Local Government and Public Involvement in Health Act 2007 (c. 28)

Part 14 E+W Patient and public involvement in health and social care

[F1 Local arrangements] E+W

Textual Amendments

F1 S. 221 cross-heading substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 182(10), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

221 Health services and social servicesF2 ... E+W

(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.

(2) The activities for a local authority's area are—

(a) promoting, and supporting, the involvement of [F3 local] people in the commissioning, provision and scrutiny of local care services;

(b) enabling [F3 local] people to monitor for the purposes of their consideration of matters mentioned in subsection (3), and to review for those purposes, the commissioning and provision of local care services;

(c) obtaining the views of [F3 local] people about their needs for, and their experiences of, local care services; F4 ...

(d) making—

(i) views such as are mentioned in paragraph (c) known, and

(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 [F5 and to the Healthwatch England committee of the Care Quality Commission.]

[F6 (e) providing advice and information about access to local care services and about choices that may be made with respect to aspects of those services;

(f) reaching views on the matters mentioned in subsection (3) and making those views known to the Healthwatch England committee of the Care Quality Commission;

(g) making recommendations to that committee to advise the Commission about special reviews or investigations to conduct (or, where the circumstances justify doing so, making such recommendations direct to the Commission);

(h) making recommendations to that committee to publish reports under section 45C(3) of the Health and Social Care Act 2008 about particular matters; and

(i) giving that committee such assistance as it may require to enable it to carry out its functions effectively, efficiently and economically.]

(3) The matters referred to in subsection (2)(b) [F7 and (f)] are—

(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.

[F8 (3A) A person to whom views are made known or reports or recommendations are made under subsection (2)(d) must, in exercising any function relating to care services, have regard to the views, reports or recommendations.]

[F9 (3B) Each local authority must ensure that only one set of arrangements under subsection (1) in relation to its area is in force at any one time.]

(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).

(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—

• “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—

  (a)

  care services provided in the authority's area; and

  (b)

  care services provided, in any place, for people from the area;

• [F10 “local people”, in relation to a local authority, means—

  (a)

  people who live in the local authority's area,

  (b)

  people to whom care services are being or may be provided in that area,

  (c)

  people from that area to whom care services are being provided in any place, and

  who are (taken together) representative of the people mentioned in paragraphs (a) to (c);]

• “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 meaning as in the Local Authority Social Services Act 1970 (c. 42).

Textual Amendments

F2 Words in s. 221 title omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 182(9), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F3 Words in s. 221(2)(a)-(c) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 182(2)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F4 Word in s. 221 omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 182(2)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F5 Words in s. 221(2)(d) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 182(3), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F6 S. 221(2)(e)-(i) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 182(4), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F7 Words in s. 221(3) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 182(5), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F8 S. 221(3A) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 182(6), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F9 S. 221(3B) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 182(7), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F10 Words in s. 221(6) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 182(8), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Commencement Information

I1 S. 221 in force at 1.4.2008 by S.I. 2008/461, art. 2(3), Sch.

F11 222 [F11 Local Healthwatch organisations] E+W

(1) This section applies in relation to any particular arrangements made under section 221(1) by a local authority (“A”).

[F12 (2) The arrangements must be made with a body corporate which—

(a) is a social enterprise, and

(b) satisfies such criteria as may be prescribed by regulations made by the Secretary of State.

(2A) For so long as the arrangements are in force, the body with which they are made—

(a) has the function of carrying on in A's area the activities specified in section 221(2), and

(b) is to be known as the “Local Healthwatch organisation” for A's area.

(2B) But the arrangements may authorise the Local Healthwatch organisation to make, in pursuance of those arrangements, arrangements (“Local Healthwatch arrangements”) with a person (other than A) for that person—

(a) to assist the organisation in carrying on in A's area some or all of the activities, or

(b) (subject to provision made under section 223(2)(e)) to carry on in A's area some (but not all) of the activities on the organisation's behalf.]

(3) [F13 None of the following is capable of being a Local Healthwatch organisation]—

(a) a local authority;

(b) a National Health Service trust;

(c) an NHS foundation trust; [F14 or

(ca) a clinical commissioning group.]

F15 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17 (3A) The arrangements must not be made with the National Health Service Commissioning Board.]

[F18 (4) The arrangements must secure the result that Local Healthwatch arrangements will not be made with a body of a description specified in subsection (3) or with the National Health Service Commissioning Board.]

[F19 (5) The arrangements may (in particular) make provision as respects co-operation between the Local Healthwatch organisation for the area and one or more other Local Healthwatch organisations.]

(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 227).

[F20 (7A) A must exercise its functions under this Part so as to secure that the arrangements—

(a) operate effectively, and

(b) represent value for money.

(7B) A must publish a report of its findings in seeking to secure the objective mentioned in subsection (7A).]

[F21 (8) For the purposes of this section, a body is a social enterprise if—

(a) a person might reasonably consider that it acts for the benefit of the community in England, and

(b) it satisfies such criteria as may be prescribed by regulations made by the Secretary of State.

(9) Regulations made by the Secretary of State may provide that activities of a prescribed description are to be treated as being, or as not being, activities which a person might reasonably consider to be activities carried on for the benefit of the community in England.

(10) In subsections (8) and (9), “community” includes a section of the community; and regulations made by the Secretary of State may make provision about what does, does not or may constitute a section of the community.]

Textual Amendments

F11 S. 222 title substituted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 183(8), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F12 S. 222(2)-(2B) substituted for s. 222(2) (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 183(2), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F13 Words in s. 222(3) substituted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 183(3), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F14 S. 222(3)(ca) and preceding word inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 149(2)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F15 S. 222(3)(d) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 149(2)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F16 S. 222(3)(e) and preceding word omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 149(2)(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F17 S. 222(3A) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 149(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F18 S. 222(4) substituted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 183(4), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F19 S. 222(5) substituted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 183(5), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F20 S. 222(7A)(7B) inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 183(6), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F21 S. 222(8)-(10) substituted for s. 222(8) (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 183(7), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Commencement Information

I2 S. 222 in force at 1.4.2008 by S.I. 2008/461, art. 2(3), Sch.

[F22 222A Local authority arrangements: conflicts of interest E+W

(1) In making arrangements under section 221(1), a local authority must have regard to any conflicts guidance issued by the Secretary of State.

(2) Arrangements under section 221(1) must require the Local Healthwatch organisation, in exercising its function of carrying on the activities specified in section 221(2) or in making Local Healthwatch arrangements, to have regard to any conflicts guidance issued by the Secretary of State.

(3) In this section, “conflicts guidance” means guidance about managing conflicts between—

(a) the making of arrangements under section 221(1), and

(b) the carrying-on of the activities specified in section 221(2).

(4) In this section, “Local Healthwatch arrangements” has the meaning given by section 222.]

Textual Amendments

F22 S. 222A inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 183(9), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

223 Arrangements: power to make further provision E+W

(1) The Secretary of State must make regulations which provide that arrangements made under section 221(1) (“local authority arrangements”) must [F23 include prescribed provision].

[F24 (1A) The Secretary of State may make regulations which provide that local authority arrangements must require Local Healthwatch arrangements to include prescribed provision.]

(2) The regulations may in particular provide that local authority arrangements [F25 must include or (as the case may be) must require Local Healthwatch arrangements to include]—

(a) prescribed provision relating to the way in which certain decisions of [F26 a Local Healthwatch organisation or a Local Healthwatch contractor] are to be taken;

(b) prescribed provision relating to the authorisation of individuals as authorised representatives within the meaning of section 225(5);

(c) prescribed provision relating to the use by [F27 a Local Healthwatch organisation or a Local Healthwatch contractor] of money derived from the arrangements;

(d) prescribed provision relating to the consequences of contravention by [F27 a Local Healthwatch organisation or a Local Healthwatch contractor] of any provision of the arrangements[F28 ;

(e) prescribed provision relating to the activities which a Local Healthwatch contractor may not carry on on a Local Healthwatch organisation's behalf;

(f) prescribed provision relating to the obtaining by a Local Healthwatch organisation of a licence under section 45D of the Health and Social Care Act 2008 and the grant by the organisation to a Local Healthwatch contractor of a sub-licence;

(g) prescribed provision relating to the use by a Local Healthwatch organisation or a Local Healthwatch contractor of the trade mark to which a licence under that section relates;

(h) prescribed provision relating to the infringement of the trade mark to which a licence under that section relates;

(i) prescribed provision relating to the imposition of a requirement on a Local Healthwatch organisation to act with a view to securing that its Local Healthwatch contractors (taken together) are representative of—

(i) people who live in the local authority's area,

(ii) people to whom care services are being or may be provided in that area, and

(iii) people from that area to whom care services are being provided in any place.]

[F29 (2A) The provision which may be prescribed in relation to a Local Healthwatch contractor includes provision that relates to the contractor—

(a) only in so far as it assists the Local Healthwatch organisation in the carrying-on of activities specified in section 221(2);

(b) only in so far as it carries on such activities on the organisation's behalf.

(2B) Regulations under this section may make provision which applies to all descriptions of Local Healthwatch contractor, which applies to all those descriptions subject to specified exceptions or which applies only to such of those descriptions as are prescribed.]

(3) In this section—

• [F30 “care services” has the meaning given by section 221;]

• F31 ...

• [F32 “Local Healthwatch arrangements” has the meaning given by section 222;]

• [F33 “Local Healthwatch contractor”, in relation to a Local Healthwatch organisation, means a person with whom the organisation makes Local Healthwatch arrangements;]

• “prescribed provision” means provision prescribed or of a description prescribed by the regulations[F34 ;

• trade mark”, and “use” and “infringement” in relation to a trade mark, each have the same meaning as in the Trade Marks Act 1994.]

Textual Amendments

F23 Words in s. 223(1) substituted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 184(2), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F24 S. 223(1A) inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 184(3), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F25 Words in s. 223(2) substituted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 184(4)(a), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F26 Words in s. 223(2)(a) substituted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 184(4)(b), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F27 Words in s. 223(2)(c)(d) substituted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 184(4)(b), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F28 S. 223(2)(e)-(i) inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 184(4)(c), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F29 S. 223(2A)(2B) inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 184(5), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F30 Words in s. 223(3) inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 184(6)(a), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F31 Words in s. 223(3) omitted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by virtue of Health and Social Care Act 2012 (c. 7), ss. 184(6)(b), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F32 Words in s. 223(3) substituted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 184(6)(c), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F33 Words in s. 223(3) inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 184(6)(d), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F34 Words in s. 223(3) inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 184(6)(e), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Commencement Information

I3 S. 223 in force at 21.2.2008 by S.I. 2008/461, art. 2(1)(a)

[F35 223A Independent advocacy services E+W

(1) Each local authority must make such arrangements as it considers appropriate for the provision of independent advocacy services in relation to its area.

(2) In this section, “independent advocacy services” means services providing assistance (by way of representation or otherwise) to persons making or intending to make—

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

(b) a complaint under section 113(1) or (2) of the Health and Social Care (Community Health and Standards) Act 2003;

(c) a complaint to the Health Service Commissioner for England;

(d) a complaint to the Public Services Ombudsman for Wales which relates to a Welsh health body;

(e) a complaint under section 73C(1) of the National Health Service Act 2006;

(f) a complaint to a Local Commissioner under Part 3 of the Local Government Act 1974 about a matter which could be the subject of a complaint under section 73C(1) of the National Health Service Act 2006; or

(g) a complaint of such description as the Secretary of State may by regulations prescribe which relates to the provision of services as part of the health service and—

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

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

(3) Each local authority may make such other arrangements as it considers appropriate for the provision of services in relation to its area providing assistance to individuals in connection with complaints relating to the provision of services as part of the health service.

(4) Arrangements under this section may not provide for a person to make arrangements for the provision of services by a Local Healthwatch organisation.

(5) In making arrangements under this section, a local authority must have regard to the principle that the provision of services under the arrangements or arrangements made in pursuance of the arrangements should, so far as practicable, be independent of any person who is—

(a) the subject of a relevant complaint; or

(b) involved in investigating or adjudicating on such a complaint.

(6) A local authority may make payments to—

(a) a person providing services under arrangements under this section;

(b) a person arranging for the provision of services in pursuance of arrangements under this section;

(c) a person providing services under arrangements made in pursuance of arrangements under this section.

(7) The Secretary of State may by regulations make provision requiring a person providing services under arrangements under this section or arrangements made in pursuance of the arrangements to have cover against the risk of a claim in negligence arising out of the provision of the services.

(8) The Secretary of State may give directions to a local authority about the exercise of its functions under this section.

(9) A direction under subsection (8) may be varied or revoked.

(10) In this section—

• “the health service” has the same meaning as in the National Health Service Act 2006;

• “health service body” means—

  (a)

  in relation to England, a body which, under section 2(1) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England;

  (b)

  in relation to Wales, a Welsh health service body (within the meaning of the Public Services Ombudsman (Wales) Act 2005);

• “independent provider” means—

  (a)

  in relation to England, a person who, under section 2B(1) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England;

  (b)

  in relation to Wales, a person who is an independent provider in Wales (within the meaning of the Public Services Ombudsman (Wales) Act 2005);

• “Welsh health body” means—

  (a)

  a Local Health Board,

  (b)

  an NHS trust managing a hospital or other establishment or facility in Wales,

  (c)

  a Special Health Authority not discharging functions only or mainly in England,

  (d)

  an independent provider in Wales (within the meaning of the Public Services Ombudsman (Wales) Act 2005),

  (e)

  a family health service provider in Wales (within the meaning of that Act), or

  (f)

  a person with functions conferred under section 113(2) of the Health and Social Care (Community Health and Standards) Act 2003.]

Textual Amendments

F35 S. 223A inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 185(1), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

224 Duties of [F36 responsible persons] to respond to [F37 Local Healthwatch organisations or contractors] E+W

(1) The Secretary of State may by regulations impose, on a [F38 responsible person], duties—

(a) as respects responding to requests for information made to the [F38 responsible person] by [F39 a Local Healthwatch organisation or a Local Healthwatch contractor];

(b) as respects dealing with reports or recommendations made to the [F38 responsible person] by [F39 a Local Healthwatch organisation or a Local Healthwatch contractor]; 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 [F38 responsible person] by another [F38 responsible person].

(2) In subsection (1) “[F38 responsible person]” means—

[F40 (za) the National Health Service Commissioning Board;

(zb) a clinical commissioning group;]

(a) a National Health Service trust;

(b) an NHS foundation trust;

F41 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) a local authority; or

(e) a person prescribed by regulations made by the Secretary of State.

[F42 (3) For the purposes of subsection (1), something is done by a Local Healthwatch organisation if it is done by that organisation—

(a) in the carrying-on, under arrangements made under section 221(1), of activities specified in section 221(2), or

(b) in compliance with a requirement imposed by virtue of section 223(2)(i).

(3A) For the purposes of subsection (1), something is done by a Local Healthwatch contractor if it is done by that contractor in the carrying-on, under Local Healthwatch arrangements, of activities specified in section 221(2).]

(4) Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

[F43 (5) In this section—

• “Local Healthwatch arrangements” has the meaning given by section 222;

• “Local Healthwatch contractor” has the meaning given by section 223.]

Textual Amendments

F36 Words in s. 224(2) title substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 150(d); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F37 Words in s. 224 title substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 186(5), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F38 Words in s. 224 substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 150(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F39 Words in s. 224(1)(a)(b) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 186(2), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F40 S. 224(2)(za)(zb) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 150(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F41 S. 224(2)(c) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 150(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F42 S. 224(3)(3A) substituted for s. 224(3) (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 186(3), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F43 S. 224(5) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 186(4), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Commencement Information

I4 S. 224 in force at 21.2.2008 by S.I. 2008/461, art. 2(1)(b)

225 [F44 Duties of services-providers to allow entry by Local Healthwatch organisations or contractors] E+W

(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.

(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;

(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;

(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 of this section by [F45 a Local Healthwatch organisation or a Local Healthwatch contractor].

(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;

(b) limiting the number of authorised representatives to whom a duty applies in a particular case;

(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 made under section 221(1) [F46 or Local Healthwatch arrangements], of activities specified in section 221(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 the purposes of this section, in accordance with any applicable provision in regulations under subsection (1), by [F47 a Local Healthwatch organisation or a Local Healthwatch contractor].

[F48 (5A) In this section—

• “Local Healthwatch arrangements” has the meaning given by section 222;

• “Local Healthwatch contractor” has the meaning given by section 223.]

F49 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In this section “services-provider” means—

(a) a National Health Service trust;

(b) an NHS foundation trust;

F50 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) a local authority; or

(e) a person prescribed by regulations made by the Secretary of State.

Textual Amendments

F44 S. 225 title substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 186(11), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F45 Words in s. 225(2)(f) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 186(7), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F46 Words in s. 225(4)(a) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 186(8), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F47 Words in s. 225(5) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 186(7), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F48 S. 225(5A) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 186(9), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F49 S. 225(6) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 186(10), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F50 S. 225(7)(c) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 151; S.I. 2013/160, art. 2(2) (with arts. 7-9)

Commencement Information

I5 S. 225 in force at 31.1.2008 by S.I. 2008/172, art. 2(1)(r)

226 [F51 Referrals of social care matters] E+W

(1) Subsections (2) to (5) apply where [F52 a Local Healthwatch organisation or a Local Healthwatch contractor] refers a matter relating to social care services to an overview and scrutiny committee of a local authority.

(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 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, must take into account any relevant information provided by [F53 a Local Healthwatch organisation or a Local Healthwatch contractor].

(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.

[F54 (7) For the purposes of this section, something is done by a Local Healthwatch organisation if it is done by that organisation in the carrying-on, under arrangements made under section 221(1), of activities specified in section 221(2).

(7A) For the purposes of this section, something is done by a Local Healthwatch contractor if it is done by that contractor in the carrying-on, under Local Healthwatch arrangements, of activities specified in section 221(2).]

(8) In this section—

• [F55 “Local Healthwatch arrangements” has the meaning given by section 222;

• “Local Healthwatch contractor” has the meaning given by section 223;]

• “overview and scrutiny committee”—

  (a)

  in relation to a local authority which under Part 2 of the Local 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-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 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 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).

Textual Amendments

F51 S. 226 title substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 186(16), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F52 Words in s. 226(1) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 186(13), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F53 Words in s. 226(5) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 186(13), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F54 S. 226(7)(7A) substituted for s. 226(7) (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 186(14), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F55 Words in s. 226(8) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 186(15), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Commencement Information

I6 S. 226(1)-(5)(7)(8) in force at 1.4.2008 by S.I. 2008/461, art. 2(3), Sch.

I7 S. 226(6) in force at 21.2.2008 by S.I. 2008/461, art. 2(1)(c)

227 [F56 Local Healthwatch organisations: annual reports] E+W

(1) Subsection (2) has effect for the purposes of section 222(7).

(2) In relation to any arrangements made under section 221(1)F57 ..., the “required provision about annual reports” is—

(a) provision—

(i) requiringF58 ... the preparation by [F59 the Local Healthwatch organisation] for each financial year of a report in relation to the activities of [F60 the organisation] in the year (so far as they are activities specified in section 221(2) for the local authority's area and carried on [F61 under the arrangements or arrangements made] in pursuance of the arrangements);

F62 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F63 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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—

(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

(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; [F64 and]

(b) that the reportF65 ... includes—

(i) details of the amounts spent by [F66 the Local Healthwatch organisation in its capacity as such, and the amounts spent by its Local Healthwatch contractors in their capacity as such,] in the year concerned; and

(ii) details of what those amounts were spent on; F67 ...

F67 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The persons referred to in subsection (2)(d)(ii) are—

(a) the local authority;

[F68 (aa) the National Health Service Commissioning Board;

(ab) each clinical commissioning group, whose area or any part of whose area falls within the area of the local authority;]

F69 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) any overview and scrutiny committee of the local authority that is within subsection (5);

[F70 (ca) the Care Quality Commission;]

[F71 (cb) the Healthwatch England committee of the Care Quality Commission;]

(d) F72 ... and

(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) F73 ...if any activities of [F74 the Local Healthwatch organisation] (so far as they are activities specified in section 221(2) and carried on [F75 under the arrangements made under section 221(1) or arrangements made] in pursuance of the arrangements) are relevant to the functions of the committee; F76 ...

F76 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F77 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F77 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F77 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) In this section—

• “financial year” means a period of 12 months ending with 31st March;

• [F78 “Local Healthwatch contractor” has the meaning given by section 223;]

• “overview and scrutiny committee” has the meaning given by section 226(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 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.

Textual Amendments

F56 S. 227 title substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 187(9), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F57 Words in s. 227(2) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 187(2), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F58 Words in s. 227(2)(a)(i) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 187(3)(a)(i), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F59 Words in s. 227(2)(a)(i) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 187(3)(a)(ii), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F60 Words in s. 227(2)(a)(i) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 187(3)(a)(iii), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F61 Words in s. 227(2)(a)(i) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 187(3)(a)(iv), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F62 S. 227(2)(a)(ii) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 187(3)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F63 S. 227(2)(iii) and preceding word omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 187(3)(c), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F64 Word in s. 227(3)(a) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 187(4)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F65 Words in s. 227(3)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 187(4)(b)(i), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F66 Words in s. 227(3)(b)(i) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 187(4)(b)(ii), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F67 S. 227(3)(c) and preceding word omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 187(4)(c), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F68 S. 227(4)(aa)(ab) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 187(5)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F69 Words in s. 227(4)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 152(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F70 S. 227(4)(ca) inserted (1.10.2008) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 94; S.I. 2008/2497, art. 2(q)(x)

F71 S. 227(4)(cb) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 187(5)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F72 S. 227(4)(d) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 187(5)(c), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F73 Words in s. 227(5)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 187(6)(a)(i), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F74 Words in s. 227(5)(a) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 187(6)(a)(ii), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F75 Words in s. 227(5)(a) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 187(6)(a)(iii), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F76 S. 227(5)(b) and preceding word omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 187(6)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F77 S. 227(6)-(8) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 187(7), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F78 Words in s. 227(9) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 187(8), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Commencement Information

I8 S. 227 in force at 1.4.2008 in so far as not already in force by S.I. 2008/461, art. 2(3), Sch.

I9 S. 227 in force at 10.3.2010 for specified purposes by S.I. 2008/461, art. 2(2)

F79 228 Transitional arrangements E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F79 S. 228 omitted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by virtue of Health and Social Care Act 2012 (c. 7), ss. 188(10), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

229 Sections 221 to 228: interpretation and supplementary E+W

(1) For the purposes of sections 221 to 228, each of the following is a “local 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;

(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 221 to 228 includes power to make incidental, supplementary, consequential, transitory or transitional provision or savings.

Commencement Information

I10 S. 229 in force at 31.1.2008 by S.I. 2008/172, art. 2(1)(s)