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
170

(4)
The guidance mentioned in subsection (3) includes (in particular)—
(a)
guidance given by the Secretary of State as to the form to be
taken by involvement under the authority’s arrangements, and
(b)
guidance so given as to when, or how often, such involvement
is to be carried out.
5
(5)
Any duty of a Strategic Health Authority under regulations under this
section is in addition to the authority’s duty under section 242(1B).
242B
Directions in cases where Strategic Health Authority arranges
involvement
(1)
The Secretary of State may make regulations enabling a Strategic
10
Health Authority, in circumstances mentioned in subsection (2), to
direct a Primary Care Trust that persons who would otherwise be
involved in a particular matter under arrangements made by the
Primary Care Trust under section 242 are not to be involved in that
matter under those arrangements.
15
(2)
The circumstances referred to in subsection (1) are where the persons
concerned are to be involved (whether by the Strategic Health
Authority, by the Strategic Health Authority and the Primary Care
Trust acting jointly, or otherwise) under arrangements made or to be
made by the Strategic Health Authority.
20
(3)
Regulations under this section may include provision—
(a)
for the consequences of compliance with a direction, including
provision that a Primary Care Trust is not to be taken to have
failed to comply with its duty under section 242(1B) by reason
of compliance with a direction,
25
(b)
enabling a direction to be given where involvement under
arrangements made by the Primary Care Trust has already
begun, and as to the provision that may be made by the
direction in such a case,
(c)
requiring prescribed information to be provided by a Primary
30
Care Trust to a Strategic Health Authority,
(d)
requiring prescribed information to be provided by a Strategic
Health Authority to a Primary Care Trust,
(e)
enabling a Strategic Health Authority to direct a Primary Care
Trust to act jointly with the Strategic Health Authority in
35
carrying out involvement.”
231
Reports on consultation
(1)
In Chapter 1 of Part 2 of the National Health Service Act 2006 (c. 41) (Strategic
Health Authorities), after section 17 insert—
“17A
Reports on consultation
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(1)
Each Strategic Health Authority must, at such times as the Secretary of
State may direct, prepare a report—
(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
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commissioning decisions.

Local Government and Public Involvement in Health Bill
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(2)
In subsection (1) “commissioning decisions”, in relation to a Strategic
Health Authority, means (subject to any directions under subsection
(5)(e)) decisions as to the carrying-out of functions exercisable by it for
the purpose of securing, by arrangement with any person or body, the
provision of services as part of the health service.
5
(3)
Each Strategic Health Authority must also, at such times as the
Secretary of State may direct, prepare a report—
(a)
on any relevant consultation carried out by the authority, and
(b)
on the influence that the results of any relevant consultation
have had on such matters as may be specified in the direction.
10
(4)
In subsection (3) “relevant consultation” means consultation in relation
to matters specified by the direction under that subsection.
(5)
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;
15
(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).”
20
(2)
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—
25
(a)
on the consultation carried out, or proposed to be carried out,
before the making by the Primary Care Trust of commissioning
decisions, and
(b)
on the influence that the results of consultation have on its
commissioning decisions.
30
(2)
In subsection (1) “commissioning decisions”, in relation to a Primary
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;
35
(b)
the matters to be dealt with by reports under this section;
(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
40
subsection (1).”

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

Part 15
Powers of National Assembly for Wales
232
Powers of National Assembly for Wales
Schedule 17 (powers of National Assembly for Wales) has effect.
Part 16
5
Miscellaneous
Exercise of functions by members of local authorities in England
233
Exercise of functions by local councillors in England
(1)
Arrangements may be made in accordance with this section for the discharge
of any function of a local authority by a member of the authority, to the extent
10
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—
(a)
it is for the senior executive member to make the arrangements; and
15
(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).
(3)
In any other case it is for the local authority to make the arrangements.
20
(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
(b)
in any manner or in circumstances so specified.
25
(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
or under any enactment.
30
(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.
(7)
In this section—
35
“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
Act;
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Local Government and Public Involvement in Health Bill
Part 16 — Miscellaneous
173


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
reference to the doing of anything which is calculated to facilitate, or is
5
conducive or incidental to, the discharge of that function.
(9)
In section 13(9)(b) of the Local Government Act 2000 (c. 22), after “Part” insert
“or section 233 of the Local Government and Public Involvement in Health Act
2007 (exercise of functions by local councillors in England)”.
234
Exercise of functions under section 233: records
10
(1)
After section 100E of the Local Government Act 1972 (c. 70) insert—
“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
15
arrangements made under section 233 of the Local Government and
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
20
the offices of the authority for the period of six years beginning with the
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.”
25
(2)
In section 100H of that Act (supplemental provisions and offences), in
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
30
executive”;
(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—
35
(a)
it records a decision made or action taken by a member
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 233 of the
Local Government and Public Involvement in Health
40
Act 2007, and
(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—
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Local Government and Public Involvement in Health Bill
Part 16 — Miscellaneous
174

(a)
purporting to be signed by—
(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
5
taken by the member of the local authority on the date
specified in the certificate,

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.”
10
Accounting
235
Amendments relating to capital finance and accounting practices
(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
15
authorities)” substitute “capital expenditure for the purposes of
Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance)”;
(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.”
20
(2)
In section 21 of the Local Government Act 2003 (c. 26) (accounting practices),
after subsection (1) insert—
“(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.
25
(1B)
A local authority must have regard to any guidance issued to it
under subsection (1A).”
(3)
In section 24 of that Act (application to Wales) for “National Assembly for
Wales” substitute “Welsh Ministers”.
Contracting out
30
236
Contracting out
(1)
In section 70 of the Deregulation and Contracting Out Act 1994 (c. 40)
(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
35
(1ZA) below”;
(b)
after subsection (1) insert—
“(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
40
Development Agency etc);

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(b)
section 38 or 380 of the Greater London Authority Act
1999 (delegation of functions exercisable by the Mayor
of London);
(c)
paragraph 7 of Schedule 10 to that Act (delegation by
Transport for London).
5
(1ZB)
In its application in relation to a local authority which is a fire
and rescue authority constituted by a scheme under section 2 of
the Fire and Rescue Services Act 2004 or a scheme to which
section 4 of that Act applies, subsection (1) above has effect as if
paragraph (b) were omitted.”
10
(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
the meaning given by section 79A;”;
(b)
in paragraph (b), for the words from “means” to the end substitute “has
15
the meaning given by section 79B;”.
(3)
After section 79 of that Act insert—
“79A
“Local authority”: England
In this Part, “local authority” in relation to England means—
(a)
a county council;
20
(b)
a district council;
(c)
a London borough council;
(d)
the Greater London Authority acting through the Mayor of
London;
(e)
the Common Council of the City of London;
25
(f)
the sub-treasurer of the Inner Temple;
(g)
the under treasurer of the Middle Temple;
(h)
the Council of the Isles of Scilly;
(i)
a parish council;
(j)
a National Park authority;
30
(k)
a functional body within the meaning of the Greater London
Authority Act 1999;
(l)
an authority established under section 10 of the Local
Government Act 1985 (waste disposal authorities);
(m)
a joint authority established by Part 4 of that Act (fire and rescue
35
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
which section 4 of that Act applies;
(o)
a police authority established under section 3 of the Police Act
40
1996;
(p)
an authority established by an order under section 206 of the
Local Government and Public Involvement in Health Act 2007
(joint waste authorities);
(q)
any body specified for the purposes of this paragraph by
45
regulations under section 79C.