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Health and Social Care Bill


Health and Social Care Bill
Part 4 — NHS Foundation trusts & NHS trusts

136

 

(7)   

In subsection (6A) of that section—

(a)   

after “65B(1),” insert “65D(2),”,

(b)   

omit “65E(1),”,

(c)   

after “65J(2),” insert “65K(4),”, and

(d)   

for “or (4)” substitute “, (4) or (7)”.

5

(8)   

In section 275(1) of that Act (interpretation), in the definition of “NHS trust”,

omit the words from “and” to the end.

(9)   

In paragraph 22(1) of Schedule 7 to that Act (documents which must be made

available to the public free of charge), at the end insert “,

(g)   

a copy of any order made under section 65D, 65J, 65K or 65L,

10

(h)   

a copy of any report laid under section 65D,

(i)   

a copy of any draft report published under section 65F,

(j)   

a copy of any statement under section 65G,

(k)   

a copy of any notice published under section 65H, 65J or 65K,

(l)   

a copy of any final report published under section 65I,

15

(m)   

a copy of any statement published under section 65J,

(n)   

a copy of any information published under section 65M.”

(10)   

In section 206(1) of the National Health Service (Wales) Act 2006, in the

definition of “NHS trust”, omit the words from “(including” to the end.

163     

Repeal of Chapter 5A of Part 2 of the National Health Service Act 2006

20

(1)   

Chapter 5A of Part 2 of the National Health Service Act 2006 is repealed on—

(a)   

the commencement of the first regulations under section 55A of that

Act and the first regulations under section 116 of this Act that make

provision for cases involving NHS foundation trusts, or

(b)   

where the regulations come into force on different days, on whichever

25

commencement occurs first.

(2)   

In consequence of subsection (1), the following are also repealed on the

commencement of the repeal of Chapter 5A of Part 2 of that Act—

(a)   

section 39(2)(g) to (m) of that Act,

(b)   

section 272(2)(ab) and (6A) of that Act,

30

(c)   

sections 159 to 162 and 167(5) of this Act.

Abolition of NHS trusts

164     

Abolition of NHS trusts in England

(1)   

The NHS trusts established under section 25 of the National Health Service Act

2006 are abolished.

35

(2)   

Chapter 3 of Part 2 of that Act (NHS trusts) is repealed.

(3)   

This section and section 165 come into force on 1 April 2014.

(4)   

The Secretary of State may by order substitute another date for the date for the

time being specified in subsection (3).

 
 

Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 1 — Public involvement

137

 

(5)   

Where arrangements under which a person exercises (or is to exercise)

functions on behalf of an NHS trust are in force immediately before the

commencement of this section—

(a)   

the trust is to continue after that commencement to be constituted as an

NHS trust until the arrangements come to an end, and

5

(b)   

despite subsection (2), Chapter 3 of Part 2 of the National Health

Service Act 2006 is to continue to have effect so far as necessary for the

purposes of the arrangements.

(6)   

Schedule 12 (which contains consequential amendments) has effect.

165     

Repeal of provisions on authorisation for NHS foundation trusts

10

(1)   

Omit section 33 of the National Health Service Act 2006 (application by NHS

trust for authorisation).

(2)   

Omit section 35 of that Act (authorisation of NHS foundation trust).

(3)   

Omit section 36(1), (3) and (4) of that Act (NHS trust to become NHS

foundation trust on being given authorisation but retain liabilities).

15

(4)   

For the title to section 36 of that Act substitute “Status etc. of NHS foundation

trusts”.

(5)   

For the cross-heading preceding section 33 of that Act substitute “Status etc. of

NHS foundation trusts”.

(6)   

Omit paragraph 19 of Schedule 7 to that Act (initial directors of former NHS

20

trust).

(7)   

Despite the preceding provisions of this section, sections 33, 35 and 36(1), (3)

and (4) of, and paragraph 19 of Schedule 7 to, that Act continue to have effect

in the case of an NHS trust continuing in existence by virtue of section 164(5).

(8)   

The repeal by subsection (3) section 36(4) of that Act does not affect the

25

continuity of anything continuing by virtue of that provision immediately

before the commencement of this section.

Part 5

Public involvement and local government

Chapter 1

30

Public involvement

Healthwatch England

166     

Healthwatch England

(1)   

The Health and Social Care Act 2008 is amended as follows.

(2)   

In Schedule 1 (the Care Quality Commission: constitution, etc.), in paragraph

35

 
 

Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 1 — Public involvement

138

 

6, after sub-paragraph (1) insert—

   “(1A)  

A committee of the Commission known as “the Healthwatch

England committee” is to be appointed in accordance with

regulations.

     (1B)  

The purpose of the Healthwatch England committee is to provide the

5

Commission or other persons with advice or assistance in

accordance with provision made by or under this or any other Act.

     (1C)  

The provision that may be made by virtue of sub-paragraph (1A)

includes provision as to—

(a)   

the removal or suspension of members of the committee;

10

(b)   

the payment of remuneration and allowances to members.”

(3)   

In sub-paragraph (4) of that paragraph, after “advisory committee” insert “, the

Healthwatch England committee”.

(4)   

In Chapter 3 of Part 1 (quality of health and social care), before section 46 and

the preceding cross-heading insert—

15

“Advice given by Healthwatch England

45A     

Functions to be exercised by Healthwatch England

(1)   

The Commission has the functions set out in subsections (2) and (3), but

must arrange for the Healthwatch England committee to exercise the

functions on its behalf.

20

(2)   

The function in this subsection is to provide Local Healthwatch

organisations with advice on and assistance in relation to—

(a)   

the making of arrangements under or in pursuance of section

221(1) of the Local Government and Public Involvement in

Health Act 2007 (local care services);

25

(b)   

the carrying on by the organisations of activities specified in

section 221(2) of that Act.

(3)   

The function in this subsection is to provide the persons mentioned in

subsection (4) with information and advice on—

(a)   

the views of people who use health or social care services and of

30

other members of the public on their needs for and experiences

of health and social care services, and

(b)   

the views of Local Healthwatch organisations and of other

persons on the standard of provision of health and social care

services and on whether or how the standard could or should

35

be improved.

(4)   

The persons referred to in subsection (3) are—

(a)   

the Secretary of State;

(b)   

the National Health Service Commissioning Board;

(c)   

Monitor;

40

(d)   

English local authorities.

(5)   

A person provided with advice under subsection (3) must inform the

Healthwatch England committee in writing of its response or proposed

response to the advice.

 
 

Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 1 — Public involvement

139

 

(6)   

The Healthwatch England committee may provide the Commission

with advice on the matters mentioned in subsection (3)(a) and (b).

(7)   

The Commission must publish details of arrangements it makes under

subsection (1) (including details of payments of remuneration or other

amounts); and inclusion of the details in a report under section 83 is not

5

to be regarded as a discharge of the duty imposed by this subsection.

(8)   

In performing functions under this section, the Healthwatch England

committee must have regard to such aspects of government policy as

the Secretary of State may direct.

45B     

Reports

10

(1)   

As soon as possible after the end of each financial year, the

Healthwatch England committee—

(a)   

must make a report to the Commission (whether or not in

writing) on the matters mentioned in section 45A(3)(a) and (b),

and

15

(b)   

must publish a report on the way in which it has exercised its

functions during the year.

(2)   

The committee must—

(a)   

lay before Parliament a copy of each report made under

subsection (1)(b), and

20

(b)   

send a copy of each such report to the Secretary of State.

(3)   

The committee may publish other reports at such times, and on such

matters relating to health or social care, as it thinks appropriate.

(4)   

Before publishing a report under subsection (1)(b), the committee must,

so far as practicable, exclude any matter which relates to the private

25

affairs of an individual the publication of which, in the committee’s

opinion, would or might seriously and prejudicially affect that

individual’s interests.

(5)   

In this section, “financial year” means—

(a)   

the period beginning with the date on which the committee is

30

appointed and ending with the following 31 March, and

(b)   

each successive period of 12 months ending with 31 March.”

(5)   

In section 82 (failure by Commission to discharge functions), after subsection

(1) insert—

“(1A)   

The Secretary of State may give a direction to the Healthwatch England

35

committee if the Secretary of State considers that the committee—

(a)   

is failing or has failed to discharge a function under section 45A

or any other function it is required to discharge, or

(b)   

is failing or has failed properly to discharge a function under

that section or any other such function.”

40

(6)   

In subsection (2) of that section—

(a)   

after “(1)” insert “or (1A)”, and

(b)   

after “the Commission” insert “or (as the case may be) the committee”.

(7)   

In subsection (3) of that section—

(a)   

after “the Commission” insert “or the committee”, and

45

 
 

Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 1 — Public involvement

140

 

(b)   

after “(1)” insert “or (1A)”.

(8)   

In section 83 (reports for each financial year etc), after subsection (1) insert—

“(1A)   

The reference in subsection (1)(a) to the Commission’s functions does

not include a reference to its functions under section 45A.”

(9)   

After subsection (2) of that section insert—

5

“(2A)   

The reports under subsection (1)(b) and (c) must, in particular, set out

(and identify as such) the contents of the report made by the

Healthwatch England committee under section 45B(1)(a) in respect of

the year concerned.”

Local Healthwatch organisations

10

167     

Establishment and constitution

(1)   

Part 14 of the Local Government and Public Involvement in Health Act 2007

(patient and public involvement in health and social care) is amended as

follows.

(2)   

For the cross-heading preceding section 221 substitute “Local Healthwatch

15

organisations”.

(3)   

Before that section (but after that cross-heading) insert—

“220A   

Local Healthwatch organisations

(1)   

There is to be a body known as a Local Healthwatch organisation for

the area of each local authority, the main purpose of which is to carry

20

on activities in that area in accordance with this Part.

(2)   

Schedule 16A (further provision about Local Healthwatch

organisations) has effect.”

(4)   

After Schedule 16, insert the Schedule 16A set out in Schedule 13 to this Act.

(5)   

In section 65H of the National Health Service Act 2006 (de-authorisation of

25

NHS foundation trusts: consultation requirements), in subsection (8)(e)—

(a)   

before “in pursuance of” insert “under or”, and

(b)   

for “local involvement networks” substitute “Local Healthwatch

organisations”.

(6)   

In section 4 of the Health and Social Care Act 2008 (matters to which the Care

30

Quality Commission must have regard)—

(a)   

in subsection (1)(c), for “local involvement networks” substitute “Local

Healthwatch organisations”, and

(b)   

omit subsection (3).

168     

Activities relating to local care services

35

(1)   

Section 221 of the Local Government and Public Involvement in Health Act

2007 (health services and social services) is amended as follows.

(2)   

In subsection (2), omit the “and” preceding paragraph (d).

 
 

Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 1 — Public involvement

141

 

(3)   

After that paragraph insert—

“(e)   

providing advice and information about access to local care

services and about choices that may be made with respect to

aspects of those services;

(f)   

reaching views on the matters mentioned in subsection (3) and

5

making those views known to the Healthwatch England

committee of the Care Quality Commission;

(g)   

making recommendations to that committee to advise the

Commission about special reviews or investigations to conduct

(or, where the circumstances justify doing so, making such

10

recommendations direct to the Commission); and

(h)   

giving that committee such assistance as it may require to

enable it to carry out its functions effectively, efficiently and

economically.”

(4)   

In subsection (3), after “(2)(b)” insert “and (f)”.

15

(5)   

For the title to section 221 substitute “Health services and social services: local

arrangements”.

169     

Local authority arrangements

(1)   

Section 222 of the Local Government and Public Involvement in Health Act

2007 (arrangements under section 221 of that Act) is amended as follows.

20

(2)   

For subsection (2) substitute—

“(2)   

The arrangements must secure that the Local Healthwatch organisation

for A’s area, under or in pursuance of the arrangements, carries on in

A’s area activities specified in section 221(2) for that area.”

(3)   

In subsection (3), for “a person (“H”)” substitute “a Local Healthwatch

25

organisation or with a person”.

(4)   

Omit subsection (4).

(5)   

For subsection (5) substitute—

“(5)   

The arrangements may (in particular) make provision as respects co-

operation between the Local Healthwatch organisation for the area and

30

one or more other Local Healthwatch organisations.”

(6)   

After subsection (7) insert—

“(7A)   

A must exercise its functions under this Part so as to secure that the

arrangements—

(a)   

operate effectively, and

35

(b)   

represent value for money.

(7B)   

A must publish a report of its findings in seeking to secure the objective

mentioned in subsection (7A).”

(7)   

Omit subsection (8).

(8)   

Section 223 of that Act (power to make further provision about local authority

40

arrangements) is amended as follows.

(9)   

In subsection (1)—

 
 

Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 1 — Public involvement

142

 

(a)   

after the second “must” insert “—

(a)   

include prescribed provision, or

(b)   

”, and

(b)   

for “local involvement network arrangements” substitute “Local

Healthwatch arrangements”.

5

(10)   

In subsection (2)—

(a)   

after “must” insert “include or”,

(b)   

for “local involvement network arrangements” substitute “Local

Healthwatch arrangements”, and

(c)   

in paragraphs (a), (c) and (d), for “a local involvement network”

10

substitute “a Local Healthwatch organisation”.

(11)   

In subsection (3)—

(a)   

omit the definition of “a local involvement network”, and

(b)   

for the definition of “local involvement network arrangements”

substitute—

15

““Local Healthwatch arrangements”, in relation to local

authority arrangements, means arrangements made in

pursuance of the local authority arrangements.”

170     

Independent advocacy services

(1)   

After section 223 of the Local Government and Public Involvement in Health

20

Act 2007 insert—

“223A   

Independent advocacy services

(1)   

Each local authority must make such arrangements as it considers

appropriate for the provision of independent advocacy services.

(2)   

In this section, “independent advocacy services” means services

25

providing assistance (by way of representation or otherwise) to persons

making or intending to make—

(a)   

a complaint under a procedure operated by a health service

body or independent provider;

(b)   

a complaint under section 113(1) or (2) of the Health and Social

30

Care (Community Health and Standards) Act 2003;

(c)   

a complaint to the Health Service Commissioner for England or

the Public Service Ombudsman for Wales; or

(d)   

a complaint of such description as the Secretary of State may by

regulations prescribe which relates to the provision of services

35

as part of the health service and—

(i)   

is made under a procedure of a description prescribed in

the regulations, or

(ii)   

gives rise, or may give rise, to proceedings of a

description prescribed in the regulations.

40

(3)   

Where arrangements under this section provide for the Local

Healthwatch organisation for the authority’s area to provide the

services or to arrange for their provision, the arrangements are to be

treated for the purposes of this Part as arrangements made under

section 221(1).

45

 
 

 
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