- Latest available (Revised)
- Point in Time (27/03/2015)
- Original (As enacted)
Point in time view as at 27/03/2015.
There are currently no known outstanding effects for the Local Government and Public Involvement in Health Act 2007, Section 223.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)The Secretary of State must make regulations which provide that arrangements made under section 221(1) (“local authority arrangements”) must [F1include prescribed provision].
[F2(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 [F3must 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 [F4a 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 [F5a Local Healthwatch organisation or a Local Healthwatch contractor] of money derived from the arrangements;
(d)prescribed provision relating to the consequences of contravention by [F5a Local Healthwatch organisation or a Local Healthwatch contractor] of any provision of the arrangements[F6;
(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.]
[F7(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—
[F8“care services” has the meaning given by section 221;]
F9...
[F10“Local Healthwatch arrangements” has the meaning given by section 222;]
[F11“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[F12;
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
F1Words 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)
F2S. 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)
F3Words 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)
F4Words 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)
F5Words 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)
F6S. 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)
F7S. 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)
F8Words 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)
F9Words 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)
F10Words 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)
F11Words 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)
F12Words 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
I1S. 223 in force at 21.2.2008 by S.I. 2008/461, art. 2(1)(a)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: