Local Government and Public Involvement in Health Bill

House of Lords

Session 2006 - 07
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Other Bills before Parliament

Local Government and Public Involvement in Health Bill

Local Government and Public Involvement in Health Bill
Part 12 — Entities controlled etc by local authorities
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specified description becomes a trustee of a trust connected with the
authority;
(c)
requiring a local authority to ensure so far as practicable that trustees
comply with provisions of the order applicable to them.
(5)
Nothing in subsections (1) to (4) affects the generality of section 217(1) or (4) or
5
218(2).
(6)
Where an order under section 217—
(a)
makes provision in relation to entities of a particular description, or
(b)
makes provision in relation to the trustees of trusts of a particular
description,
10

it may provide for any expression used in identifying that description of entity
or trust to have the meaning for the time being given by a relevant document
identified by the order.
(7)
In subsection (6) “relevant document”—
(a)
means a document that (at the time the power under subsection (6) is
15
exercised) is a document identified for the purposes of section 21(2)(b)
of the Local Government Act 2003 (c. 26) by regulations made under
that provision; and
(b)
includes a document so identified by virtue of section 21(5) of that Act
(documents not yet existing).
20
(8)
An order under section 217 may include incidental, consequential, transitional
or supplementary provision.
(9)
In this section the following have the same meaning as in section 217—
“actions”;
“entity”;
25
“local authority”;
“qualifying person”;

and references to a trust connected with a local authority have the same
meaning as in section 218.
(10)
In this section “the Audit Commission” means the Audit Commission for Local
30
Authorities and the National Health Service in England.
220
Exemptions from orders
(1)
The appropriate authority may give a direction exempting—
(a)
a particular entity, or entities of a particular description, or
(b)
the trustees of a particular trust, or of trusts of a particular description,
35

from an order under section 217 or specified provisions of such an order.
(2)
A direction under this section may provide for an exemption to have effect—
(a)
for a specified period; or
(b)
subject to specified conditions.
(3)
A direction under this section may be varied or revoked by a subsequent
40
direction of the appropriate authority.
(4)
In this section “the appropriate authority” means—
(a)
in relation to an order made by the Secretary of State, the Secretary of
State;

Local Government and Public Involvement in Health Bill
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(b)
in relation to an order made by the Welsh Ministers, the Welsh
Ministers.
(5)
In this section—
“entity” has the same meaning as in section 217;
“specified” means specified by the direction.
5
221
Consequential amendments
(1)
Omit Part 5 of the Local Government and Housing Act 1989 (c. 42).
(2)
Schedule 15 (other consequential amendments) has effect.
(3)
Subsection (4) applies where by virtue of section 14 of the Interpretation Act
1978 (c. 30) (implied power to amend) any subordinate legislation is amended
10
in consequence of the repeal of Part 5 of the Local Government and Housing
Act 1989.
(4)
Any provision inserted or substituted by the amendment may provide for an
expression used in such provision to have the meaning for the time being given
by a relevant document identified by such provision.
15
(5)
In subsection (4) “relevant document”—
(a)
means a document that (at the time the power under subsection (4) is
exercised) is a document identified for the purposes of section 21(2)(b)
of the Local Government Act 2003 (c. 26) by regulations made under
that provision; and
20
(b)
includes a document so identified by virtue of section 21(5) of that Act
(documents not yet existing).
222
Definition of certain terms in amended enactments: England
(1)
The Secretary of State may by order under this section—
(a)
define an “entity under the control of a local authority” and an “entity
25
jointly controlled by bodies that include a local authority” for the
purposes of section 4(2) of the Prevention of Corruption Act 1916
(c. 64);
(b)
define for the purposes of section 80(1)(aa) of the Local Government
Act 1972 (c. 70) the reference in that provision to “an entity under the
30
control of” the authority mentioned there;
(c)
define, for the purposes of sections 98(8)(d) and 100(1)(a) of the Local
Government, Planning and Land Act 1980 (c. 65), the references in each
of those provisions to—
(i)
“an entity under the control of” the body mentioned there;
35
(ii)
“an entity subject to the influence of” that body; and
(iii)
“an entity jointly controlled by” that body and one or more
other bodies;
(d)
define for the purposes of paragraph 7(2) of Schedule 7 to the
Environment Act 1995 (c. 25) the reference in that provision to “an
40
entity under the control of” the authority mentioned there;
(e)
define for the purposes of section 18(2)(b) of the Local Government Act
2003 the references in that provision to—
(i)
“an entity under the control of” and “a trust under the control
of” an authority or Executive mentioned there;
45

Local Government and Public Involvement in Health Bill
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(ii)
“an entity subject to the influence of” and “a trust subject to the
influence of” such an authority or Executive; and
(iii)
“an entity jointly controlled by bodies that include” and “a trust
jointly controlled by bodies that include” such an authority or
Executive.
5
(2)
Any reference in subsection (1) to the purposes of a provision of—
the Local Government Act 1972 (c. 70),
the Local Government, Planning and Land Act 1980 (c. 65),
the Environment Act 1995 (c. 25), or
the Local Government Act 2003 (c. 26),
10

is a reference to the purposes of that provision as it applies in relation to
England.
(3)
An order under this section may provide for any expression used by it to have
the meaning for the time being given by a relevant document identified by the
order.
15
(4)
In subsection (3) “relevant document”—
(a)
means a document that (at the time the power under subsection (3) is
exercised) is a document identified for the purposes of section 21(2)(b)
of the Local Government Act 2003 by regulations made under that
provision; and
20
(b)
includes a document so identified by virtue of section 21(5) of that Act
(documents not yet existing).
223
Definition of certain terms in amended enactments: Wales
(1)
The Welsh Ministers may by order under this section—
(a)
define for the purposes of section 80(1)(aa) of the Local Government
25
Act 1972 the reference in that provision to “an entity under the control
of” the authority mentioned there;
(b)
define, for the purposes of sections 98(8)(d) and 100(1)(a) of the Local
Government, Planning and Land Act 1980, the references in each of
those provisions to—
30
(i)
“an entity under the control of” the body mentioned there;
(ii)
“an entity subject to the influence of” that body; and
(iii)
“an entity jointly controlled by” that body and one or more
other bodies;
(c)
define for the purposes of paragraph 7(2) of Schedule 7 to the
35
Environment Act 1995 the reference in that provision to “an entity
under the control of” the authority mentioned there;
(d)
define for the purposes of section 18(2)(b) of the Local Government Act
2003 the references in that provision to—
(i)
“an entity under the control of” and “a trust under the control
40
of” an authority mentioned there;
(ii)
“an entity subject to the influence of” and “a trust subject to the
influence of” such an authority; and
(iii)
“an entity jointly controlled by bodies that include” and “a trust
jointly controlled by bodies that include” such an authority;
45
(e)
define “an entity under the control of a local authority” for the purposes
of section 48(3) of the Public Audit (Wales) Act 2004 (c. 23).

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(2)
Any reference in subsection (1) to the purposes of a provision of—
the Local Government Act 1972 (c. 70),
the Local Government, Planning and Land Act 1980 (c. 65),
the Environment Act 1995 (c. 25), or
the Local Government Act 2003 (c. 26),
5

is a reference to the purposes of that provision as it applies in relation to Wales.
(3)
An order under this section may provide for any expression used by it to have
the meaning for the time being given by a relevant document identified by the
order.
(4)
In subsection (3) “relevant document”—
10
(a)
means a document that (at the time the power under subsection (3) is
exercised) is a document identified for the purposes of section 21(2)(b)
of the Local Government Act 2003 by regulations made under that
provision; and
(b)
includes a document so identified by virtue of section 21(5) of that Act
15
(documents not yet existing).
Part 13
The Valuation Tribunal for England
224
Establishment of the Tribunal
(1)
Schedule 16 (which establishes the Valuation Tribunal for England, and makes
20
consequential provision) has effect.
(2)
The existing English tribunals are abolished.
(3)
In this Part “existing English tribunals” means the valuation tribunals
established in relation to England by regulations under Schedule 11 to the
Local Government Finance Act 1988 (c. 41) which are in existence immediately
25
before the transfer of jurisdiction takes place.
(4)
The transfer of jurisdiction is the transfer made by paragraph A2 of Schedule
11 to the Local Government Finance Act 1988 (as inserted by Schedule 16 to this
Act).
225
Consequential and transitional provision etc
30
(1)
Schedule 17 (consequential amendments relating to the creation of the
Valuation Tribunal for England) has effect.
(2)
The Secretary of State may by regulations make provision (including
transitional, saving or transitory provision)—
(a)
for the purposes of supplementing or giving full effect to this Part; or
35
(b)
in consequence of this Part.
(3)
The provision that may be made under subsection (2) includes provision—
(a)
for members of the existing English tribunals to become members of the
Valuation Tribunal for England;
(b)
to enable the Valuation Tribunal for England to deal with any appeals
40
already made to the existing English tribunals (including provision
about which members of the Tribunal are to deal with any such appeal);

Local Government and Public Involvement in Health Bill
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160

(c)
for subordinate legislation made under Schedule 11 to the Local
Government Finance Act 1988 (c. 41) before its amendment by this Act
to be treated as if made under that Schedule as amended by this Act;
(d)
modifying subordinate legislation which is subject to provision under
paragraph (c);
5
(e)
for members of the Valuation Tribunal for England to be appointed
otherwise than in accordance in Part 4 of the Constitutional Reform Act
2005 (c. 4);
(f)
amending or repealing any enactment passed before or in the same
session as this Act;
10
(g)
amending or revoking subordinate legislation made before the passing
of this Act.
(4)
Subsection (2) is without prejudice to sections 246 and 248(5)(b).
Part 14
Patient and public involvement in health and social care
15
Local involvement networks
226
Health services and social services: local involvement networks
(1)
Each local authority must make contractual arrangements for the purpose of
ensuring that there are means by which the activities specified in subsection (2)
for the local authority’s area can be carried on in the area.
20
(2)
The activities for a local authority’s area are—
(a)
promoting, and supporting, the involvement of people in the
commissioning, provision and scrutiny of local care services;
(b)
enabling people to monitor, and review, the commissioning and
provision of local care services;
25
(c)
obtaining the views of people about their needs for, and their
experiences of, local care services; and
(d)
making—
(i)
views such as are mentioned in paragraph (c) known, and
(ii)
reports and recommendations about how local care services
30
might be improved,

to persons responsible for commissioning, providing, managing or
scrutinising local care services.
(3)
The Secretary of State may by regulations amend this section for the purpose
of adding to the activities for the time being specified in subsection (2).
35
(4)
Before making regulations under this section, the Secretary of State must
consult such persons as the Secretary of State considers appropriate.
(5)
In this section—
“care services” means—
(a)
services provided as part of the health service in England; or
40
(b)
services provided as part of the social services functions of a
local authority;
“local care services”, in relation to a local authority, means—

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(a)
care services provided in the authority’s area; and
(b)
care services provided, in any place, for people from the area;
“the health service” has the same meaning as in the National Health
Service Act 2006 (c. 41);
“social services functions”, in relation to a local authority, has the same
5
meaning as in the Local Authority Social Services Act 1970 (c. 42).
227
Arrangements under section 226(1)
(1)
This section applies in relation to any particular arrangements made under
section 226(1) by a local authority (“A”).
(2)
In this section, a reference to a “local involvement network” is to a person who,
10
in pursuance of the arrangements, is to carry on in A’s area activities specified
in section 226(2) for that area.
(3)
The arrangements must be made with a person (“H”) who is not a local
authority.
(4)
The arrangements must secure the result that none of the following will be a
15
local involvement network—
(a)
H;
(b)
A;
(c)
any other local authority;
(d)
a National Health Service trust;
20
(e)
an NHS foundation trust;
(f)
a Primary Care Trust;
(g)
a Strategic Health Authority.
(5)
The arrangements may provide for the making of payments by A.
(6)
The arrangements must include the required provision about annual reports
25
(see section 231).
228
Duties of services-providers to respond to local involvement networks
(1)
The Secretary of State may by regulations impose, on a services-provider,
duties—
(a)
as respects responding to requests for information made to the services-
30
provider by a local involvement network;
(b)
as respects dealing with reports or recommendations made to the
services-provider by a local involvement network; or
(c)
as respects dealing with reports or recommendations which, in
accordance with any requirement imposed in regulations under
35
paragraph (b), have been referred to the services-provider by another
services-provider.
(2)
In subsection (1) “services-provider” means—
(a)
a National Health Service trust;
(b)
an NHS foundation trust;
40
(c)
a Primary Care Trust;
(d)
a local authority; or
(e)
a person prescribed by regulations made by the Secretary of State.

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(3)
For the purposes of subsection (1), something is done by a local involvement
network if—
(a)
it is done by a person who, in pursuance of arrangements made under
section 226(1), is to carry on activities specified in section 226(2); and
(b)
it is done by that person in the carrying-on, under those arrangements,
5
of activities so specified.
(4)
Before making regulations under this section, the Secretary of State must
consult such persons as the Secretary of State considers appropriate.
229
Duties of services-providers to allow entry by local involvement networks
(1)
The Secretary of State shall by regulations make provision for the purpose of
10
imposing, on a services-provider, a duty to allow authorised representatives to
enter and view, and observe the carrying-on of activities on, premises owned
or controlled by the services-provider.
(2)
The provision that may be made by regulations under subsection (1) includes
(in particular)—
15
(a)
conditions to be satisfied before a duty arises in a particular case;
(b)
provision limiting the extent of a duty, whether generally or in
particular cases;
(c)
provision imposing, or authorising the imposition of, conditions and
restrictions for the purposes of subsection (4)(b);
20
(d)
provision as respects the authorisation of individuals for the purposes
of this section by a local involvement network.
(3)
Provision such as is mentioned in subsection (2)(b) may limit a duty by (in
particular)—
(a)
providing for a duty not to apply to an authorised representative if he
25
is, or unless he is, of a particular description;
(b)
limiting the number of authorised representatives to whom a duty
applies in a particular case;
(c)
limiting the hours during which a duty applies.
(4)
While an authorised representative is on any premises as a result of a services-
30
provider having complied with a duty imposed under subsection (1)—
(a)
any viewing, or observation, carried out by the representative must be
carried out for the purposes of the carrying-on, under arrangements
made under section 226(1), of activities specified in section 226(2); and
(b)
the representative must comply with any applicable conditions and
35
restrictions imposed under subsection (1) for the purposes of this
paragraph.
(5)
In this section “authorised representative” means an individual authorised for
the purposes of this section, in accordance with any applicable provision in
regulations under subsection (1), by a local involvement network.
40
(6)
In this section “local involvement network” means a person who, in pursuance
of arrangements made under section 226(1), is to carry on activities specified in
section 226(2).
(7)
In this section “services-provider” means—
(a)
a National Health Service trust;
45
(b)
an NHS foundation trust;