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177 | Repeal of provisions on authorisation for NHS foundation trusts |
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(1) | Omit section 33 of the National Health Service Act 2006 (application by NHS |
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trust for authorisation). |
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(2) | Omit section 35 of that Act (authorisation of NHS foundation trust). |
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(3) | Omit section 36(1), (3) and (4) of that Act (NHS trust to become NHS |
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foundation trust on being given authorisation but retain liabilities). |
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(4) | For the title to section 36 of that Act substitute “Status etc. of NHS foundation |
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(5) | For the cross-heading preceding section 33 of that Act substitute “Status etc. of |
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(6) | Omit paragraph 19 of Schedule 7 to that Act and the preceding cross-heading |
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(initial directors of former NHS trust). |
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(7) | Despite the preceding provisions of this section, sections 33, 35 and 36(1), (3) |
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and (4) of, and paragraph 19 of Schedule 7 to, that Act continue to have effect |
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in the case of an NHS trust continuing in existence by virtue of section 176(5). |
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(8) | The repeal by subsection (3) section 36(4) of that Act does not affect the |
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continuity of anything continuing by virtue of that provision immediately |
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before the commencement of this section. |
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Public involvement and local government |
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(1) | The Health and Social Care Act 2008 is amended as follows. |
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(2) | In Schedule 1 (the Care Quality Commission: constitution, etc.), in paragraph |
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6, after sub-paragraph (1) insert— |
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“(1A) | A committee of the Commission known as “the Healthwatch |
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England committee” is to be appointed in accordance with |
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(1B) | The purpose of the Healthwatch England committee is to provide the |
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Commission or other persons with advice or assistance in |
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accordance with provision made by or under this or any other Act. |
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(1C) | The provision that may be made by virtue of sub-paragraph (1A) |
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includes provision as to— |
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(a) | the removal or suspension of members of the committee; |
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(b) | the payment of remuneration and allowances to members.” |
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|
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|
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(3) | In sub-paragraph (4) of that paragraph, after “advisory committee” insert “, the |
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Healthwatch England committee”. |
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(4) | In Chapter 3 of Part 1 (quality of health and social care), before section 46 and |
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the preceding cross-heading insert— |
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“Advice given by Healthwatch England |
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45A | Functions to be exercised by Healthwatch England |
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(1) | The Commission has the functions set out in subsections (2) and (3), but |
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must arrange for the Healthwatch England committee to exercise the |
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(2) | The function in this subsection is to provide Local Healthwatch |
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organisations with advice on and assistance in relation to— |
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(a) | the making of arrangements under or in pursuance of section |
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221(1) of the Local Government and Public Involvement in |
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Health Act 2007 (local care services); |
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(b) | the carrying on by the organisations of activities specified in |
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section 221(2) of that Act. |
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(3) | The function in this subsection is to provide the persons mentioned in |
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subsection (4) with information and advice on— |
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(a) | the views of people who use health or social care services and of |
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other members of the public on their needs for and experiences |
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of health and social care services, and |
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(b) | the views of Local Healthwatch organisations and of other |
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persons on the standard of provision of health and social care |
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services and on whether or how the standard could or should |
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(4) | The persons referred to in subsection (3) are— |
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(a) | the Secretary of State; |
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(b) | the National Health Service Commissioning Board; |
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(d) | English local authorities. |
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(5) | A person provided with advice under subsection (3) must inform the |
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Healthwatch England committee in writing of its response or proposed |
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(6) | The Healthwatch England committee may provide the Commission |
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with information and advice on the matters mentioned in subsection |
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(7) | The Commission must publish details of arrangements it makes under |
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subsection (1) (including details of payments of remuneration or other |
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amounts); and inclusion of the details in a report under section 83 is not |
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to be regarded as a discharge of the duty imposed by this subsection. |
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(8) | In performing functions under this section, the Healthwatch England |
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committee must have regard to such aspects of government policy as |
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the Secretary of State may direct. |
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|
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|
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|
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(1) | As soon as possible after the end of each financial year, the |
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Healthwatch England committee— |
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(a) | must make a report to the Commission (whether or not in |
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writing) on the matters mentioned in section 45A(3)(a) and (b), |
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(b) | must publish a report on the way in which it has exercised |
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during the year the functions exercisable by it. |
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(a) | lay before Parliament a copy of each report made under |
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(b) | send a copy of each such report to the Secretary of State. |
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(3) | The committee may publish other reports at such times, and on such |
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matters relating to health or social care, as it thinks appropriate. |
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(4) | Before publishing a report under subsection (1)(b), the committee must, |
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so far as practicable, exclude any matter which relates to the private |
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affairs of an individual the publication of which, in the committee’s |
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opinion, would or might seriously and prejudicially affect that |
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(5) | In this section, “financial year” means— |
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(a) | the period beginning with the date on which the committee is |
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appointed and ending with the following 31 March, and |
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(b) | each successive period of 12 months ending with 31 March.” |
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(5) | In section 82 (failure by Commission to discharge functions), after subsection |
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“(1A) | The Secretary of State may give a direction to the Healthwatch England |
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committee if the Secretary of State considers that the committee— |
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(a) | is failing or has failed to discharge a function under section 45A |
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or any other function it is required to discharge, or |
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(b) | is failing or has failed properly to discharge a function under |
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that section or any other function it is required to discharge.” |
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(6) | In subsection (2) of that section— |
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(a) | after “(1)” insert “or (1A)”, and |
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(b) | after “the Commission” insert “or (as the case may be) the committee”. |
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(7) | In subsection (3) of that section— |
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(a) | after “the Commission” insert “or the committee”, and |
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(b) | after “(1)” insert “or (1A)”. |
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(8) | In section 83 (reports for each financial year etc), after subsection (1) insert— |
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“(1A) | The reference in subsection (1)(a) to the Commission’s functions does |
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not include a reference to its functions under section 45A.” |
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(9) | After subsection (2) of that section insert— |
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“(2A) | The reports under subsection (1)(b) and (c) must, in particular, set out |
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(and identify as such) the contents of the report made by the |
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|
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|
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Healthwatch England committee under section 45B(1)(a) in respect of |
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(10) | In each of the following provisions, at the end of the entry for the Care Quality |
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Commission insert “and the Healthwatch England committee”— |
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(a) | Part 2 of Schedule 1 to the Public Records Act 1958, |
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(b) | Part 2 of Schedule 1 to the House of Commons Disqualification Act |
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(c) | Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification |
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(11) | Where the Healthwatch England committee does not consist of or include all |
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the members of the Care Quality Commission, the committee is nonetheless to |
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be treated as doing so for the purposes of section 2(1) of the Public Bodies |
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(Admission to Meetings) Act 1960. |
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Local Healthwatch organisations |
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179 | Establishment and constitution |
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(1) | Part 14 of the Local Government and Public Involvement in Health Act 2007 |
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(patient and public involvement in health and social care) is amended as |
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(2) | For the cross-heading preceding section 221 substitute “Local Healthwatch |
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(3) | Before that section (but after that cross-heading) insert— |
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“220A | Local Healthwatch organisations |
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(1) | There is to be a body known as a Local Healthwatch organisation for |
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the area of each local authority, the main purpose of which is to carry |
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on activities in that area in accordance with this Part. |
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(2) | Schedule 16A (further provision about Local Healthwatch |
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organisations) has effect.” |
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(4) | After Schedule 16, insert the Schedule 16A set out in Schedule 15 to this Act. |
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(5) | In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, after |
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“(bk) | Local Healthwatch organisations;”. |
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(6) | In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, at |
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the appropriate place insert— |
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“A Local Healthwach organisation.” |
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(7) | In Part 2 of Schedule 1 to the Northern Ireland Disqualification Act 1975, at the |
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appropriate place insert— |
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“A Local Healthwatch organisation.” |
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(8) | In section 65H of the National Health Service Act 2006 (de-authorisation of |
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NHS foundation trusts: consultation requirements), in subsection (8)(e)— |
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(a) | before “in pursuance of” insert “under or”, and |
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(b) | for “local involvement networks” substitute “Local Healthwatch |
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|
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|
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(9) | In section 4 of the Health and Social Care Act 2008 (matters to which the Care |
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Quality Commission must have regard)— |
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(a) | in subsection (1)(c), for “local involvement networks” substitute “Local |
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Healthwatch organisations”, and |
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180 | Activities relating to local care services |
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(1) | Section 221 of the Local Government and Public Involvement in Health Act |
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2007 (health services and social services) is amended as follows. |
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(2) | In subsection (2), omit the “and” preceding paragraph (d). |
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(3) | At the end of that paragraph, insert “and to the Healthwatch England |
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committee of the Care Quality Commission.” |
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(4) | After that paragraph insert— |
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“(e) | providing advice and information about access to local care |
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services and about choices that may be made with respect to |
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aspects of those services; |
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(f) | reaching views on the matters mentioned in subsection (3) and |
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making those views known to the Healthwatch England |
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committee of the Care Quality Commission; |
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(g) | making recommendations to that committee to advise the |
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Commission about special reviews or investigations to conduct |
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(or, where the circumstances justify doing so, making such |
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recommendations direct to the Commission); and |
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(h) | giving that committee such assistance as it may require to |
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enable it to carry out its functions effectively, efficiently and |
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(5) | In subsection (3), after “(2)(b)” insert “and (f)”. |
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(6) | For the title to section 221 substitute “Health services and social services: local |
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181 | Local authority arrangements |
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(1) | Section 222 of the Local Government and Public Involvement in Health Act |
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2007 (arrangements under section 221 of that Act) is amended as follows. |
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(2) | For subsection (2) substitute— |
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“(2) | The arrangements must secure that the Local Healthwatch organisation |
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for A’s area, under or in pursuance of the arrangements, carries on in |
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A’s area activities specified in section 221(2) for that area.” |
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(3) | In subsection (3), for “a person (“H”)” substitute “a Local Healthwatch |
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organisation or with a person”. |
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(5) | For subsection (5) substitute— |
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“(5) | The arrangements may (in particular) make provision as respects co- |
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operation between the Local Healthwatch organisation for the area and |
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one or more other Local Healthwatch organisations.” |
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|
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|
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|
(6) | After subsection (7) insert— |
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“(7A) | A must exercise its functions under this Part so as to secure that the |
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(a) | operate effectively, and |
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(b) | represent value for money. |
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(7B) | A must publish a report of its findings in seeking to secure the objective |
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mentioned in subsection (7A).” |
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(8) | Section 223 of that Act (power to make further provision about local authority |
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arrangements) is amended as follows. |
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(a) | after the second “must” insert “— |
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(a) | include prescribed provision, or |
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(b) | for “local involvement network arrangements” substitute “Local |
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Healthwatch arrangements”. |
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(a) | after “must” insert “include or”, |
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(b) | for “local involvement network arrangements” substitute “Local |
| |
Healthwatch arrangements”, and |
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(c) | in paragraphs (a), (c) and (d), for “a local involvement network” |
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substitute “a Local Healthwatch organisation”. |
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(a) | omit the definition of “a local involvement network”, and |
| |
(b) | for the definition of “local involvement network arrangements” |
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““Local Healthwatch arrangements”, in relation to local |
| |
authority arrangements, means arrangements made in |
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pursuance of the local authority arrangements.” |
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182 | Independent advocacy services |
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(1) | After section 223 of the Local Government and Public Involvement in Health |
| |
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“223A | Independent advocacy services |
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(1) | Each local authority must make such arrangements as it considers |
| |
appropriate for the provision of independent advocacy services. |
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(2) | In this section, “independent advocacy services” means services |
| |
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; |
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(b) | a complaint under section 113(1) or (2) of the Health and Social |
| |
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 |
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|
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|
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|
(d) | a complaint of such description as the Secretary of State may by |
| |
regulations prescribe which relates to the provision of services |
| |
as part of the health service and— |
| |
(i) | is made under a procedure of a description prescribed in |
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(ii) | gives rise, or may give rise, to proceedings of a |
| |
description prescribed in the regulations. |
| |
(3) | Each local authority may make such other arrangements as it considers |
| |
appropriate for the provision of services providing assistance to |
| |
individuals in connection with complaints relating to the provision of |
| 10 |
services as part of the health service. |
| |
(4) | Arrangements under this section may not provide for a person to make |
| |
arrangements for the provision of services by a Local Healthwatch |
| |
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(5) | Where arrangements under this section provide for the Local |
| 15 |
Healthwatch organisation for the authority’s area to provide services— |
| |
(a) | the arrangements are to be treated for the purposes of this Part |
| |
as arrangements made under section 221(1), and |
| |
(b) | the provision of the services is to be treated for those purposes |
| |
as an activity specified in section 221(2). |
| 20 |
(6) | In making arrangements under this section, a local authority must have |
| |
regard to the principle that the provision of services under or in |
| |
pursuance of the arrangements should, so far as practicable, be |
| |
independent of any person who is— |
| |
(a) | the subject of a relevant complaint; or |
| 25 |
(b) | involved in investigating or adjudicating on such a complaint. |
| |
(7) | A local authority may make payments to any person providing services |
| |
under or in pursuance of arrangements under this section and to any |
| |
person arranging for the provision of services in pursuance of such |
| |
| 30 |
(8) | But subsection (7) does not apply in a case where the person is a person |
| |
to whom, by virtue of subsection (5), payment may be made under |
| |
| |
(9) | The Secretary of State may by regulations make provision requiring a |
| |
person providing services under or in pursuance of arrangements |
| 35 |
under this section to have cover against the risk of a claim in negligence |
| |
arising out of the provision of the services. |
| |
| |
“the health service” has the same meaning as in the National |
| |
| 40 |
“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 |
| |
to investigation by the Health Service Commissioner for |
| |
| 45 |
(b) | in relation to Wales, a Welsh health service body (within |
| |
the meaning of the Public Services Ombudsman (Wales) |
| |
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|
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|