National Health Service Act 1977

Local advisory committees andCommunity Health Councils E+W+S

19 Local advisory committees. E+W+S

(1) Where the Secretary of State is satisfied that a committee formed for Wales, or for the region of a Regional Health Authority, is representative of persons of any of the following categories—

(a) the medical practitioners, or

(b) the dental practitioners, or

(c) the nurses and midwives, or

(d) the registered pharmacists, or

(e) the ophthalmic [F1 and dispensing] opticians,

of Wales or of the region, then it shall be his duty to recognise the committee.

(2) A committee recognised in pursuance of subsection (1) above shall be called—

(a) the Welsh Medical, Dental, Nursing and Midwifery, Pharmaceutical or Optical Committee, as the case may be;

(b) the Regional Medical, Dental, Nursing and Midwifery, Pharmaceutical or Optical Committee, as the case may be, for the region in question.

(3) Where the Secretary of State is satisfied that a committee formed for the area of an Area Health Authority [F2 or for the district of a District Health Authority] is representative of persons of any of the categories mentioned in paragraphs (a) to (e) in subsection (1) it shall be his duty to recognise the committee.

A committee recognised in pursuance of this subsection shall be called the Area [F2 or the District] Medical, Dental, Nursing and Midwifery, Pharmaceutical or Optical Committee, as the case may be, for the area [F2 or district] in question.

(4) The Secretary of State’s duty under subsections (1) and (3) above is subject to paragraph 1 of Schedule 6 to this Act, and that Schedule has effect in relation to a committee recognised in pursuance of this section.

Textual Amendments

F1 Words repealed (prosp.) by Health and Social Security Act 1984 (c. 48, SIF 113:1), ss. 24, 27(1), Sch. 8 Pt. I

F2 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1 para. 39

Valid from 01/09/2003

[F3 19A Independent advocacy services E+W+S

(1) It is the duty of the Secretary of State to arrange, to such extent as he considers necessary to meet all reasonable requirements, for the provision of independent advocacy services.

(2) “Independent advocacy services” are services providing assistance (by way of representation or otherwise) to individuals making or intending to make—

(a) a complaint under a procedure operated by a health service body or independent provider,

(b) a complaint to the Health Service Commissioner for England or the Health Service Commissioner for Wales,

(c) a complaint of a prescribed description which relates to the provision of services as part of the health service and—

(i) is made under a procedure of a prescribed description, or

(ii) gives rise, or may give rise, to proceedings of a prescribed description.

(3) In subsection (2)—

• “health service body” means a body which, under section 2(1) or (2) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England or the Health Service Commissioner for Wales;

• “independent provider” means a person who, under section 2B(1) or (2) of that Act, is subject to such investigation.

(4) The Secretary of State may make such other arrangements as he thinks fit for the provision of assistance to individuals in connection with complaints relating to the provision of services as part of the health service.

(5) In making arrangements under this section the Secretary of State must have regard to the principle that the provision of services under the arrangements should, so far as practicable, be independent of any person who is the subject of a relevant complaint or is involved in investigating or adjudicating on such a complaint.

(6) The Secretary of State may make payments to any person in pursuance of arrangements under this section.]

Textual Amendments

F3 S. 19A inserted (prosp.) by 2001 c. 15, ss. 12, 70(2) (with ss. 64(9), 65(4))

20 Community Health Councils. E+W+S

(1) It is the Secretary of State’s duty to establish in accordance with this section a council for the area of each Area Health Authority [F4 and a council for the district of each District Health Authority], or separate councils for such separate parts of the areas [F4 or districts] of those Authorities as he thinks fit, and such a council shall be called a Community Health Council.

(2) The Secretary of State—

(a) may if he thinks fit discharge this duty by establishing a Community Health Council for a district which includes the areas or parts of the areas of two or more Area Health Authorities [F4 or for a district which includes the districts or parts of the districts of two or more District Health Authorities], but

(b) shall be treated as not having discharged that duty unless he secures that there is no part of the area of an Area Health Authority [F4 or of the district of a District Health Authority] which is not included in some Community Health Council’s district.

(3) The additional provisions of Schedule 7 to this Act have effect in relation to Community Health Councils.

Textual Amendments

F4 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), Sch. 1 para. 40