House of Commons Amendments

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

30

“242A
Strategic Health Authorities: further duty to involve users

(1)
The Secretary of State must by regulations require each Strategic

Health Authority to make arrangements which secure that health

service users are, directly or through representatives, involved

(whether by being consulted or provided with information, or in

other ways) in prescribed matters.

(2)
In this section “health service users” means persons to whom health

services are being or may be provided in the area of the Strategic

Health Authority.

(3)
A Strategic Health Authority must have regard to any guidance

given by the Secretary of State as to the discharge of the authority’s

duty under regulations under this section.

(4)
The guidance mentioned in subsection (3) includes (in particular)—

(a)
guidance given by the Secretary of State as to when, or how

often, involvement under arrangements under the

regulations is to be carried out;

(b)
guidance given by the Secretary of State as to the form to be

taken by such involvement in any case specified by the

guidance.

(5)
Any duty of a Strategic Health Authority under regulations under

this section is in addition to the authority’s duty under section

242(1B).

242B
Directions in cases where Strategic Health Authority arranges

involvement

(1)
The Secretary of State may make regulations enabling a Strategic

Health Authority, in circumstances mentioned in subsection (2), to

direct a Primary Care Trust that persons who would otherwise be

involved in a particular matter under arrangements made by the

Primary Care Trust under section 242 are not to be involved in that

matter under those arrangements.

(2)
The circumstances referred to in subsection (1) are where the

persons concerned are to be involved (whether by the Strategic

Health Authority, by the Strategic Health Authority and the

Primary Care Trust acting jointly, or otherwise) under

arrangements made or to be made by the Strategic Health

Authority.

(3)
Regulations under this section may include provision—

(a)
for the consequences of compliance with a direction,

including provision that a Primary Care Trust is not to be

taken to have failed to comply with its duty under section

242(1B) by reason of compliance with a direction,

(b)
enabling a direction to be given where involvement under

arrangements made by the Primary Care Trust has already

begun, and as to the provision that may be made by the

direction in such a case,

(c)
requiring prescribed information to be provided by a

Primary Care Trust to a Strategic Health Authority,

(d)
requiring prescribed information to be provided by a

Strategic Health Authority to a Primary Care Trust,

31

(e)
enabling a Strategic Health Authority to direct a Primary

Care Trust to act jointly with the Strategic Health Authority

in carrying out involvement.””
Clause 233
200
Page 163, line 30, at end insert—

“( )
In Chapter 1 of Part 2 of the National Health Service Act 2006 (c. 41)

(Strategic Health Authorities), after section 17 insert—

“17A
Reports on consultation

(1)
Each Strategic Health Authority must, at such times as the Secretary

of State may direct, prepare a report—

(a)
on the consultation it has carried out, or proposes to carry

out, before making commissioning decisions, and

(b)
on the influence that the results of consultation have on its

commissioning decisions.

(2)
In subsection (1) “commissioning decisions”, in relation to a

Strategic Health Authority, means (subject to any directions under

subsection (5)(e)) decisions as to the carrying-out of functions

exercisable by it for the purpose of securing, by arrangement with

any person or body, the provision of services as part of the health

service.

(3)
Each Strategic Health Authority must also, at such times as the

Secretary of State may direct, prepare a report—

(a)
on any relevant consultation carried out by the authority,

and

(b)
on the influence that the results of any relevant consultation

have had on such matters as may be specified in the

direction.

(4)
In subsection (3) “relevant consultation” means consultation in

relation to matters specified by the direction under that subsection.

(5)
The Secretary of State may give directions as to—

(a)
the periods to be covered by reports under this section;

(b)
the matters to be dealt with by reports under this section;

(c)
the form and content of reports under this section;

(d)
the publication of reports under this section;

(e)
decisions that are to be treated as being, or that are to be

treated as not being, commissioning decisions for the

purposes of subsection (1).””
201
Page 163, line 36, leave out from “consultation” to “commissioning” in line 37 and

insert “carried out, or proposed to be carried out, before the making by the Primary

Care Trust of”
Clause 235
202
Page 164, line 16, leave out “any member of a local” and insert “a member of the”

32

Clause 239
203
Page 169, line 14, leave out subsections (4) and (5) and insert—

“(4)
A statutory instrument containing an order made by the Welsh Ministers

under section 211 or 219, other than an instrument to which subsection (5)

applies, is subject to annulment in pursuance of a resolution of the National

Assembly for Wales.

(5)
A statutory instrument containing—

an order under section 211 which includes provision amending an

enactment, or

an order made by the Welsh Ministers under section 213,


may not be made unless a draft of the order has been laid before and

approved by a resolution of the National Assembly for Wales.”
204
Page 169, line 21, after “order” insert “made by the Secretary of State”
205
Page 169, line 21, leave out “or 40” and insert “, 40 or 213”
206
Page 169, line 21, leave out “or 8” and insert “, 9(4)(b) or 10(3)(b) of Schedule (New

arrangements for executives: transitional provision)”
Clause 243
207
Page 170, line 39, after “10,” insert “13,”
208
Page 170, line 39, after “10,” insert “(Consequential amendments relating to joint waste

authorities),”
209
Page 170, line 39, after second “9,” insert “14,”
Clause 244
210
Page 171, line 7, after “sections” insert “75(2),”
211
Page 171, line 7, after “245” insert “, and Part 3 of Schedule (New arrangements for

executives: transitional provision),”
212
Page 171, line 12, after “Part 3” insert “(to the extent that it does not come into force

in accordance with subsection (1))”
213
Page 171, line 18, leave out “and (4)” and insert “to (5)”
214
Page 171, line 19, at end insert—

“( )
The following provisions come into force in relation to Wales on such day

as the Welsh Ministers may by order appoint—


section (Reference of local crime and disorder matters to crime and

disorder committees etc);


the entry in Part 6 of Schedule 18 relating to the Police and Justice

Act 2006 (c. 48);


section 240 so far as relating to that entry.”
Schedule 1
215
Page 172, line 18, leave out from “omit” to end of line 20
216
Page 172, line 32, after “words” insert ““and the order of retirement” and”

33
217
Page 176, line 11, leave out from “for” to end of line 13 and insert ““, section 58 of

the Local Government Act 1972 or section 17 of the Local Government Act 1992”

substitute “or section 58 of the Local Government Act 1972””
218
Page 176, leave out lines 22 to 27 and insert—

“This Act shall have effect as if the amendments of the Local Government Act 1992

made by the Local Government and Public Involvement in Health Act 2007 had

not been made.””
Schedule 3
219
Leave out Schedule 3
Schedule 4
220
Page 178, line 15, at end insert—

“Local Government Act 1972 (c. 70)

1
The Local Government Act 1972 is amended as follows.

2    (1)
Section 2 (constitution of principal councils in England) is amended as

follows.

      (2)
After subsection (2A) insert—

“(2B)
In such a case, a reference in this Act to a member of a council is

a reference to—

(a)
the elected mayor of the council,

(b)
the chairman of the council, or

(c)
a councillor of the council.”

3    (1)
Section 3 (chairman) is amended as follows.

      (2)
In subsection (4A) omit “or a mayor and council manager executive”.

4    (1)
Section 21 (constitution of principal councils in Wales) is amended as

follows.

      (2)
After subsection (1A) insert—

“(1B)
In such a case, a reference in this Act to a member of a council is

a reference to—

(a)
the elected mayor of the council,

(b)
the chairman of the council, or

(c)
a councillor of the council.”

5    (1)
Section 79 (qualifications for election and holding office) is amended as

follows.

      (2)
In subsection (1) omit “, or be qualified to be elected and to be an elected

mayor,”.

6    (1)
Section 80 (disqualification for election and holding office) is amended

as follows.

      (2)
In subsection (1) in the words before paragraph (a) omit “, and be

disqualified for being elected or being an elected mayor,”.

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7    (1)
Section 100G (principal councils to publish additional information) is

amended as follows.

      (2)
In subsection (1)(a) for the second “and” substitute “together with, in the

case of a councillor,”.

8    (1)
Section 100J (application of Part 5A to new authorities, Common

Council, etc) is amended as follows.

      (2)
In subsection (4)(a)—

(a)
for “from “ward” onwards” substitute “after “together with””;

(b)
before “name” insert “the”.

      (3)
In subsection (4)(aa)—

(a)
for “from “ward” onwards” substitute “after “together with””;

(b)
before “name” insert “the”.

      (4)
In subsection (4)(b) for “from “and the ward” onwards” substitute “after

“for the time being””.

      (5)
In subsection (4)(c)—

(a)
before “ward” insert “, in the case of a councillor, the”;

(b)
before “constituent” insert “the”.

      (6)
In subsection (4A)—

(a)
before “the ward” insert “together with, in the case of a

councillor,”;

(b)
before the first “whether” insert “and”.

9    (1)
Section 249 (honorary aldermen and freemen) is amended as follows.

      (2)
In subsection (1) for “councillors” substitute “members”.

      (3)
In subsection (2) for “councillor” substitute “member”.

10  (1)
Section 270 (general provisions as to interpretation) is amended as

follows.

      (2)
In subsection (1) for the definition of “leader and cabinet executive”

substitute—

““leader and cabinet executive means”—

(a)
in relation to England: a leader and cabinet

executive (England);

(b)
in relation to Wales: a leader and cabinet

executive (Wales);”.

      (3)
In subsection (1) insert the following definitions at the appropriate

places—

““leader and cabinet executive (England)” has the same

meaning as in Part 2 of the Local Government Act 2000;”;

““leader and cabinet executive (Wales)” has the same

meaning as in Part 2 of the Local Government Act 2000;”.

      (4)
In subsection (4A) omit “or a mayor and council manager executive”.

11  (1)
Schedule 2 (constitution and membership of London borough councils)

is amended as follows.

      (2)
For paragraph 5C substitute—