|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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. |
| |
| 20 |
“the health service” has the same meaning as in the National |
| |
| |
“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 |
| |
| |
(b) | in relation to Wales, a Welsh health service body (within |
| |
the meaning of the Public Services Ombudsman (Wales) |
| |
| 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 |
| |
| |
(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”. |
| |
|
| |
|
| |
|
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.) |
| |
| |
(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) |
| |
| 15 |
(6) | In subsection (2), in paragraph (f), and in subsection (5), for “a local |
| |
involvement network” substitute “a Local Healthwatch organisation”. |
| |
| |
(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 |
| |
| |
“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. |
| |
|
| |
|
| |
|
(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, |
| |
| |
(a) | whether or not they would otherwise be capable of being |
| |
| |
(b) | irrespective of any requirement for consent that would |
| 10 |
| |
(5) | A scheme under this section may create rights, or impose liabilities, in |
| |
relation to property, rights and liabilities transferred by virtue of the |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
| 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 |
| |
(iii) | for “the network”, in each place it appears, substitute “the |
| |
| |
(iv) | after “carried on” insert “under or (as the case may be)”, |
| |
(b) | after that sub-paragraph insert “and”, |
| 45 |
|
| |
|
| |
|
(c) | in sub-paragraph (ii)— |
| |
(i) | after “requiring” insert “(where the arrangements are made |
| |
| |
(ii) | for “local involvement network” substitute “Local Healthwatch |
| |
| 5 |
(iii) | for “the network” substitute “the organisation”, and |
| |
(d) | omit sub-paragraph (iii) and the preceding “and”. |
| |
| |
(a) | after paragraph (a) insert “and”, |
| |
| 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 |
| |
| |
(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 |
| |
| |
| |
| 20 |
(i) | omit the words from the beginning to “(2)(a)(ii)),”, |
| |
(ii) | for “the network” substitute “the Local Healthwatch |
| |
| |
(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 |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(a) | impose a duty on the local authority to determine the amount of the |
| |
| 45 |
|
| |
|
| |
|
(b) | confer power on the Secretary of State to do so. |
| |
| |
| |
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. |
| |
| |
(a) | omit “an overview and scrutiny committee of”, |
| |
(b) | for “the committee” (in each place where it occurs) substitute “the |
| |
| 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 |
| |
| 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 |
| |
| |
(a) | to consult (or consult further) with the authority on the matter |
| 40 |
| |
(b) | to determine the matter in a particular way; |
| |
(c) | to take, or not to take, any other steps in relation to the matter. |
| |
|
| |
|
| |
|
(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 |
| |
(b) | to apply in relation to its discharge with such modifications as |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|