|
| |
|
(7) | In subsection (6A) of that section— |
| |
(a) | after “65B(1),” insert “65D(2),”, |
| |
| |
(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(1) | Chapter 5A of Part 2 of the National Health Service Act 2006 is repealed on— |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(2) | In consequence of subsection (1), the following are also repealed on the |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. |
| |
| |
164 | Abolition of NHS trusts in England |
| |
(1) | The NHS trusts established under section 25 of the National Health Service Act |
| |
| 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(2) | Chapter 3 of Part 2 of that Act (NHS trusts) is repealed.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). |
| |
|
| |
|
| |
|
(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 |
| |
| |
(5) | For the cross-heading preceding section 33 of that Act substitute “Status etc. of |
| |
| |
(6) | Omit paragraph 19 of Schedule 7 to that Act (initial directors of former NHS |
| 20 |
| |
(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. |
| |
| |
Public involvement and local government |
| |
| 30 |
| |
| |
| |
(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 |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
| 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 |
| |
(4) | The persons referred to in subsection (3) are— |
| |
(a) | the Secretary of State; |
| |
(b) | the National Health Service Commissioning Board; |
| |
| 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 |
| |
| |
|
| |
|
| |
|
(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. |
| |
| 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), |
| |
| 15 |
(b) | must publish a report on the way in which it has exercised its |
| |
functions during the year. |
| |
| |
(a) | lay before Parliament a copy of each report made under |
| |
| 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 |
| |
| |
(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 |
| |
| |
“(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 |
|
| |
|
| |
|
(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 |
| |
| |
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 |
| |
| |
(2) | For the cross-heading preceding section 221 substitute “Local Healthwatch |
| 15 |
| |
(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 |
| |
| |
(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 |
| |
| |
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). |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
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”. |
| |
| |
(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 |
| |
| |
(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).” |
| |
| |
(8) | Section 223 of that Act (power to make further provision about local authority |
| 40 |
arrangements) is amended as follows. |
| |
| |
|
| |
|
| |
|
(a) | after the second “must” insert “— |
| |
(a) | include prescribed provision, or |
| |
| |
(b) | for “local involvement network arrangements” substitute “Local |
| |
Healthwatch arrangements”. |
| 5 |
| |
(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”. |
| |
| |
(a) | omit the definition of “a local involvement network”, and |
| |
(b) | for the definition of “local involvement network arrangements” |
| |
| 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 |
| |
“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 |
| |
| |
(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 |
| |
| 45 |
|
| |
|