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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).”

 
 

 
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