Health and Social Care Bill

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
163

“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;
5
(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).
10
(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
15
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”.
183
Requests, rights of entry and referrals
(1)
Section 224 of the Local Government and Public Involvement in Health Act
20
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”
substitute “a Local Healthwatch organisation”.
(3)
For subsection (3) substitute—
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“(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
section 221(1), of activities specified in section 221(2).”
(4)
For the title to that section substitute “Duties of services-providers to respond
30
to Local Healthwatch organisations”.
(5)
Section 225 of that Act (duties of services-providers to allow entry to premises)
is amended as follows.
(6)
In subsection (2), in paragraph (f), and in subsection (5), for “a local
involvement network” substitute “a Local Healthwatch organisation”.
35
(7)
In subsection (4), in paragraph (a), after “arrangements made under” insert “or
in pursuance of”.
(8)
Omit subsection (6).
(9)
For the title to that section substitute “Duties of services-providers to allow
entry by Local Healthwatch organisations”.
40
(10)
Section 226 of that Act (referrals of social care matters) is amended as follows.
(11)
In subsections (1) and (5), for “a local involvement network” substitute “a Local
Healthwatch organisation”.

Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 1 — Public involvement
164

(12)
For subsection (7) substitute—
“(7)
For the purposes of this section, 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
section 221(1), of activities specified in section 221(2).”
5
(13)
For the title to that section substitute “Referrals of social care matters”.
184
Dissolution and transfer schemes
(1)
After section 226 of the Local Government and Public Involvement in Health
Act 2007 insert—
“226A
Dissolution and transfer schemes
10
(1)
The Secretary of State may, whether on an application by the
Healthwatch England committee and a local authority or on the
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.
15
(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
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
20
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).
(4)
A scheme under this section may provide for the transfer of property,
25
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
otherwise apply.
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(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
relation to the transferor for the purposes of or in connection with
35
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.
(7)
A scheme under this section may in particular make provision about
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continuation of legal proceedings.
(8)
A scheme under this section may include supplementary, incidental
and consequential provision.

Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 1 — Public involvement
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(9)
In this section, “the Healthwatch England committee” means the
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—
5
“(aa)
an order under section 226A, or”.
185
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
10
organisation or with”.
(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)”,
15
(ii)
for “local involvement network” substitute “Local Healthwatch
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)”,
20
(b)
after that sub-paragraph insert “and”,
(c)
in sub-paragraph (ii)—
(i)
after “requiring” insert “(where the arrangements are made
with H)”,
(ii)
for “local involvement network” substitute “Local Healthwatch
25
organisation”, and
(iii)
for “the network” substitute “the organisation”, and
(d)
omit sub-paragraph (iii) and the preceding “and”.
(4)
After that subsection insert—
“(2A)
Provision under subsection (2)(a)(ii) is not to be taken as requiring H to
30
prepare a report in relation to the provision by the Local Healthwatch
organisation concerned of services under arrangements made under
section 223A.”
(5)
In subsection (3)—
(a)
after paragraph (a) insert “and”,
35
(b)
in paragraph (b)—
(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
40
(c)
omit paragraph (c) and the preceding “and”.
(6)
In subsection (4)—
(a)
after paragraph (a) insert—
“(aa)
the National Health Service Commissioning Board;

Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 1 — Public involvement
166

(ab)
each commissioning consortium, whose area or any part
of whose area falls within the area of the local
authority;”;
(b)
after paragraph (ca) insert—
“(cb)
the Healthwatch England committee of the Care Quality
5
Commission;”, and
(c)
omit paragraph (d) (but not the following “and”).
(7)
In subsection (5)—
(a)
in paragraph (a)—
(i)
omit the words from the beginning to “(2)(a)(ii)),”,
10
(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.
(8)
Omit subsections (6) to (8).
15
(9)
For the title to section 227 substitute “Local Healthwatch organisations: annual
reports”.
186
Transitional arrangements
(1)
This section applies where arrangements made under section 221 of the Local
Government and Public Involvement in Health Act 2007 (“the 2007 Act”)
20
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
property, rights and liabilities to the body established in consequence of
25
section 220A of the 2007 Act (as inserted by section 179 of this 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 184).
(4)
A scheme under this section may include provision requiring the local
30
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;
(b)
confer power on the Secretary of State to do so.
35
(5)
Omit section 228 of the Local Government and Public Involvement in Health
Act 2007 (previous transitional arrangements).

Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 2 — Local government
167

Chapter 2
Local government
Scrutiny functions of local authorities
187
Scrutiny functions of local authorities
(1)
Section 244 of the National Health Service Act 2006 is amended as follows.
5
(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”,
(c)
for “local NHS bodies” (in each place where it occurs) substitute
10
“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
(f)
in subsection (f) for “any officer of a local NHS body” substitute “any
15
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
matters on which relevant NHS bodies or relevant NHS providers must
20
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;
(b)
conferring powers on the Secretary of State to give directions to
25
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;
(d)
conferring powers on the Board to give directions to a
30
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
under paragraph (c) or (d).
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(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
in question;
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(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

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Part 5 — Public involvement and local government
Chapter 2 — Local government
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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
function, or
(b)
to apply in relation to its discharge with such modifications as
5
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
overview and scrutiny committee of the authority.”
(4)
For subsection (3) substitute—
10
“(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
relation to the authority;
“relevant NHS provider” means a body or person which provides
15
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
the authority.”
(5)
After subsection (3) insert—
20
“(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
(b)
in relation to a member that is a body includes a reference to any
member or employee of the body.”
25
(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
substitute “Review and scrutiny by local authorities”.
(8)
Until the coming into force of paragraph 26 of Schedule 3 to the Localism Act
30
2011, section 21 of the Local Government Act 2000 (overview and scrutiny
committees) is amended as follows—
(a)
in subsection (2)(f)—
(i)
omit “section 244 of the National Health Service Act 2006 or”,
(ii)
for “either of those sections” substitute “that section”,
35
(iii)
for “the Act concerned” substitute “that Act”, and
(iv)
for “the section concerned” substitute “that section”,
(b)
omit subsection (2A)(a) and (b), and
(c)
in subsection (4) at the end insert “or under section 244(2ZD) of the
National Health Service Act 2006.”
40
(9)
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
(c)
in subsection (5) omit the word “or” following paragraph (b) and after
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Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 2 — Local government
169

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
health matters).”
5
188
Amendments consequential on section 187
(1)
Section 245 of the National Health Service Act 2006 (joint overview and
scrutiny committees) is amended in accordance with subsections (2) to (4).
(2)
In subsection (1) for the words from “relevant functions” to the end of the
subsection substitute ““relevant functions” means functions under regulations
10
under section 244(2) to (2ZC).”.
(3)
After subsection (4) insert—
“(4A)
The regulations may provide that, where a relevant function in relation
to a local authority is exercisable by a joint overview and scrutiny
committee by virtue of arrangements under regulations under
15
subsection (2)(a), the local authority may not discharge the function.”
(4)
Omit subsections (5) and (9).
(5)
Section 246 of that Act (exempt information) is amended in accordance with
subsections (6) to (8).
(6)
In subsection (1) for the words from “a meeting of” to the end of the subsection
20
substitute “a meeting of a local authority or a committee of a local authority
which is an item relating to functions of the authority under regulations under
section 244(2) to (2ZC).”
(7)
In subsection (5) for “overview and scrutiny committees” substitute “local
authorities”.
25
(8)
In the heading to section 246 for “Overview and scrutiny committees”
substitute “Business relating to functions of local authorities by virtue of
section 244”.
(9)
Section 247 of that Act (application to the City of London) is amended in
accordance with subsections (10) to (12).
30
(10)
For subsection (1) substitute—
“(1)
This section applies to a committee of the Common Council appointed
to exercise functions that the Council has under regulations under
section 244(2) to (2ZC).”
(11)
In subsection (2), for the words from the beginning to “apply” substitute
35
“Section 245(2)(b) and (c) applies”.
(12)
In subsection (4)—
(a)
for “subsections (2) to (3A)” substitute “subsections (3) and (3A)”, and
(b)
for the words from “in the case of the committee” to the end of the
subsection substitute “in the case of a committee to which this section
40
applies, references to functions under regulations under section 244(2)
to (2ZC) which are exercisable by the committee.”