Health and Social Care Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 1 — Public involvement
143

(4)
Each local authority may make such other arrangements as it considers
appropriate for the provision of assistance to individuals in connection
with complaints relating to the provision of services as part of the
health service.
(5)
In making arrangements under this section, a local authority must have
5
regard to the principle that the provision of services under the
arrangements should, so far as practicable, be independent of any
person who is—
(a)
the subject of a relevant complaint; or
(b)
involved in investigating or adjudicating on such a complaint.
10
(6)
A local authority may make payments to any person providing services
under or in pursuance of arrangements under this section; but this
subsection does not apply in relation to the Local Healthwatch
organisation for the authority’s area (to which, by virtue of subsection
(3)), payment may be made under section 222(6)).
15
(7)
The Secretary of State may by regulations make provision requiring a
person providing services under or in pursuance of arrangements
under this section to have cover against the risk of a claim in negligence
arising out of the provision of the services.
(8)
In this section—
20
“the health service” has the same meaning as in the National
Health Service Act 2006;
“health service body” means—
(a)
in relation to England, a body which, under section 2(1)
of the Health Service Commissioners Act 1993, is subject
25
to investigation by the Health Service Commissioner for
England;
(b)
in relation to Wales, a Welsh health service body (within
the meaning of the Public Services Ombudsman (Wales)
Act 2005);
30
“independent provider” means—
(a)
in relation to England, a person who, under section
2B(1) of the Health Service Commissioners Act 1993, is
subject to investigation by the Health Service
Commissioner for England;
35
(b)
in relation to Wales, a person who is an independent
provider in Wales (within the meaning of the Public
Services Ombudsman (Wales) Act 2005).”
(2)
Omit section 248 of the National Health Service Act 2006 (arrangements by the
Secretary of State for the provision of independent advocacy arrangements).
40
(3)
In section 134 of the Mental Health Act 1983 (correspondence of patients), in
subsection (3A)(b)(ii), for “section 248 of the National Health Service Act 2006”
substitute “section 223A of the Local Government and Public Involvement in
Health Act 2007”.
(4)
In section 59 of the Safeguarding Vulnerable Groups Act 2006 (vulnerable
45
adults), in subsection (10)(e), for “section 248 of the National Health Service Act
2006 (c. 41)” substitute “section 223A of the Local Government and Public
Involvement in Health Act 2007”.

Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 1 — Public involvement
144

171
Requests, rights of entry and referrals
(1)
Section 224 of the Local Government and Public Involvement in Health Act
2007 (duties of services-providers to respond to requests for information etc.)
is amended as follows.
(2)
In subsection (1), in paragraphs (a) and (b), for “a local involvement network”
5
substitute “a Local Healthwatch organisation”.
(3)
For subsection (3) substitute—
“(3)
For the purposes of subsection (1), something is done by a Local
Healthwatch organisation if it is done by that organisation in the
carrying-on, under or in pursuance of arrangements made under
10
section 221(1), of activities specified in section 221(2).”
(4)
For the title to that section substitute “Duties of services-providers to respond
to Local Healthwatch organisations”.
(5)
Section 225 of that Act (duties of services-providers to allow entry to premises)
is amended as follows.
15
(6)
In subsection (2), in paragraph (f), and in subsection (5), for “a local
involvement network” substitute “a Local Healthwatch organisation”.
(7)
Omit subsection (6).
(8)
For the title to that section substitute “Duties of services-providers to allow
entry by Local Healthwatch organisations”.
20
(9)
Section 226 of that Act (referrals of social care matters) is amended as follows.
(10)
In subsections (1) and (5), for “a local involvement network” substitute “a Local
Healthwatch organisation”.
(11)
For subsection (7) substitute—
“(7)
For the purposes of this section, something is done by a Local
25
Healthwatch organisation if it is done by that organisation in the
carrying-on, under or in pursuance of arrangements made under
section 221(1), of activities specified in section 221(2).”
(12)
For the title to that section substitute “Referrals of social care matters”.
172
Dissolution and transfer schemes
30
(1)
After section 226 of the Local Government and Public Involvement in Health
Act 2007 insert—
“226A
Dissolution and transfer schemes
(1)
The Secretary of State may, whether on an application by the
Healthwatch England committee and a local authority or on the
35
Secretary of State’s own initiative, by order dissolve the Local
Healthwatch organisation for the authority’s area if the Secretary of
State is satisfied that the circumstances require dissolution.
(2)
The Secretary of State may, in a case of dissolution by virtue of
subsection (1), make a scheme for the transfer of property, rights and
40
liabilities to the body established in consequence of section 220A as the
Local Healthwatch organisation for the area concerned.

Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 1 — Public involvement
145

(3)
A scheme under this section may make provision for rights and
liabilities relating to an individual’s contract of employment; and the
scheme may, in particular, make provision which is the same or similar
to provision in the Transfer of Undertakings (Protection of
Employment) Regulations 2006 (S.I. 2006/246).
5
(4)
A scheme under this section may provide for the transfer of property,
rights and liabilities—
(a)
whether or not they would otherwise be capable of being
transferred or assigned;
(b)
irrespective of any requirement for consent that would
10
otherwise apply.
(5)
A scheme under this section may create rights, or impose liabilities, in
relation to property, rights and liabilities transferred by virtue of the
scheme.
(6)
A scheme under this section may provide for things done by or in
15
relation to the transferor for the purposes of or in connection with
anything transferred by the scheme to be—
(a)
treated as done by or in relation to the transferee or its
employees;
(b)
continued by or in relation to the transferee or its employees.
20
(7)
A scheme under this section may in particular make provision about
continuation of legal proceedings.
(8)
A scheme under this section may include supplementary, incidental
and consequential provision.
(9)
In this section, “the Healthwatch England committee” means the
25
Healthwatch England committee of the Care Quality Commission.”
(2)
In section 240(7) (orders not subject to Parliamentary procedure)—
(a)
omit the “or” following paragraph (a), and
(b)
after that paragraph insert—
“(aa)
an order under section 226A, or”.
30
173
Annual reports
(1)
Section 227 of the Local Government and Public Involvement in Health Act
2007 (annual reports) is amended as follows.
(2)
In subsection (2), after “by a local authority with” insert “a Local Healthwatch
organisation or with”.
35
(3)
In that subsection, in paragraph (a)—
(a)
in sub-paragraph (i)—
(i)
after “requiring” insert “(whether the arrangements are made
with a Local Healthwatch organisation or with H)”,
(ii)
for “local involvement network” substitute “Local Healthwatch
40
organisation”,
(iii)
for “the network”, in each place it appears, substitute “the
organisation”, and
(iv)
after “carried on” insert “under or (as the case may be)”,
(b)
after that sub-paragraph insert “and”,
45

Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 1 — Public involvement
146

(c)
in sub-paragraph (ii)—
(i)
after “requiring” insert “(where the arrangements are made
with H)”,
(ii)
for “local involvement network” substitute “Local Healthwatch
organisation”, and
5
(iii)
for “the network” substitute “the organisation”, and
(d)
omit sub-paragraph (iii) and the preceding “and”.
(4)
In subsection (3)—
(a)
after paragraph (a) insert “and”,
(b)
in paragraph (b)—
10
(i)
omit the words from “, if it is” to “(2)(a)(ii)),”, and
(ii)
in sub-paragraph (i), for “H in respect of the network” substitute
“the Local Healthwatch organisation or H in respect of the
organisation”, and
(c)
omit paragraph (c) and the preceding “and”.
15
(5)
In subsection (4), after paragraph (ca) insert—
“(cb)
the Healthwatch England committee of the Care Quality
Commission;”.
(6)
In subsection (5)—
(a)
in paragraph (a)—
20
(i)
omit the words from the beginning to “(2)(a)(ii)),”,
(ii)
for “the network” substitute “the Local Healthwatch
organisation”, and
(iii)
after “carried on” insert “under or”, and
(b)
omit paragraph (b) and the “and” preceding it.
25
(7)
Omit subsections (6) to (8).
(8)
For the title to section 227 substitute “Local Healthwatch organisations: annual
reports”.
174
Transitional arrangements
(1)
This section applies where arrangements made under section 221 of the Local
30
Government and Public Involvement in Health Act 2007 (“the 2007 Act”)
before the commencement of this Chapter provide for the arrangements to
come to an end at a time that falls after that commencement.
(2)
The Secretary of State may make a scheme providing for the transfer from the
person with whom the local authority in question made the arrangements of
35
property, rights and liabilities to the body established in consequence of
section 220A of the 2007 Act as the Local Healthwatch organisation for the local
authority’s area.
(3)
A scheme under this section may include any provision which may be made in
a scheme under section 226A of the 2007 Act (inserted by section 172).
40
(4)
A scheme under this section may include provision requiring the local
authority to pay compensation to the transferor; and for that purpose the
scheme may—
(a)
impose a duty on the local authority to determine the amount of the
compensation;
45

Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 2 — Local government
147

(b)
confer power on the Secretary of State to do so.
Chapter 2
Local government
Scrutiny functions of local authorities
175
Scrutiny functions of local authorities
5
(1)
Section 244 of the National Health Service Act 2006 is amended as follows.
(2)
In subsection (2)—
(a)
omit “an overview and scrutiny committee of”,
(b)
for “the committee” (in each place where it occurs) substitute “the
authority”,
10
(c)
for “local NHS bodies” (in each place where it occurs) substitute
“relevant NHS bodies or relevant NHS providers”,
(d)
for “local NHS body” (in each place where it occurs except paragraph
(f)) substitute “relevant NHS body or relevant NHS provider”,
(e)
omit the words in brackets in paragraph (c), and
15
(f)
in subsection (f) for “any officer of a local NHS body” substitute “any
member or employee of a relevant NHS body, or a relevant NHS
provider or member or employee of a relevant NHS provider,”.
(3)
After subsection (2) insert—
“(2ZA)
If (by virtue of subsection (2)(c)) regulations make provision as to
20
matters on which relevant NHS bodies or relevant NHS providers must
consult the authority, the regulations may also make provision—
(a)
as to circumstances in which the authority may refer any of
those matters to the Secretary of State, the regulator or the
Board;
25
(b)
conferring powers on the Secretary of State to give directions to
the Board in relation to a matter referred to the Secretary of State
by virtue of regulations under paragraph (a);
(c)
conferring powers on the Board to give directions to a
commissioning consortium in relation to a matter so referred;
30
(d)
conferring powers on the Board to give directions to a
commissioning consortium in relation to a matter referred to
the Board by virtue of regulations under paragraph (a);
(e)
conferring powers on the Secretary of State to give directions to
the Board as to the exercise of its powers by virtue of regulations
35
under paragraph (c) or (d).
(2ZB)
The powers that may be conferred under any of paragraphs (b) to (d) of
subsection (2ZA) include powers to require the person to whom the
direction is given—
(a)
to consult (or consult further) with the authority on the matter
40
in question;
(b)
to determine the matter in a particular way;
(c)
to take, or not to take, any other steps in relation to the matter.

Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 2 — Local government
148

(2ZC)
If (by virtue of subsection (2ZA)(a)) regulations make provision for an
authority to refer a matter to the Secretary of State, the regulator or the
Board, the regulations may also provide for any provision of section
101 of the Local Government Act 1972—
(a)
not to apply in relation to the discharge by the authority of that
5
function, or
(b)
to apply in relation to its discharge with such modifications as
may be prescribed.
(2ZD)
Regulations under this section may authorise a local authority to
arrange for its functions under the regulations to be discharged by an
10
overview and scrutiny committee of the authority.”
(4)
For subsection (3) substitute—
“(3)
For the purposes of subsections (2) and (2ZA)—
“relevant NHS body” means an NHS body other than a Special
Health Authority which is prescribed for those purposes in
15
relation to the authority;
“relevant NHS provider” means a body or person which provides
services under this Act in pursuance of arrangements made by
the Board or a commissioning consortium and is prescribed, or
is of a description prescribed, for those purposes in relation to
20
the authority.”
(5)
After subsection (3) insert—
“(3A)
In subsection (2)(f) the reference to a member—
(a)
in relation to an NHS foundation trust, is to be read as a
reference to a director of the trust, and
25
(b)
in relation to a member that is a body includes a reference to any
member or employee of the body.”
(6)
For the heading to section 244 substitute “Review and scrutiny by local
authorities”.
(7)
For the title to Chapter 3 of Part 12 of the National Health Service Act 2006
30
substitute “Review and scrutiny by local authorities”.
(8)
In section 9F of the Local Government Act 2000 (overview and scrutiny
committees) (as inserted by Schedule 2 to the Localism Act 2011)—
(a)
omit subsection (2)(f),
(b)
omit subsection (3)(a) and (b), and
35
(c)
in subsection (5) omit the word “or” following paragraph (b) and after
paragraph (c) insert “or
(d)
any functions which may be conferred on it by virtue of
regulations under section 244(2ZD) of the National
Health Service Act 2006 (local authority scrutiny of
40
health matters).”