Part 14Patient and public involvement in health and social care
F8Local arrangements
I1222F7Local Healthwatch organisations
1
This section applies in relation to any particular arrangements made under section 221(1) by a local authority (“A”).
F12
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
F3None 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; F9or
F14ca
an integrated care board;
F10d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F123A
The arrangements must not be made with F13NHS England.
F44
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 F13NHS England.
F55
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).
F67A
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).
F28
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.
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)