Local Government and Public Involvement in Health Bill

House of Lords

Session 2006 - 07
Internet Publications
Other Bills before Parliament

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
167

234
Abolition of Patients’ Forums
(1)
The following provisions of the National Health Service Act 2006 (c. 41) are
omitted—
section 237(1) and (2) (establishment of Patients’ Forums and
appointment of their members);
5
section 240 (Patients’ Forums: annual reports); and
section 241(1) and (2) (power to make further provision about Patients’
Forums).
(2)
The property, rights and liabilities of each Patients’ Forum are by virtue of this
subsection transferred to the Secretary of State for Health (including any
10
property, rights and liabilities that would not otherwise be capable of being
transferred).
(3)
Any legal proceedings relating to anything transferred under subsection (2)
may be continued by or in relation to the Secretary of State for Health.
235
Abolition of Commission for Patient and Public Involvement in Health
15
(1)
The following provisions of the 2006 Act are omitted—
section 243 (establishment and functions of the Commission); and
Schedule 16 (further provision about the Commission).
(2)
The property, rights and liabilities of the Commission are by virtue of this
subsection transferred to the Secretary of State for Health (including any
20
property, rights and liabilities that would not otherwise be capable of being
transferred).
(3)
Any legal proceedings relating to anything transferred under subsection (2)
may be continued by or in relation to the Secretary of State for Health.
(4)
Subsection (5) applies if the Secretary of State is satisfied that the Commission
25
has carried out, or has substantially carried out, its functions under section
243(5) of the 2006 Act (review by Commission of annual reports of Patients’
Forums) in relation to the final reports of the Patients’ Forums.
(5)
The Secretary of State may fix the period that is to be the Commission’s final
reporting period for the purposes of paragraphs 11 and 12 of Schedule 16 to the
30
2006 Act (Commission’s annual report and accounts) by notifying that period
to—
(a)
the Commission; and
(b)
the Comptroller and Auditor General.
(6)
Paragraphs 11 and 12 of Schedule 16 to the 2006 Act shall have effect as if the
35
final reporting period notified under subsection (5) were a financial year.
(7)
Paragraphs 11(2) and 12(1) of Schedule 16 to the 2006 Act do not require the
Commission to prepare annual accounts and reports in respect of any time
after the end of the final reporting period notified under subsection (5).
(8)
The period notified under subsection (5)—
40
(a)
must be a period beginning with 1st April in any year; and
(b)
may be a period of, or longer or shorter than, 12 months.
(9)
In this section—
“the 2006 Act” means the National Health Service Act 2006;

Local Government and Public Involvement in Health Bill
Part 14 — Patient and public involvement in health and social care
168

“the Commission” means the Commission for Patient and Public
Involvement in Health.
Consultation about health services
236
Duty to consult users of health services
(1)
Section 242 of the National Health Service Act 2006 (c. 41) (public involvement
5
and consultation) is amended as follows.
(2)
For subsection (1) (bodies to which section applies) substitute—
“(1)
This section applies to—
(a)
relevant English bodies, and
(b)
relevant Welsh bodies.
10
(1A)
In this section—
“relevant English body” means—
(a)
a Strategic Health Authority,
(b)
a Primary Care Trust,
(c)
an NHS trust that is not a relevant Welsh body, or
15
(d)
an NHS foundation trust;
“relevant Welsh body” means an NHS trust all or most of whose
hospitals, establishments and facilities are in Wales.
(1B)
Each relevant English body must make arrangements, as respects
health services for which it is responsible, which secure that users of
20
those services are, directly or through representatives, consulted on—
(a)
the planning of the provision of those services,
(b)
the development and consideration of significant proposals for
changes in the way those services are provided, and
(c)
significant decisions to be made by that body affecting the
25
operation of those services.
(1C)
For the purposes of subsection (1B)(b), a proposal for changes in the
way any health services are provided is “significant” if implementation
of the proposal would have a substantial impact on—
(a)
the manner in which the services are delivered to users of those
30
services, or
(b)
the range of health services available to those users.
(1D)
For the purposes of subsection (1B)(c), a decision affecting the
operation of any health services is “significant” if implementation of the
decision (if made) would have a substantial impact on—
35
(a)
the manner in which the services are delivered to users of those
services, or
(b)
the range of health services available to those users.
(1E)
The reference in each of subsections (1C)(a) and (1D)(a) to the delivery
of services is to their delivery at the point when they are received by
40
users.
(1F)
For the purposes of subsections (1B) to (1E), a person is a “user” of any
health services if the person is someone to whom those services are
being or may be provided.

Local Government and Public Involvement in Health Bill
Part 15 — Powers of National Assembly for Wales
169

(1G)
A relevant English body must have regard to any guidance given by the
Secretary of State as to the discharge of the body’s duty under
subsection (1B).
(1H)
The guidance mentioned in subsection (1G) includes (in particular)—
(a)
guidance given by the Secretary of State as to the form to be
5
taken by consultation under arrangements under subsection
(1B), and
(b)
guidance so given as to when, or how often, such consultation
is to be carried out.”
(3)
In subsection (2) (each body to which section applies must make
10
arrangements), for “body to which this section applies” substitute “relevant
Welsh body”.
(4)
In subsection (5) (directions about arrangements under subsection (2)), for
“subsection (2)” substitute “this section”.
237
Primary Care Trusts: reports on consultation
15
In Chapter 2 of Part 2 of the National Health Service Act 2006 (c. 41) (Primary
Care Trusts), after section 24 insert—
“24A
Report on consultation
(1)
Each Primary Care Trust must, at such times as the Secretary of State
may direct, prepare a report—
20
(a)
on the consultation it has carried out, or proposes to carry out,
before making commissioning decisions, and
(b)
on the influence that the results of consultation have on its
commissioning decisions.
(2)
In subsection (1) “commissioning decisions”, in relation to a Primary
25
Care Trust, means (subject to any directions under subsection (3)(e))
decisions as to the carrying out of its functions under Parts 4 to 7.
(3)
The Secretary of State may give directions as to—
(a)
the periods to be covered by reports under this section;
(b)
the matters to be dealt with by reports under this section;
30
(c)
the form and content of reports under this section;
(d)
the publication of reports under this section;
(e)
decisions that are to be treated as being, or that are to be treated
as not being, commissioning decisions for the purposes of
subsection (1).”
35
Part 15
Powers of National Assembly for Wales
238
Powers of National Assembly for Wales
Schedule 18 (powers of National Assembly for Wales) has effect.

Local Government and Public Involvement in Health Bill
Part 16 — Miscellaneous
170

Part 16
Miscellaneous
Exercise of functions by members of local authorities in England
239
Exercise of functions by local councillors in England
(1)
Arrangements may be made in accordance with this section for the discharge
5
of any function of a local authority by a member of the authority, to the extent
that the function is exercisable in relation to the electoral division or ward for
which the member is elected.
(2)
In the case of a function of a local authority operating executive arrangements
which is the responsibility of the executive—
10
(a)
it is for the senior executive member to make the arrangements; and
(b)
arrangements under this section may not permit the discharge of the
function by a member of the executive if it may be discharged by him
by virtue of arrangements under section 14(2)(b)(ii) of the Local
Government Act 2000 (c. 22) (discharge of functions: general).
15
(3)
In any other case it is for the local authority to make the arrangements.
(4)
No arrangements may be made under this section for the discharge by a
member of a local authority of any function—
(a)
which is, or to the extent that it is, specified in an order made by the
Secretary of State; or
20
(b)
in any manner or in circumstances so specified.
(5)
Any arrangements made under this section with respect to the discharge of any
function are not to prevent its discharge—
(a)
by the person who made the arrangements; or
(b)
in any other way in which the function is permitted to be discharged by
25
or under any enactment.
(6)
In this section, “local authority” means—
(a)
the council of a county in England;
(b)
a district council; or
(c)
a London borough council.
30
(7)
In this section—
“executive” and “executive arrangements” have the same meanings as in
Part 2 of the Local Government Act 2000 (arrangements with respect to
executives etc);
“senior executive member” has the same meaning as in section 14 of that
35
Act;

and any reference to a function which is the responsibility of the executive of a
local authority is to be construed in accordance with section 13(8) of that Act
(functions which are the responsibility of an executive).
(8)
Any reference in this section to the discharge of any function includes a
40
reference to the doing of anything which is calculated to facilitate, or is
conducive or incidental to, the discharge of that function.

Local Government and Public Involvement in Health Bill
Part 16 — Miscellaneous
171

(9)
In section 13(9)(b) of the Local Government Act 2000 (c. 22), after “Part” insert
“or section 239 of the Local Government and Public Involvement in Health Act
2007 (exercise of functions by local councillors in England)”.
240
Exercise of functions under section 239: records
(1)
After section 100E of the Local Government Act 1972 (c. 70) insert—
5
“100EA
Inspection of records relating to functions exercisable by members
(1)
The Secretary of State may by regulations make provision for written
records of decisions made or action taken by a member of a local
authority, in exercise of a function of the authority by virtue of
arrangements made under section 239 of the Local Government and
10
Public Involvement in Health Act 2007, to be made and provided to the
authority by the member.
(2)
Any written record provided to the authority under regulations under
subsection (1) shall be open to inspection by members of the public at
the offices of the authority for the period of six years beginning with the
15
date on which the decision was made or action was taken.
(3)
A statutory instrument containing regulations under subsection (1)
shall be subject to annulment in pursuance of a resolution of either
House of Parliament.”
(2)
In section 100H of that Act (supplemental provisions and offences), in
20
subsection (4), for “or 100C(1)” substitute “, 100C(1) or 100EA(2)”.
(3)
In section 41 of the Local Government (Miscellaneous Provisions) Act 1976
(c. 57) (evidence of resolutions and minutes of proceedings etc)—
(a)
in subsection (2A)(a), after “that authority,” insert “or a member of that
executive”;
25
(b)
in subsection (2A)(b), after “as the case may be,” insert “by the member
of that executive or”;
(c)
after subsection (2A) insert—
“(2B)
Subsection (2C) applies to a record if—
(a)
it records a decision made or action taken by a member
30
of a local authority or of a precursor of a local authority
in exercise of a function of the authority or precursor by
virtue of arrangements made under section 239 of the
Local Government and Public Involvement in Health
Act 2007, and
35
(b)
it is required to be made by regulations under section
100EA of the Local Government Act 1972.
(2C)
If a document which purports to be a copy of a record to which
this subsection applies bears a certificate—
(a)
purporting to be signed by—
40
(i)
the proper officer of the local authority, or
(ii)
a person authorised in that behalf by that officer
or by the local authority, and
(b)
stating that the decision was made or the action was
taken by the member of the local authority on the date
45
specified in the certificate,

Local Government and Public Involvement in Health Bill
Part 16 — Miscellaneous
172


the document shall be evidence in any proceedings of the
matters stated in the certificate and of the terms of the decision,
or nature of the action, in question.”
Accounting
241
Amendments relating to capital finance and accounting practices
5
(1)
In section 74(6) of the Housing Act 1988 (c. 50) (transfer of land and other
property to housing action trusts)—
(a)
in subsection (a), for the words from “expenditure” to “local
authorities)” substitute “capital expenditure for the purposes of
Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance)”;
10
(b)
in subsection (b), for the words from “that Part” to the end substitute
“section 9(1) of that Act as sums received by the authority in respect of
the disposal by it of an interest in a capital asset.”
(2)
In section 21 of the Local Government Act 2003 (c. 26) (accounting practices),
after subsection (1) insert—
15
“(1A)
The Secretary of State may issue guidance about the accounting
practices to be followed by a local authority, in particular with
respect to the charging of expenditure to a revenue account.
(1B)
A local authority must have regard to any guidance issued to it
under subsection (1A).”
20
(3)
In section 24 of that Act (application to Wales) for “National Assembly for
Wales” substitute “Welsh Ministers”.
Contracting out
242
Contracting out
(1)
In section 70 of the Deregulation and Contracting Out Act 1994 (c. 40)
25
(contracting out of functions of local authorities)—
(a)
in subsection (1)(b), for the words from “or section 38” to “local
authorities)” substitute “or an enactment mentioned in subsection
(1ZA) below”;
(b)
after subsection (1) insert—
30
“(1ZA)
The enactments referred to in subsection (1)(b) above are—
(a)
paragraph 7 of Schedule 2 to the Regional Development
Agencies Act 1998 (delegation of functions by London
Development Agency etc);
(b)
section 38 or 380 of the Greater London Authority Act
35
1999 (delegation of functions exercisable by the Mayor
of London);
(c)
paragraph 7 of Schedule 10 to that Act (delegation by
Transport for London).
(1ZB)
In its application in relation to a local authority which is a fire
40
and rescue authority constituted by a scheme under section 2 of
the Fire and Rescue Services Act 2004 or a scheme to which

Local Government and Public Involvement in Health Bill
Part 16 — Miscellaneous
173

section 4 of that Act applies, subsection (1) above has effect as if
paragraph (b) were omitted.”
(2)
In section 79(1) of that Act (interpretation of Part 2), in the definition of “local
authority”—
(a)
in paragraph (a), for the words from “means” to the end substitute “has
5
the meaning given by section 79A;”;
(b)
in paragraph (b), for the words from “means” to the end substitute “has
the meaning given by section 79B;”.
(3)
After section 79 of that Act insert—
“79A
“Local authority”: England
10
In this Part, “local authority” in relation to England means—
(a)
a county council;
(b)
a district council;
(c)
a London borough council;
(d)
the Greater London Authority acting through the Mayor of
15
London;
(e)
the Common Council of the City of London;
(f)
the sub-treasurer of the Inner Temple;
(g)
the under treasurer of the Middle Temple;
(h)
the Council of the Isles of Scilly;
20
(i)
a parish council;
(j)
a National Park authority;
(k)
a functional body within the meaning of the Greater London
Authority Act 1999;
(l)
an authority established under section 10 of the Local
25
Government Act 1985 (waste disposal authorities);
(m)
a joint authority established by Part 4 of that Act (fire and rescue
services and transport);
(n)
a fire and rescue authority constituted by a scheme under
section 2 of the Fire and Rescue Services Act 2004 or a scheme to
30
which section 4 of that Act applies;
(o)
a police authority established under section 3 of the Police Act
1996;
(p)
an authority established by an order under section 212 of the
Local Government and Public Involvement in Health Act 2007
35
(joint waste authorities);
(q)
any body specified for the purposes of this paragraph by
regulations under section 79C.
79B
“Local authority”: Wales
In this Part, “local authority” in relation to Wales means—
40
(a)
a county council;
(b)
a county borough council;
(c)
a community council;
(d)
a National Park authority;
(e)
a joint planning board constituted for an area in Wales outside
45
a National Park by an order under section 2(1B) of the Town
and Country Planning Act 1990;