(a) facilitate the co-ordination of the activities of member Patients' Forums including by the provision of staff and services to Patients, Forums,
(b) provide or make arrangements for the provision of services under section 19A of the National Health Service Act 1977 (c. 49) (independent advocacy services) at the direction of the Commission for Patient and Public Involvement in Health,
(c) represent to persons and bodies which exercise functions in its area (including in particular the overview and scrutiny committees and the joint overview and scrutiny committees referred to in sections 7 (functions of overview and scrutiny committees), 8 (joint overview and scrutiny committees etc) and 10 (application to the City of London) of the Health and Social Care Act 2001 (c. 15)) the views of members of the public in its area about matters affecting their health, and
(d) advise the bodies mentioned in subsection (5) on involvement of the public in its area in consultations or processes leading (or potentially leading) to decisions by those bodies or the formulation of policies by them, which would or might affect (whether directly or not) the health of those members of the public, monitor the effectiveness of this involvement and co-operate with the Commission for Patient and Public Involvement in Health in carrying out this function.
(5) The decisions in question at subsection (4)(d) are those made by—
(a) health service bodies,
(b) other public bodies, and
(c) others providing services to the public or a section of the public.
(6) The Secretary of State shall, following consultation with the Association of Community Health Councils for England and Wales, Community Health Councils, patients' and carers' organisations and the wider community, by regulation make provision in relation to Councils and in particular provide as to—
(a) the Patients' Forums and other community interest groups from which members of the Council are to be appointed,
(b) any qualification or disqualification from membership,
(c) terms of appointment,
(d) the proceedings of a Council,
(e) the discharge of any functions of a Council by a committee of the Council or by a joint committee appointed with another Council,
(f) the circumstances m which Councils will co-operate with each other in the exercise of their functions and exercise functions jointly with one or more other Councils,
(g) funding of Councils and the provision of staff, premises and other facilities,
(h) the preparation and publication by a Council of annual accounts,
(i) the provision of information (including descriptions of information which are or are not to be provided) to a Council by an NHS trust, a Primary Care Trust, a Strategic Health Authority, the Commission for Patient and Public Involvement in Health, the relevant local authorities or a person providing independent advocacy services (within the meaning given by section 19A of the National Health Service Act 1977),
(j) the provision of information by a Council to another person,
13 Jun 2002 : Column 417
(k) the preparation and publication of reports by Councils,
(l) the furnishing and publication by NHS trusts, Primary Care Trusts, Strategic Health Authorities and overview and scrutiny committees of comments on reports or recommendations of Councils, and
(m) the referral of matters of a prescribed description to any overview and scrutiny committee, the relevant Strategic Health Authority, the Commission for Patient and Public Involvement in Health or the Secretary of State for Health.
(7) The regulations shall include provision applying or corresponding to any provision of Part 5A of the Local Government Act 1972 (c. 70) (access to meetings and documents).
(8) In section 21(10) of the Local Government Act 2000 (c. 22) (overview and scrutiny committees) after "members of the authority" there shall be inserted "and shall include a person appointed by the relevant Patients' Council".
(9) In paragraph 1 of Schedule 5 to the National Health Service Act 1977 (c. 49), as amended by the Health Authorities Act 1995 (c. 17), after sub-paragraph (c) there is inserted—
"(d) persons appointed by the relevant Patients' Councils."."
7Clause 18, page 23, line 16, after "premises" insert "and"
8Page 23, line 17, leave out "and staff"
9Page 23, line 26, after "by" insert "a Patients 'Council"
10Page 23, line 38, after "by" insert "Patients' Councils,"
| 11 | Page 24, line 11, after "Forum" insert ", a Patients' Council"
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| 12 | Page 24, line 15, after "15" insert "and a Patients' Council established under section(Establishment of Patients' Councils)"
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| 13 | Clause 19, page 24 line 34, after "Forums" insert "and Patients' Councils" |
14Page 24, line 43, leave out paragraph (g) and insert—
"(g) co-ordinating and supporting the activities of Patients, Councils in respect of their activities as provided for in section (Establishment of Patients' Councils),"
| 15 | Page 25, line 6, at end insert "and to co-ordinate and support the activities of Patients' Councils in respect of activities provided for in subsection (4)(d) of subsection (Establishment of Patients' Councils)"
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16Page 25, line 27, at end insert—
"( ) The Commission will provide to Patients' Councils services, including staff and other facilities, to support those bodies in the exercise of their functions,"
The Commons disagreed to the Lords amendments but propose the following amendments in lieu:
| 16A | Page 20, line 38, at end insert—
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"( ) The members of each Patients' Forum are to be appointed by the Commission for Patient and Public Involvement in Health."
16BPage 20, line 40, after "the" insert "range and"
| 16C | Page 20, line 42 leave out "services" and insert "matters"
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| 16D | Page 20, line 45 after first "to" insert "the range and operation of"
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16EPage 21, line 10, after "view" insert "(a)"
16FPage 21, line 11, at end insert—
"(b) should be brought to the attention of the Commission for Patient and Public Involvement in Health it may refer that matter to the Commission."
16GPage 21, line 11, at end insert—
"( ) Subsection (4) does not prejudice the power of a Patients' Forum to make such other representations or referrals as it thinks fit, to such persons or bodies as it thinks fit, about matters arising in the course of its exercising its functions."
13 Jun 2002 : Column 418
16HPage 21, leave out lines 12 and 13 and insert—
"(5) Patients' Forums must in prescribed circumstances—"
16IPage 21, line 44, at end insert the following new clause—
"Additional functions of PCT Patients, Forums
(1) A Patients' Forum established for a Primary Care Trust (a "PCT Patients' Forum") has the following additional functions—
(a) providing independent advocacy services to persons in the Trust's am or persons to whom services have been provided by, or under arrangements with, the Trust,
(b) making available to patients and their carers advice and information about the making of complaints in relation to services provided by or under arrangements with the Trust, and
(c) representing to persons and bodies which exercise functions in relation to the area of the Trust (including, in particular, any relevant overview and scrutiny committee) the views of members of the public in the Trust's area about matters affecting their health.
(2) In subsection (1), references to services have the meaning given by section 15(6).
(3) It is also the function of a PC7 Patients' Forum—
(a) to promote the involvement of members of the public in the area of the Trust in consultations or processes leading (or potentially leading) to decisions by those mentioned in subsection (4), or the formulation of policies by them which would or might affect (whether directly or not) the health of those members of the public,
(b) to make available advice and information to such members of the public about such involvement,
(c) to advise those mentioned in subsection (4) about how to encourage such involvement (including, in the case of bodies mentioned in subsection (4) to which section 11 of the Health and Social Care Act 2001 (c. 15) applies, advising them how to comply with the requirements of that section in relation to the area of the Primary Care Trust), and
(d) to monitor how successful those mentioned in subsection (4) are at achieving such involvement.
(4) Those referred to in subsection (3) are—
(a) Strategic Health Authorities whose areas include any part of the area of the Primary Care Trust,
(b) the Primary Care Trust itself,
(c) NHS trusts which provide services to patients in the area of the Primary" Care Trust,
(d) other public bodies, and
(e) others providing services to the public or a section of the public.
(5) In section 12 of the Health and Social Care Act 2001 (c. 15) (which inserts anew section 19A concerning independent advocacy services into the 1977 Act), in that new section 19A, after subsection (6) there is inserted—
"(7) The Secretary of State may direct a Patients' Forum established for a Primary Care Trust to exercise any of his functions under this section so far as they relate to independent advocacy services provided to persons in the area of the Primary Care Trust or persons to whom services have been provided by, or under arrangements with, the Trust; and if he does so—
