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Local Government and Public Involvement in Health Bill


Local Government and Public Involvement in Health Bill
Part 14 — Patient and public involvement in health and social care

163

 

(c)   

a Primary Care Trust;

(d)   

a local authority; or

(e)   

a person prescribed by regulations made by the Secretary of State.

230     

Local involvement networks: referrals of social care matters

(1)   

Subsections (2) to (5) apply where a local involvement network refers a matter

5

relating to social care services to an overview and scrutiny committee of a local

authority.

(2)   

The committee must—

(a)   

acknowledge receipt of the referral; and

(b)   

keep the referrer informed of the committee’s actions in relation to the

10

matter.

(3)   

The committee must decide whether or not any of its powers is exercisable in

relation to the matter referred.

(4)   

If the committee concludes that any of those powers is exercisable in relation

to the matter, the committee must decide whether or not to exercise that power

15

in relation to the matter.

(5)   

The committee, in exercising any of those powers in relation to the matter,

must take into account any relevant information provided by a local

involvement network.

(6)   

The Secretary of State may by regulations make provision as respects

20

determining the time by which a duty under subsection (2)(a) is to be

performed.

(7)   

For the purposes of this section, something is done by a local involvement

network if—

(a)   

it is done by a person who, in pursuance of arrangements made under

25

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,

of activities so specified.

(8)   

In this section—

“overview and scrutiny committee”—

30

(a)   

in relation to a local authority which under Part 2 of the Local

Government Act 2000 (c. 22) operates executive arrangements,

means an overview and scrutiny committee of the authority

within the meaning given by section 21(1) of that Act;

(b)   

in relation to a local authority which under Part 2 of that Act

35

operates alternative arrangements, means a committee or sub-

committee appointed under section 32(1)(b) of that Act;

(c)   

in relation to the Common Council of the City of London, means

a committee established under section 10(1) of the Health and

Social Care Act 2001 (c. 15); and

40

(d)   

in relation to the Council of the Isles of Scilly, means a

committee which, by virtue of an order under section 265 of the

Local Government Act 1972 (c. 70), is appointed by the Council

under section 21(1) or 32(1)(b) of the Local Government Act

2000;

45

 
 

Local Government and Public Involvement in Health Bill
Part 14 — Patient and public involvement in health and social care

164

 

“social care services” means services provided as part of the social

services functions of a local authority;

“social services functions”, in relation to a local authority, has the same

meaning as in the Local Authority Social Services Act 1970 (c. 42).

231     

Local involvement networks: annual reports

5

(1)   

Subsection (2) has effect for the purposes of section 227(6).

(2)   

In relation to any arrangements made under section 226(1) by a local authority

with another person (“H”), the “required provision about annual reports” is—

(a)   

provision—

(i)   

requiring, for each local involvement network, the preparation

10

by the network for each financial year of a report in relation to

the activities of the network in the year (so far as they are

activities specified in section 226(2) for the local authority’s area

and carried on in pursuance of the arrangements);

(ii)   

requiring the preparation by H of any report that is required,

15

under provision included in the arrangements in pursuance of

sub-paragraph (i), to be prepared by a local involvement

network but is not prepared by the network; and

(iii)   

requiring the preparation by H, for each non-networked

financial year, of a report in relation to the non-networked

20

activities;

(b)   

provision requiring that each such report must comply with the

requirements mentioned in subsection (3);

(c)   

provision requiring each such report to be prepared by 30th June after

the end of the financial year concerned; and

25

(d)   

provision requiring that, once such a report has been prepared—

(i)   

copies of it are to be made publicly available in such manner as

the person preparing it, after having had regard to any

guidance issued by the Secretary of State that may be in force at

the time, considers appropriate; and

30

(ii)   

a copy of it is to be sent to each of the persons specified in

subsection (4).

(3)   

The requirements referred to in subsection (2)(b) are—

(a)   

that the report addresses, in particular, such matters as the Secretary of

State may direct;

35

(b)   

that the report, if it is a report required to be prepared by a local

involvement network (even if actually prepared by H in compliance

with provision included in the arrangements in pursuance of

subsection (2)(a)(ii)), includes—

(i)   

details of the amounts spent by H in respect of the network in

40

the year concerned; and

(ii)   

details of what those amounts were spent on; and

(c)   

that the report, if it is a report prepared by H in compliance with

provision included in the arrangements in pursuance of subsection

(2)(a)(iii), includes—

45

(i)   

details of the amounts spent by H in the year concerned in

respect of the non-networked activities; and

(ii)   

details of what those amounts were spent on.

 
 

Local Government and Public Involvement in Health Bill
Part 14 — Patient and public involvement in health and social care

165

 

(4)   

The persons referred to in subsection (2)(d)(ii) are—

(a)   

the local authority;

(b)   

each Primary Care Trust, and each Strategic Health Authority, any part

of whose area falls within the area of the local authority;

(c)   

any overview and scrutiny committee of the local authority that is

5

within subsection (5);

(d)   

the Secretary of State; and

(e)   

such other persons (if any) as the Secretary of State may direct.

(5)   

An overview and scrutiny committee of the local authority is within this

subsection—

10

(a)   

in the case of a report required to be prepared by a local involvement

network (even if actually prepared by H in compliance with provision

included in the arrangements in pursuance of subsection (2)(a)(ii)), if

any activities of the network (so far as they are activities specified in

section 226(2) and carried on in pursuance of the arrangements) are

15

relevant to the functions of the committee; and

(b)   

in the case of a report prepared by H in compliance with provision

included in the arrangements in pursuance of subsection (2)(a)(iii), if in

the year concerned any of the non-networked activities are relevant to

the functions of the committee.

20

(6)   

In subsections (2) to (5) “the non-networked activities” means the activities

specified in section 226(2) for the authority’s area so far as they—

(a)   

are activities for whose carrying-on in the authority’s area the

arrangements make provision; and

(b)   

are not, under the arrangements, activities whose carrying-on is within

25

the remit of a local involvement network.

(7)   

For the purposes of subsection (2)(a)(iii), a financial year is “non-networked” if

there is a time in the year when an activity falls (to any extent) within the

definition of “the non-networked activities” given by subsection (6).

(8)   

In subsections (2) to (7), a reference to a “local involvement network” is to a

30

person who, in pursuance of the arrangements, is to carry on in the local

authority’s area activities specified in section 226(2) for that area.

(9)   

In this section—

“financial year” means a period of 12 months ending with 31st March;

“overview and scrutiny committee” has the meaning given by section

35

230(8).

(10)   

Power to give directions for purposes of this section includes power to vary or

revoke directions given in previous exercise of the power.

(11)   

Directions given, or guidance issued, for purposes of this section must be

published in such manner as, in the opinion of the Secretary of State, is likely

40

to bring them or it to the attention of the persons to whom they or it are

applicable.

232     

Sections 226 to 231: interpretation and supplementary

(1)   

For the purposes of sections 226 to 231, each of the following is a “local

authority”—

45

(a)   

a county council in England;

 
 

Local Government and Public Involvement in Health Bill
Part 14 — Patient and public involvement in health and social care

166

 

(b)   

a district council in England, other than a council for a district in a

county for which there is a county council;

(c)   

a London borough council;

(d)   

the Common Council of the City of London; and

(e)   

the Council of the Isles of Scilly.

5

(2)   

Any power of the Secretary of State to make regulations under sections 226 to

231 includes power to make incidental, supplementary, consequential,

transitory or transitional provision or savings.

Abolition of Patients’ Forums etc

233     

Abolition of functions of Patients’ Forums

10

(1)   

The following provisions of the 2006 Act are omitted—

sections 237(3) to (9) and 238 (functions of Patients’ Forums);

section 239 (power to confer rights of entry on members of Patients’

Forums); and

section 241(3) and (4) (regulations about membership of Patients’

15

Forums).

(2)   

If subsection (1) comes into force on a day other than 1st April—

(a)   

section 240 of the 2006 Act (a Patients’ Forum must prepare an annual

report for each financial year), and regulation 4 of the Functions

Regulations (a Patients’ Forum must prepare annual accounts for each

20

financial year), shall have effect as if the final reporting period of a

Patients’ Forum were a financial year; and

(b)   

regulation 4(3) of the Functions Regulations (accounts for a financial

year to be copied to the Commission no later than 31st May after end of

year) shall have effect in relation to the final reporting period of a

25

Patients’ Forum as if for “31st May” there were substituted “two

months”.

(3)   

A Patients’ Forum, in its report under section 240 of the 2006 Act for its final

reporting period, must (in particular) include details of anything being done by

the Patients’ Forum that was still in progress when subsection (1) came into

30

force.

(4)   

Section 240 of the 2006 Act does not require a Patients’ Forum to prepare a

report, and regulation 4 of the Functions Regulations does not require a

Patients’ Forum to prepare annual accounts, in relation to any time after the

end of its final reporting period.

35

(5)   

In subsections (2) to (4) “final reporting period”, in relation to a Patients’

Forum, means the period—

(a)   

ending with the coming into force of subsection (1); and

(b)   

beginning with the preceding 1st April.

(6)   

In this section—

40

“the 2006 Act” means the National Health Service Act 2006 (c. 41);

“the Functions Regulations” means the Patients’ Forums (Functions)

Regulations 2003 (S.I. 2003/2124).

 
 

 
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