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 12 — Entities controlled etc by local authorities
156

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 211(1) or (4) or
5
212(2).
(6)
Where an order under section 211—
(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 211 may include incidental, consequential, transitional
or supplementary provision.
(9)
In this section the following have the same meaning as in section 211—
“actions”;
“entity”;
25
“local authority”;
“qualifying person”;

and references to a trust connected with a local authority have the same
meaning as in section 212.
(10)
In this section “the Audit Commission” means the Audit Commission for Local
30
Authorities and the National Health Service in England.
214
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 211 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
Part 12 — Entities controlled etc by local authorities
157

(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 211;
“specified” means specified by the direction.
5
215
Consequential amendments
(1)
Omit Part 5 of the Local Government and Housing Act 1989 (c. 42).
(2)
Schedule 14 (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).
216
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
Part 12 — Entities controlled etc by local authorities
158

(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).
217
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).

Local Government and Public Involvement in Health Bill
Part 13 — The Valuation Tribunal for England
159

(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
218
Establishment of the Tribunal
(1)
Schedule 15 (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 15 to this
Act).
219
Consequential and transitional provision etc
30
(1)
Schedule 16 (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
Part 14 — Patient and public involvement in health and social care
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 240 and 242(5)(b).
Part 14
Patient and public involvement in health and social care
15
Local involvement networks
220
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 for the purposes of their consideration of
matters mentioned in subsection (3), and to review for those purposes,
25
the commissioning and provision of local care services;
(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
30
(ii)
reports and recommendations about how local care services
could or ought to be improved,

to persons responsible for commissioning, providing, managing or
scrutinising local care services.
(3)
The matters referred to in subsection (2)(b) are—
35
(a)
the standard of provision of local care services;
(b)
whether, and how, local care services could be improved;
(c)
whether, and how, local care services ought to be improved.
(4)
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).
40
(5)
Before making regulations under this section, the Secretary of State must
consult such persons as the Secretary of State considers appropriate.
(6)
In this section—

Local Government and Public Involvement in Health Bill
Part 14 — Patient and public involvement in health and social care
161

“care services” means—
(a)
services provided as part of the health service in England; or
(b)
services provided as part of the social services functions of a
local authority;
“local care services”, in relation to a local authority, means—
5
(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
10
meaning as in the Local Authority Social Services Act 1970 (c. 42).
221
Arrangements under section 220(1)
(1)
This section applies in relation to any particular arrangements made under
section 220(1) by a local authority (“A”).
(2)
In this section, a reference to a “local involvement network” is to a person who,
15
in pursuance of the arrangements, is to carry on in A’s area activities specified
in section 220(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
20
local involvement network—
(a)
H;
(b)
A;
(c)
any other local authority;
(d)
a National Health Service trust;
25
(e)
an NHS foundation trust;
(f)
a Primary Care Trust;
(g)
a Strategic Health Authority.
(5)
The arrangements may (in particular) make provision as respects co-operation
between a local involvement network and any English network or English
30
networks.
(6)
The arrangements may provide for the making of payments by A.
(7)
The arrangements must include the required provision about annual reports
(see section 225).
(8)
In this section “English network” means a person who, in pursuance of
35
arrangements made under section 220(1) by any local authority, is to carry on
activities specified in section 220(2).
222
Duties of services-providers to respond to local involvement networks
(1)
The Secretary of State may by regulations impose, on a services-provider,
duties—
40
(a)
as respects responding to requests for information made to the services-
provider by a local involvement network;

Local Government and Public Involvement in Health Bill
Part 14 — Patient and public involvement in health and social care
162

(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
paragraph (b), have been referred to the services-provider by another
5
services-provider.
(2)
In subsection (1) “services-provider” means—
(a)
a National Health Service trust;
(b)
an NHS foundation trust;
(c)
a Primary Care Trust;
10
(d)
a local authority; or
(e)
a person prescribed by regulations made by the Secretary of State.
(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
15
section 220(1), is to carry on activities specified in section 220(2); and
(b)
it is done by that person in the carrying-on, under those arrangements,
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.
20
223
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
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.
25
(2)
The provision that may be made by regulations under subsection (1) includes
(in particular)—
(a)
providing for a duty to apply in relation to premises owned or
controlled by a services-provider only if, or not to apply in relation to
any such premises if, the premises are of a particular description;
30
(b)
providing for a duty, so far as applying in relation to any premises, to
apply in relation to activities carried on on the premises only if, or not
to apply in relation to any such activities if, the activities are of a
particular description;
(c)
conditions to be satisfied before a duty arises in a particular case;
35
(d)
provision limiting the extent of a duty, whether generally or in
particular cases;
(e)
provision imposing, or authorising the imposition of, conditions and
restrictions for the purposes of subsection (4)(b);
(f)
provision as respects the authorisation of individuals for the purposes
40
of this section by a local involvement network.
(3)
Provision such as is mentioned in subsection (2)(d) may limit a duty by (in
particular)—
(a)
providing for a duty not to apply to an authorised representative if he
is, or unless he is, of a particular description;
45
(b)
limiting the number of authorised representatives to whom a duty
applies in a particular case;