Session 2010 - 11
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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

156

 

177     

Repeal of provisions on authorisation for NHS foundation trusts

(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

5

foundation trust on being given authorisation but retain liabilities).

(4)   

For the title to section 36 of that Act substitute “Status etc. of NHS foundation

trusts”.

(5)   

For the cross-heading preceding section 33 of that Act substitute “Status etc. of

NHS foundation trusts”.

10

(6)   

Omit paragraph 19 of Schedule 7 to that Act and the preceding cross-heading

(initial directors of former NHS trust).

(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 176(5).

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(8)   

The repeal by subsection (3) section 36(4) of that Act does not affect the

continuity of anything continuing by virtue of that provision immediately

before the commencement of this section.

Part 5

Public involvement and local government

20

Chapter 1

Public involvement

Healthwatch England

178     

Healthwatch England

(1)   

The Health and Social Care Act 2008 is amended as follows.

25

(2)   

In Schedule 1 (the Care Quality Commission: constitution, etc.), in paragraph

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

regulations.

30

     (1B)  

The purpose of the Healthwatch England committee is to provide the

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—

35

(a)   

the removal or suspension of members of the committee;

(b)   

the payment of remuneration and allowances to members.”

 
 

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

157

 

(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—

“Advice given by Healthwatch England

5

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

functions on its behalf.

(2)   

The function in this subsection is to provide Local Healthwatch

10

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);

(b)   

the carrying on by the organisations of activities specified in

15

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

other members of the public on their needs for and experiences

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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

be improved.

25

(4)   

The persons referred to in subsection (3) are—

(a)   

the Secretary of State;

(b)   

the National Health Service Commissioning Board;

(c)   

Monitor;

(d)   

English local authorities.

30

(5)   

A person provided with advice under subsection (3) must inform the

Healthwatch England committee in writing of its response or proposed

response to the advice.

(6)   

The Healthwatch England committee may provide the Commission

with information and advice on the matters mentioned in subsection

35

(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

to be regarded as a discharge of the duty imposed by this subsection.

40

(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.

 
 

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

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45B     

Reports

(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),

5

and

(b)   

must publish a report on the way in which it has exercised

during the year the functions exercisable by it.

(2)   

The committee must—

(a)   

lay before Parliament a copy of each report made under

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subsection (1)(b), and

(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,

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so far as practicable, exclude any matter which relates to the private

affairs of an individual the publication of which, in the committee’s

opinion, would or might seriously and prejudicially affect that

individual’s interests.

(5)   

In this section, “financial year” means—

20

(a)   

the period beginning with the date on which the committee is

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

(1) insert—

25

“(1A)   

The Secretary of State may give a direction to the Healthwatch England

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

30

that section or any other function it is required to discharge.”

(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—

35

(a)   

after “the Commission” insert “or the committee”, and

(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.”

40

(9)   

After subsection (2) of that section insert—

“(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

 
 

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

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Healthwatch England committee under section 45B(1)(a) in respect of

the year concerned.”

(10)   

In each of the following provisions, at the end of the entry for the Care Quality

Commission insert “and the Healthwatch England committee”—

(a)   

Part 2 of Schedule 1 to the Public Records Act 1958,

5

(b)   

Part 2 of Schedule 1 to the House of Commons Disqualification Act

1975,

(c)   

Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification

Act 1975.

(11)   

Where the Healthwatch England committee does not consist of or include all

10

the members of the Care Quality Commission, the committee is nonetheless to

be treated as doing so for the purposes of section 2(1) of the Public Bodies

(Admission to Meetings) Act 1960.

Local Healthwatch organisations

179     

Establishment and constitution

15

(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

follows.

(2)   

For the cross-heading preceding section 221 substitute “Local Healthwatch

organisations”.

20

(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

on activities in that area in accordance with this Part.

25

(2)   

Schedule 16A (further provision about Local Healthwatch

organisations) has effect.”

(4)   

After Schedule 16, insert the Schedule 16A set out in Schedule 15 to this Act.

(5)   

In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, after

paragraph (bj) insert—

30

“(bk)   

Local Healthwatch organisations;”.

(6)   

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, at

the appropriate place insert—

“A Local Healthwach organisation.”

(7)   

In Part 2 of Schedule 1 to the Northern Ireland Disqualification Act 1975, at the

35

appropriate place insert—

“A Local Healthwatch organisation.”

(8)   

In section 65H of the National Health Service Act 2006 (de-authorisation of

NHS foundation trusts: consultation requirements), in subsection (8)(e)—

(a)   

before “in pursuance of” insert “under or”, and

40

(b)   

for “local involvement networks” substitute “Local Healthwatch

organisations”.

 
 

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

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(9)   

In section 4 of the Health and Social Care Act 2008 (matters to which the Care

Quality Commission must have regard)—

(a)   

in subsection (1)(c), for “local involvement networks” substitute “Local

Healthwatch organisations”, and

(b)   

omit subsection (3).

5

180     

Activities relating to local care services

(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)   

At the end of that paragraph, insert “and to the Healthwatch England

10

committee of the Care Quality Commission.”

(4)   

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;

15

(f)   

reaching views on the matters mentioned in subsection (3) and

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

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(or, where the circumstances justify doing so, making such

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

economically.”

25

(5)   

In subsection (3), after “(2)(b)” insert “and (f)”.

(6)   

For the title to section 221 substitute “Health services and social services: local

arrangements”.

181     

Local authority arrangements

(1)   

Section 222 of the Local Government and Public Involvement in Health Act

30

2007 (arrangements under section 221 of that Act) is amended as follows.

(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.”

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(3)   

In subsection (3), for “a person (“H”)” substitute “a Local Healthwatch

organisation or with a person”.

(4)   

Omit subsection (4).

(5)   

For subsection (5) substitute—

“(5)   

The arrangements may (in particular) make provision as respects co-

40

operation between the Local Healthwatch organisation for the area and

one or more other Local Healthwatch organisations.”

 
 

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

161

 

(6)   

After subsection (7) insert—

“(7A)   

A must exercise its functions under this Part so as to secure that the

arrangements—

(a)   

operate effectively, and

(b)   

represent value for money.

5

(7B)   

A must publish a report of its findings in seeking to secure the objective

mentioned in subsection (7A).”

(7)   

Omit subsection (8).

(8)   

Section 223 of that Act (power to make further provision about local authority

arrangements) is amended as follows.

10

(9)   

In subsection (1)—

(a)   

after the second “must” insert “—

(a)   

include prescribed provision, or

(b)   

”, and

(b)   

for “local involvement network arrangements” substitute “Local

15

Healthwatch arrangements”.

(10)   

In subsection (2)—

(a)   

after “must” insert “include or”,

(b)   

for “local involvement network arrangements” substitute “Local

Healthwatch arrangements”, and

20

(c)   

in paragraphs (a), (c) and (d), for “a local involvement network”

substitute “a Local Healthwatch organisation”.

(11)   

In subsection (3)—

(a)   

omit the definition of “a local involvement network”, and

(b)   

for the definition of “local involvement network arrangements”

25

substitute—

““Local Healthwatch arrangements”, in relation to local

authority arrangements, means arrangements made in

pursuance of the local authority arrangements.”

182     

Independent advocacy services

30

(1)   

After section 223 of the Local Government and Public Involvement in Health

Act 2007 insert—

“223A   

Independent advocacy services

(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;

40

(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

 
 

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

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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

the regulations, or

5

(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

organisation.

(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).

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(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

arrangements.

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

section 222(6)).

(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.

(10)   

In this section—

“the health service” has the same meaning as in the National

Health Service Act 2006;

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

England;

45

(b)   

in relation to Wales, a Welsh health service body (within

the meaning of the Public Services Ombudsman (Wales)

Act 2005);

 
 

 
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