Local Government and Public Involvement in Health Bill

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Local Government and Public Involvement in Health Bill

Local Government and Public Involvement in Health Bill
Part 11 — Patient and public involvement in health and social care
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(b)
each Primary Care Trust, and each Strategic Health Authority, any part
of whose area falls within the area of the local authority;
(c)
any overview and scrutiny committee of the local authority that is
within subsection (6);
(d)
the Secretary of State; and
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(e)
such other persons (if any) as the Secretary of State may direct.
(6)
An overview and scrutiny committee of the local authority is within this
subsection if any activities of the local involvement network concerned (so far
as they are activities specified in section 153(2) and carried on in pursuance of
the arrangements) are relevant to the functions of the committee.
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(7)
In subsections (2) to (6), a reference to a “local involvement network” is to—
(a)
a person who, in pursuance of the arrangements, is to carry on in the
local authority’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-
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on in the local authority’s area of activities so specified for that area.
(8)
In this section—
“financial year” means a period of 12 months ending with 31st March;
“overview and scrutiny committee” has the meaning given by section
157(8).
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(9)
Power to give directions, or issue guidance, for purposes of this section—
(a)
must be exercised by instrument in writing; and
(b)
includes power to vary or revoke directions given, or guidance issued,
in previous exercise of the power.
(10)
Directions given, or guidance issued, for purposes of this section must be
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published in such manner as, in the opinion of the Secretary of State, is likely
to bring them or it to the attention of the persons to whom they or it are
applicable.
159
Sections 153 to 158: interpretation and supplementary
(1)
For the purposes of sections 153 to 158, each of the following is a “local
30
authority”—
(a)
a county council in England;
(b)
a district council for an area in England in relation to which it has the
functions of a county council;
(c)
a London borough council;
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(d)
the Common Council of the City of London; and
(e)
the Council of the Isles of Scilly.
(2)
Any power of the Secretary of State to make regulations under sections 153 to
158 includes power to make incidental, supplementary, consequential,
transitory or transitional provision or savings.
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Abolition of Patients’ Forums etc
160
Abolition of functions of Patients’ Forums
(1)
The following provisions of the 2006 Act are omitted—

Local Government and Public Involvement in Health Bill
Part 11 — Patient and public involvement in health and social care
115

sections 237(3) to (9) and 238 (functions of Patients’ Forums);
section 239 (power to confer rights of entry on members of Patients’
Forums); and
section 241(3) and (4) (regulations about membership of Patients’
Forums).
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(2)
If subsection (1) comes into force on a day other than 1st April—
(a)
section 240 of the 2006 Act (a Patients’ Forum must prepare an annual
report for each financial year), and regulation 4 of the Functions
Regulations (a Patients’ Forum must prepare annual accounts for each
financial year), shall have effect as if the final reporting period of a
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Patients’ Forum were a financial year; and
(b)
regulation 4(3) of the Functions Regulations (accounts for a financial
year to be copied to the Commission no later than 31st May after end of
year) shall have effect in relation to the final reporting period of a
Patients’ Forum as if for “31st May” there were substituted “two
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months”.
(3)
A Patients’ Forum, in its report under section 240 of the 2006 Act for its final
reporting period, must (in particular) include details of anything being done by
the Patients’ Forum that was still in progress when subsection (1) came into
force.
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(4)
Section 240 of the 2006 Act does not require a Patients’ Forum to prepare a
report, and regulation 4 of the Functions Regulations does not require a
Patients’ Forum to prepare annual accounts, in relation to any time after the
end of its final reporting period.
(5)
In subsections (2) to (4) “final reporting period”, in relation to a Patients’
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Forum, means the period—
(a)
ending with the coming into force of subsection (1); and
(b)
beginning with the preceding 1st April.
(6)
In this section—
“the 2006 Act” means the National Health Service Act 2006 (c. 41);
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“the Functions Regulations” means the Patients’ Forums (Functions)
Regulations 2003 (S.I. 2003/2124).
161
Abolition of Patients’ Forums
(1)
The following provisions of the National Health Service Act 2006 are omitted—
section 237(1) and (2) (establishment of Patients’ Forums and
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appointment of their members);
section 240 (Patients’ Forums: annual reports); and
section 241(1) and (2) (power to make further provision about Patients’
Forums).
(2)
The property, rights and liabilities of each Patients’ Forum are by virtue of this
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subsection transferred to the Secretary of State for Health (including any
property, rights and liabilities that would not otherwise be capable of being
transferred).
(3)
Any legal proceedings relating to anything transferred under subsection (2)
may be continued by or in relation to the Secretary of State for Health.
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Local Government and Public Involvement in Health Bill
Part 11 — Patient and public involvement in health and social care
116

162
Abolition of Commission for Patient and Public Involvement in Health
(1)
The following provisions of the 2006 Act are omitted—
section 243 (establishment and functions of the Commission); and
Schedule 16 (further provision about the Commission).
(2)
The property, rights and liabilities of the Commission are by virtue of this
5
subsection transferred to the Secretary of State for Health (including any
property, rights and liabilities that would not otherwise be capable of being
transferred).
(3)
Any legal proceedings relating to anything transferred under subsection (2)
may be continued by or in relation to the Secretary of State for Health.
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(4)
Subsection (5) applies if the Secretary of State is satisfied that the Commission
has carried out, or has substantially carried out, its functions under section
243(5) of the 2006 Act (review by Commission of annual reports of Patients’
Forums) in relation to the final reports of the Patients’ Forums.
(5)
The Secretary of State may fix the period that is to be the Commission’s final
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reporting period for the purposes of paragraphs 11 and 12 of Schedule 16 to the
2006 Act (Commission’s annual report and accounts) by notifying that period
to—
(a)
the Commission; and
(b)
the Comptroller and Auditor General.
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(6)
Paragraphs 11 and 12 of Schedule 16 to the 2006 Act shall have effect as if the
final reporting period notified under subsection (5) were a financial year.
(7)
Paragraphs 11(2) and 12(1) of Schedule 16 to the 2006 Act do not require the
Commission to prepare annual accounts and reports in respect of any time
after the end of the final reporting period notified under subsection (5).
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(8)
The period notified under subsection (5)—
(a)
must be a period beginning with 1st April in any year; and
(b)
may be a period of, or longer or shorter than, 12 months.
(9)
In this section—
“the 2006 Act” means the National Health Service Act 2006 (c. 41);
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“the Commission” means the Commission for Patient and Public
Involvement in Health.
Consultation about health services
163
Duty to consult users of health services
(1)
Section 242 of the National Health Service Act 2006 (c. 41) (public involvement
35
and consultation) is amended as follows.
(2)
For subsection (1) (bodies to which section applies) substitute—
“(1)
This section applies to—
(a)
relevant English bodies, and
(b)
relevant Welsh bodies.
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(1A)
In this section—
“relevant English body” means—

Local Government and Public Involvement in Health Bill
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(a)
a Strategic Health Authority,
(b)
a Primary Care Trust,
(c)
an NHS trust that is not a relevant Welsh body, or
(d)
an NHS foundation trust;
“relevant Welsh body” means an NHS trust all or most of whose
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hospitals, establishments and facilities are in Wales.
(1B)
Each relevant English body must make arrangements, as respects
health services for which it is responsible, which secure that users of
those services are, directly or through representatives, consulted on—
(a)
the planning of the provision of those services,
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(b)
the development and consideration of significant proposals for
changes in the way those services are provided, and
(c)
significant decisions to be made by that body affecting the
operation of those services.
(1C)
For the purposes of subsection (1B)(b), a proposal for changes in the
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way any health services are provided is “significant” if implementation
of the proposal would have a substantial impact on—
(a)
the manner in which the services are delivered to users of those
services, or
(b)
the range of health services available to those users.
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(1D)
For the purposes of subsection (1B)(c), a decision affecting the
operation of any health services is “significant” if implementation of the
decision (if made) would have a substantial impact on—
(a)
the manner in which the services are delivered to users of those
services, or
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(b)
the range of health services available to those users.
(1E)
The reference in each of subsections (1C)(a) and (1D)(a) to the delivery
of services is to their delivery at the point when they are received by
users.
(1F)
For the purposes of subsections (1B) to (1E), a person is a “user” of any
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health services if the person is someone to whom those services are
being or may be provided.
(1G)
A relevant English body must have regard to any guidance given by the
Secretary of State as to the discharge of the body’s duty under
subsection (1B).
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(1H)
The guidance mentioned in subsection (1G) includes (in particular)—
(a)
guidance given by the Secretary of State as to the form to be
taken by consultation under arrangements under subsection
(1B), and
(b)
guidance so given as to when, or how often, such consultation
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is to be carried out.”
(3)
In subsection (2) (each body to which section applies must make
arrangements), for “body to which this section applies” substitute “relevant
Welsh body”.
(4)
In subsection (5) (directions about arrangements under subsection (2)), for
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“subsection (2)” substitute “this section”.