House of Commons portcullis
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 13 — Patient and public involvement in health and social care

123

 

175     

Duties of services-providers to allow entry by local involvement networks

(1)   

The Secretary of State shall by regulations make provision for the purpose of

imposing, on a services-provider, a duty to allow authorised representatives to

enter and view, and observe the carrying-on of activities on, premises owned

or controlled by the services-provider.

5

(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;

(b)   

provision limiting the extent of a duty, whether generally or in

particular cases;

10

(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

of this section by a local involvement network within subsection (6)(a);

(e)   

provision for treating individuals as authorised for the purposes of this

15

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)—

(a)   

providing for a duty not to apply to an authorised representative if he

is, or unless he is, of a particular description;

20

(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.

(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)—

25

(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 172(1), of activities specified in section 172(2); and

(b)   

the representative must comply with any applicable conditions and

restrictions imposed under subsection (1) for the purposes of this

30

paragraph.

(5)   

In this section “authorised representative” means—

(a)   

an individual authorised for the purposes of this section, in accordance

with any applicable provision in regulations under subsection (1), by a

local involvement network within subsection (6)(a); or

35

(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).

(6)   

In this section “local involvement network” means—

(a)   

a person who, in pursuance of arrangements made under section

40

172(1), is to carry on activities specified in section 172(2); or

(b)   

any other means put in place under arrangements made under section

172(1) for the carrying-on of activities so specified.

(7)   

In this section “services-provider” means—

(a)   

a National Health Service trust;

45

(b)   

an NHS foundation trust;

(c)   

a Primary Care Trust;

 
 

Local Government and Public Involvement in Health Bill
Part 13 — Patient and public involvement in health and social care

124

 

(d)   

a local authority; or

(e)   

a person prescribed by regulations made by the Secretary of State.

176     

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

5

authority.

(2)   

The committee must—

(a)   

acknowledge receipt of the referral; and

(b)   

keep the referrer informed of the committee’s actions in relation to the

matter.

10

(3)   

The committee must decide whether or not any of its powers is exercisable in

relation to the matter referred.

(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.

15

(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

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

20

performed.

(7)   

For the purposes of this section, something is done by a local involvement

network if it is done in the carrying-on, in pursuance of arrangements made

under section 172(1), of activities specified in section 172(2).

(8)   

In this section—

25

“overview and scrutiny committee”—

(a)   

in relation to a local authority which under Part 2 of the Local

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;

30

(b)   

in relation to a local authority which under Part 2 of that Act

operates alternative arrangements, means a committee or sub-

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

35

Social Care Act 2001 (c. 15); and

(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

40

2000;

“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).

45

 
 

Local Government and Public Involvement in Health Bill
Part 13 — Patient and public involvement in health and social care

125

 

177     

Local involvement networks: annual reports

(1)   

Subsection (2) has effect for the purposes of section 173(6).

(2)   

In relation to any arrangements made under section 172(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

5

preparation for each financial year of a report in relation to the activities

of the network in the year (so far as they are activities specified in

section 172(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

10

requirements mentioned in subsection (3);

(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

15

(e)   

provision requiring that, once such a report has been prepared—

(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

20

(ii)   

a copy of it is to be sent to each of the persons specified in

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

25

(b)   

that the report includes—

(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

30

subsection (2)(c)—

(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.

35

(5)   

The persons referred to in subsection (2)(e)(ii) are—

(a)   

the local authority;

(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

40

within subsection (6);

(d)   

the Secretary of State; and

(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

45

as they are activities specified in section 172(2) and carried on in pursuance of

the arrangements) are relevant to the functions of the committee.

 
 

Local Government and Public Involvement in Health Bill
Part 13 — Patient and public involvement in health and social care

126

 

(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 172(2) for that area;

or

(b)   

any other means put in place under the arrangements for the carrying-

5

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

176(8).

10

(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

15

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.

178     

Sections 172 to 177: interpretation and supplementary

(1)   

For the purposes of sections 172 to 177, each of the following is a “local

20

authority”—

(a)   

a county council in England;

(b)   

a district council in England, other than a council for a district in a

county for which there is a county council;

(c)   

a London borough council;

25

(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 172 to

177 includes power to make incidental, supplementary, consequential,

transitory or transitional provision or savings.

30

Abolition of Patients’ Forums etc

179     

Abolition of functions of Patients’ Forums

(1)   

The following provisions of the 2006 Act are omitted—

sections 237(3) to (9) and 238 (functions of Patients’ Forums);

section 239 (power to confer rights of entry on members of Patients’

35

Forums); and

section 241(3) and (4) (regulations about membership of Patients’

Forums).

(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

40

report for each financial year), and regulation 4 of the Functions

Regulations (a Patients’ Forum must prepare annual accounts for each

 
 

Local Government and Public Involvement in Health Bill
Part 13 — Patient and public involvement in health and social care

127

 

financial year), shall have effect as if the final reporting period of a

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

5

Patients’ Forum as if for “31st May” there were substituted “two

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

10

force.

(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.

15

(5)   

In subsections (2) to (4) “final reporting period”, in relation to a Patients’

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—

20

“the 2006 Act” means the National Health Service Act 2006 (c. 41);

“the Functions Regulations” means the Patients’ Forums (Functions)

Regulations 2003 (S.I. 2003/2124).

180     

Abolition of Patients’ Forums

(1)   

The following provisions of the National Health Service Act 2006 are omitted—

25

section 237(1) and (2) (establishment of Patients’ Forums and

appointment of their members);

section 240 (Patients’ Forums: annual reports); and

section 241(1) and (2) (power to make further provision about Patients’

Forums).

30

(2)   

The property, rights and liabilities of each Patients’ Forum are by virtue of this

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)

35

may be continued by or in relation to the Secretary of State for Health.

181     

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).

40

(2)   

The property, rights and liabilities of the Commission are by virtue of this

subsection transferred to the Secretary of State for Health (including any

property, rights and liabilities that would not otherwise be capable of being

transferred).

 
 

Local Government and Public Involvement in Health Bill
Part 13 — Patient and public involvement in health and social care

128

 

(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.

(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’

5

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

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—

10

(a)   

the Commission; and

(b)   

the Comptroller and Auditor General.

(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

15

Commission to prepare annual accounts and reports in respect of any time

after the end of the final reporting period notified under subsection (5).

(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.

20

(9)   

In this section—

“the 2006 Act” means the National Health Service Act 2006 (c. 41);

“the Commission” means the Commission for Patient and Public

Involvement in Health.

Consultation about health services

25

182     

Duty to consult users of health services

(1)   

Section 242 of the National Health Service Act 2006 (public involvement and

consultation) is amended as follows.

(2)   

For subsection (1) (bodies to which section applies) substitute—

“(1)   

This section applies to—

30

(a)   

relevant English bodies, and

(b)   

relevant Welsh bodies.

(1A)   

In this section—

“relevant English body” means—

(a)   

a Strategic Health Authority,

35

(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

hospitals, establishments and facilities are in Wales.

40

 
 

Local Government and Public Involvement in Health Bill
Part 13 — Patient and public involvement in health and social care

129

 

(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,

(b)   

the development and consideration of significant proposals for

5

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

way any health services are provided is “significant” if implementation

10

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.

(1D)   

For the purposes of subsection (1B)(c), a decision affecting the

15

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

(b)   

the range of health services available to those users.

20

(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

health services if the person is someone to whom those services are

25

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).

(1H)   

The guidance mentioned in subsection (1G) includes (in particular)—

30

(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

is to be carried out.”

35

(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

“subsection (2)” substitute “this section”.

40

183     

Primary Care Trusts: reports on consultation

In Chapter 2 of Part 2 of the National Health Service Act 2006 (c. 41) (Primary

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2007
Revised 13 March 2007