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 14 — Patient and public involvement in health and social care
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(c)
limiting the hours during which a duty applies.
(4)
While an authorised representative is on any premises as a result of a services-
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
5
made under section 220(1), of activities specified in section 220(2); and
(b)
the representative must comply with any applicable conditions and
restrictions imposed under subsection (1) for the purposes of this
paragraph.
(5)
In this section “authorised representative” means an individual authorised for
10
the purposes of this section, in accordance with any applicable provision in
regulations under subsection (1), by a local involvement network.
(6)
In this section “local involvement network” means a person who, in pursuance
of arrangements made under section 220(1), is to carry on activities specified in
section 220(2).
15
(7)
In this section “services-provider” means—
(a)
a National Health Service trust;
(b)
an NHS foundation trust;
(c)
a Primary Care Trust;
(d)
a local authority; or
20
(e)
a person prescribed by regulations made by the Secretary of State.
224
Local involvement networks: referrals of social care matters
(1)
Subsections (2) to (5) apply where a local involvement network refers a matter
relating to social care services to an overview and scrutiny committee of a local
authority.
25
(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
matter.
(3)
The committee must decide whether or not any of its powers is exercisable in
30
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
in relation to the matter.
(5)
The committee, in exercising any of those powers in relation to the matter,
35
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
determining the time by which a duty under subsection (2)(a) is to be
performed.
40
(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
section 220(1), is to carry on activities specified in section 220(2); and

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(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”—
(a)
in relation to a local authority which under Part 2 of the Local
5
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
operates alternative arrangements, means a committee or sub-
10
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
(d)
in relation to the Council of the Isles of Scilly, means a
15
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;
“social care services” means services provided as part of the social
20
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).
225
Local involvement networks: annual reports
(1)
Subsection (2) has effect for the purposes of section 221(7).
25
(2)
In relation to any arrangements made under section 220(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
by the network for each financial year of a report in relation to
30
the activities of the network in the year (so far as they are
activities specified in section 220(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,
under provision included in the arrangements in pursuance of
35
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
activities;
40
(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
(d)
provision requiring that, once such a report has been prepared—
45
(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

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(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;
5
(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
10
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—
15
(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.
(4)
The persons referred to in subsection (2)(d)(ii) are—
(a)
the local authority;
20
(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
within subsection (5);
(d)
the Secretary of State; and
25
(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—
(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
30
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 220(2) and carried on in pursuance of the arrangements) are
relevant to the functions of the committee; and
(b)
in the case of a report prepared by H in compliance with provision
35
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.
(6)
In subsections (2) to (5) “the non-networked activities” means the activities
specified in section 220(2) for the authority’s area so far as they—
40
(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
the remit of a local involvement network.
(7)
For the purposes of subsection (2)(a)(iii), a financial year is “non-networked” if
45
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).

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(8)
In subsections (2) to (7), a reference to a “local involvement network” is to a
person who, in pursuance of the arrangements, is to carry on in the local
authority’s area activities specified in section 220(2) for that area.
(9)
In this section—
“financial year” means a period of 12 months ending with 31st March;
5
“overview and scrutiny committee” has the meaning given by section
224(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
10
published in such manner as, in the opinion of the Secretary of State, is likely
to bring them or it to the attention of the persons to whom they or it are
applicable.
226
Sections 220 to 225: interpretation and supplementary
(1)
For the purposes of sections 220 to 225, each of the following is a “local
15
authority”—
(a)
a county council in England;
(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;
20
(d)
the Common Council of the City of London; and
(e)
the Council of the Isles of Scilly.
(2)
Any power of the Secretary of State to make regulations under sections 220 to
225 includes power to make incidental, supplementary, consequential,
transitory or transitional provision or savings.
25
Abolition of Patients’ Forums etc
227
Abolition of functions of Patients’ Forums
(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’
30
Forums); and
section 241(3) and (4) (regulations about membership of Patients’
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
35
report for each financial year), and regulation 4 of the Functions
Regulations (a Patients’ Forum must prepare annual accounts for each
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
40
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
Patients’ Forum as if for “31st May” there were substituted “two
months”.

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(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
force.
(4)
Section 240 of the 2006 Act does not require a Patients’ Forum to prepare a
5
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.
(5)
In subsections (2) to (4) “final reporting period”, in relation to a Patients’
Forum, means the period—
10
(a)
ending with the coming into force of subsection (1); and
(b)
beginning with the preceding 1st April.
(6)
In this section—
“the 2006 Act” means the National Health Service Act 2006 (c. 41);
“the Functions Regulations” means the Patients’ Forums (Functions)
15
Regulations 2003 (S.I. 2003/2124).
228
Abolition of Patients’ Forums
(1)
The following provisions of the National Health Service Act 2006 are omitted—
section 237(1) and (2) (establishment of Patients’ Forums and
appointment of their members);
20
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
25
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.
229
Abolition of Commission for Patient and Public Involvement in Health
30
(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
35
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
40
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.

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(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
2006 Act (Commission’s annual report and accounts) by notifying that period
to—
(a)
the Commission; and
5
(b)
the Comptroller and Auditor General.
(6)
Paragraphs 11 and 12 of Schedule 16 to the 2006 Act shall have effect as if the
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
10
after the end of the final reporting period notified under subsection (5).
(8)
The period notified under subsection (5)—
(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—
15
“the 2006 Act” means the National Health Service Act 2006 (c. 41);
“the Commission” means the Commission for Patient and Public
Involvement in Health.
Consultation about health services
230
Duty to involve users of health services
20
(1)
Section 242 of the National Health Service Act 2006 (public involvement and
consultation) is amended as mentioned in subsections (2) to (4) below.
(2)
For subsection (1) (bodies to which section applies) substitute—
“(1)
This section applies to—
(a)
relevant English bodies, and
25
(b)
relevant Welsh bodies.
(1A)
In this section—
“relevant English body” means—
(a)
a Strategic Health Authority,
(b)
a Primary Care Trust,
30
(c)
an NHS trust that is not a relevant Welsh body, or
(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
35
health services for which it is responsible, which secure that users of
those services, whether directly or through representatives, are
involved (whether by being consulted or provided with information, or
in other ways) in—
(a)
the planning of the provision of those services,
40
(b)
the development and consideration of proposals for changes in
the way those services are provided, and

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(c)
decisions to be made by that body affecting the operation of
those services.
(1C)
Subsection (1B)(b) applies to a proposal only if implementation of the
proposal would have an impact on—
(a)
the manner in which the services are delivered to users of those
5
services, or
(b)
the range of health services available to those users.
(1D)
Subsection (1B)(c) applies to a decision only if implementation of the
decision (if made) would have an impact on—
(a)
the manner in which the services are delivered to users of those
10
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
users.
15
(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.
(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
20
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
taken by involvement under arrangements under subsection
(1B), and
25
(b)
guidance so given as to when, or how often, such involvement
is to be carried out.”
(3)
In subsection (2) (each body to which section applies must make
arrangements), for “body to which this section applies” substitute “relevant
Welsh body”.
30
(4)
In subsection (5) (directions about arrangements under subsection (2)), for
“subsection (2)” substitute “this section”.
(5)
After that section insert—
“242A
Strategic Health Authorities: further duty to involve users
(1)
The Secretary of State must by regulations require each Strategic Health
35
Authority to make arrangements which secure that health service users
are, directly or through representatives, involved (whether by being
consulted or provided with information, or in other ways) in prescribed
matters.
(2)
In this section “health service users” means persons to whom health
40
services are being or may be provided in the area of the Strategic Health
Authority.
(3)
A Strategic Health Authority must have regard to any guidance given
by the Secretary of State as to the discharge of the authority’s duty
under regulations under this section.
45