may, instead of specifying an amount, specify a point on a
10
relevant scale specified by the order.
(4B)
A “relevant scale” is a scale consisting of points and of amounts
corresponding to those points.
(4C)
In relation to any time while an order made by virtue of subsection (4A)
above is in force, the amount that at that time corresponds to the point
15
specified by the order is to be treated for the purposes of subsection
(4)(a) above as specified by the order.”
Part 10
The Valuation Tribunal for England
151
Establishment of the Tribunal
20
(1)
Schedule 12 (which establishes the Valuation Tribunal for England, and makes
consequential provision) has effect.
(2)
The existing English tribunals are abolished.
(3)
In this Part “existing English tribunals” means the valuation tribunals
established in relation to England by regulations under Schedule 11 to the
25
Local Government Finance Act 1988 (c. 41) which are in existence immediately
before the transfer of jurisdiction takes place.
(4)
The transfer of jurisdiction is the transfer made by paragraph A2 of Schedule
11 to the Local Government Finance Act 1988 (as inserted by Schedule 12 to this
Act).
30
152
Consequential and transitional provision etc
(1)
Schedule 13 (consequential amendments relating to the creation of the
Valuation Tribunal for England) has effect.
(2)
The Secretary of State may by regulations make provision (including
transitional, saving or transitory provision)—
35
(a)
for the purposes of supplementing or giving full effect to this Part; or
(b)
in consequence of this Part.
(3)
The provision that may be made under subsection (2) includes provision—
(a)
for members of the existing English tribunals to become members of the
Valuation Tribunal for England;
40

Local Government and Public Involvement in Health Bill
Part 11 — Patient and public involvement in health and social care
109

(b)
to enable the Valuation Tribunal for England to deal with any appeals
already made to the existing English tribunals (including provision
about which members of the Tribunal are to deal with any such appeal);
(c)
for subordinate legislation made under Schedule 11 to the Local
Government Finance Act 1988 (c. 41) before its amendment by this Act
5
to be treated as if made under that Schedule as amended by this Act;
(d)
modifying subordinate legislation which is subject to provision under
paragraph (c);
(e)
for members of the Valuation Tribunal for England to be appointed
otherwise than in accordance in Part 4 of the Constitutional Reform Act
10
2005 (c. 4);
(f)
amending or repealing any enactment passed before or in the same
session as this Act;
(g)
amending or revoking subordinate legislation made before the passing
of this Act.
15
(4)
Subsection (2) is without prejudice to sections 173 and 175(5)(b).
Part 11
Patient and public involvement in health and social care
Local involvement networks
153
Health services and social services: local involvement networks
20
(1)
Each local authority must make contractual arrangements for the purpose of
ensuring that there are means by which the activities specified in subsection (2)
for the local authority’s area can be carried on in the area.
(2)
The activities for a local authority’s area are—
(a)
promoting, and supporting, the involvement of people in the
25
commissioning, provision and scrutiny of local care services;
(b)
obtaining the views of people about their needs for, and their
experiences of, local care services; and
(c)
making—
(i)
views such as are mentioned in paragraph (b) known, and
30
(ii)
reports and recommendations about how local care services
might be improved,

to persons responsible for commissioning, providing, managing or
scrutinising local care services.
(3)
The Secretary of State may by regulations amend this section for the purpose
35
of adding to, varying or omitting any of the activities for the time being
specified in subsection (2).
(4)
Before making regulations under this section, the Secretary of State must
consult such persons as the Secretary of State considers appropriate.
(5)
In this section—
40
“care services” means—
(a)
services provided as part of the health service in England; or
(b)
services provided as part of the social services functions of a
local authority;

Local Government and Public Involvement in Health Bill
Part 11 — Patient and public involvement in health and social care
110

“local care services”, in relation to a local authority, means—
(a)
care services provided in the authority’s area; and
(b)
care services provided, in any place, for people from the area;
“the health service” has the same meaning as in the National Health
Service Act 2006 (c. 41);
5
“social services functions”, in relation to a local authority, has the same
meaning as in the Local Authority Social Services Act 1970 (c. 42).
154
Arrangements under section 153(1)
(1)
This section applies in relation to any particular arrangements made under
section 153(1) by a local authority (“A”).
10
(2)
In this section, a reference to a “local involvement network” is to—
(a)
a person who, in pursuance of the arrangements, is to carry on in A’s
area activities specified in section 153(2) for that area; or
(b)
any other means put in place under the arrangements for the carrying-
on in A’s area of activities so specified for that area.
15
(3)
The arrangements must be made with a person (“H”) who is not a local
authority.
(4)
The arrangements must secure the result that none of the following will be a
local involvement network—
(a)
H;
20
(b)
A;
(c)
any other local authority;
(d)
a National Health Service trust;
(e)
an NHS foundation trust;
(f)
a Primary Care Trust;
25
(g)
a Strategic Health Authority.
(5)
The arrangements may provide for the making of payments by A.
(6)
The arrangements must include the required provision about annual reports
(see section 158).
155
Duties of services-providers to respond to local involvement networks
30
(1)
The Secretary of State may by regulations impose, on a services-provider,
duties—
(a)
as respects responding to requests for information made to the services-
provider by a local involvement network;
(b)
as respects dealing with reports or recommendations made to the
35
services-provider by a local involvement network; or
(c)
as respects dealing with reports or recommendations which, in
accordance with any requirement imposed in regulations under
paragraph (b), have been referred to the services-provider by another
services-provider.
40
(2)
In subsection (1) “services-provider” means—
(a)
a National Health Service trust;
(b)
an NHS foundation trust;
(c)
a Primary Care Trust;

Local Government and Public Involvement in Health Bill
Part 11 — Patient and public involvement in health and social care
111

(d)
a local authority; or
(e)
a person prescribed by regulations made by the Secretary of State.
(3)
For the purposes of subsection (1), something is done by a local involvement
network if it is done in the carrying-on, under arrangements made under
section 153(1), of activities specified in section 153(2).
5
(4)
Before making regulations under this section, the Secretary of State must
consult such persons as the Secretary of State considers appropriate.
156
Services-providers’ duties to allow entry by local involvement networks
(1)
The Secretary of State may by regulations make provision for the purpose of
imposing, on a services-provider, a duty to allow authorised representatives to
10
enter and view, and observe the carrying-on of activities on, premises owned
or controlled by the services-provider.
(2)
The provision that may be made by regulations under subsection (1) includes
(in particular)—
(a)
conditions to be satisfied before a duty arises in a particular case;
15
(b)
provision limiting the extent of a duty, whether generally or in
particular cases;
(c)
provision imposing, or authorising the imposition of, conditions and
restrictions for the purposes of subsection (4)(b);
(d)
provision as respects the authorisation of individuals for the purposes
20
of this section by a local involvement network within subsection (6)(a);
(e)
provision for treating individuals as authorised for the purposes of this
section by a local involvement network within subsection (6)(b).
(3)
Provision such as is mentioned in subsection (2)(b) may limit a duty by (in
particular)—
25
(a)
providing for a duty not to apply to an authorised representative if he
is, or unless he is, of a particular description;
(b)
limiting the number of authorised representatives to whom a duty
applies in a particular case;
(c)
limiting the hours during which a duty applies.
30
(4)
While an authorised representative is on any premises as a result of a services-
provider having complied with a duty imposed under subsection (1)—
(a)
any viewing, or observation, carried out by the representative must be
carried out for the purposes of the carrying-on, under arrangements
made under section 153(1), of activities specified in section 153(2); and
35
(b)
the representative must comply with any applicable conditions and
restrictions imposed under subsection (1) for the purposes of this
paragraph.
(5)
In this section “authorised representative” means—
(a)
an individual authorised for the purposes of this section, in accordance
40
with any applicable provision in regulations under subsection (1), by a
local involvement network within subsection (6)(a); or
(b)
an individual who, by reason of provision in regulations under
subsection (1), is to be treated as authorised for the purposes of this
section by a local involvement network within subsection (6)(b).
45
(6)
In this section “local involvement network” means—

Local Government and Public Involvement in Health Bill
Part 11 — Patient and public involvement in health and social care
112

(a)
a person who, in pursuance of arrangements made under section
153(1), is to carry on activities specified in section 153(2); or
(b)
any other means put in place under arrangements made under section
153(1) for the carrying-on of activities so specified.
(7)
In this section “services-provider” means—
5
(a)
a National Health Service trust;
(b)
an NHS foundation trust;
(c)
a Primary Care Trust;
(d)
a local authority; or
(e)
a person prescribed by regulations made by the Secretary of State.
10
157
Local involvement networks: referrals of social care matters
(1)
Subsections (2) to (5) apply where a local involvement network refers a matter
relating to social care services to an overview and scrutiny committee of a local
authority.
(2)
The committee must—
15
(a)
acknowledge receipt of the referral; and
(b)
keep the referrer informed of the committee’s actions in relation to the
matter.
(3)
The committee must decide whether or not any of its powers is exercisable in
relation to the matter referred.
20
(4)
If the committee concludes that any of those powers is exercisable in relation
to the matter, the committee must decide whether or not to exercise that power
in relation to the matter.
(5)
The committee, in exercising any of those powers in relation to the matter,
must take into account any relevant information provided by a local
25
involvement network.
(6)
The Secretary of State may by regulations make provision as respects
determining the time by which a duty under subsection (2)(a) is to be
performed.
(7)
For the purposes of this section, something is done by a local involvement
30
network if it is done in the carrying-on, in pursuance of arrangements made
under section 153(1), of activities specified in section 153(2).
(8)
In this section—
“overview and scrutiny committee”—
(a)
in relation to a local authority which under Part 2 of the Local
35
Government Act 2000 (c. 22) operates executive arrangements,
means an overview and scrutiny committee of the authority
within the meaning given by section 21(1) of that Act;
(b)
in relation to a local authority which under Part 2 of that Act
operates alternative arrangements, means a committee or sub-
40
committee appointed under section 32(1)(b) of that Act;
(c)
in relation to the Common Council of the City of London, means
a committee established under section 10(1) of the Health and
Social Care Act 2001 (c. 15); and

Local Government and Public Involvement in Health Bill
Part 11 — Patient and public involvement in health and social care
113

(d)
in relation to the Council of the Isles of Scilly, means a
committee which, by virtue of an order under section 265 of the
Local Government Act 1972 (c. 70), is appointed by the Council
under section 21(1) or 32(1)(b) of the Local Government Act
2000 (c. 22);
5
“social care services” means services provided as part of the social
services functions of a local authority;
“social services functions”, in relation to a local authority, has the same
meaning as in the Local Authority Social Services Act 1970 (c. 42).
158
Local involvement networks: annual reports
10
(1)
Subsection (2) has effect for the purposes of section 154(6).
(2)
In relation to any arrangements made under section 153(1) by a local authority
with another person (“H”), the “required provision about annual reports” is—
(a)
provision requiring, for each local involvement network, the
preparation for each financial year of a report in relation to the activities
15
of the network in the year (so far as they are activities specified in
section 153(2) for the local authority’s area and carried on in pursuance
of the arrangements);
(b)
provision requiring that each such report must comply with the
requirements mentioned in subsection (3);
20
(c)
provision for identifying, in the case of each such report, the person
who is to prepare the report;
(d)
provision requiring each such report to be prepared by 30th June after
the end of the financial year concerned; and
(e)
provision requiring that, once such a report has been prepared—
25
(i)
copies of it are to be made publicly available in such manner as
the person preparing it, after having had regard to any
guidance issued by the Secretary of State, considers
appropriate; and
(ii)
a copy of it is to be sent to each of the persons specified in
30
subsection (5).
(3)
The requirements referred to in subsection (2)(b) are—
(a)
that the report addresses, in particular, such matters as the Secretary of
State may direct; and
(b)
that the report includes—
35
(i)
details of the amounts spent by H in respect of the local
involvement network concerned in the year concerned; and
(ii)
details of what those amounts were spent on.
(4)
The person identified in relation to a report by provision required by
subsection (2)(c)—
40
(a)
must be the local involvement network concerned, if the network falls
within subsection (7)(a);
(b)
otherwise, is to be a person involved in the carrying-on of the network’s
activities in the year concerned.
(5)
The persons referred to in subsection (2)(e)(ii) are—
45
(a)
the local authority;