Local Government and Public Involvement in Health Act 2007

226 Local involvement networks: referrals of social care matters

(1) Subsections (2) to (5) apply where a local involvement network 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 a local involvement network.

(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.

(7) For the purposes of this section, something is done by a local involvement network if—

(a) it is done by a person who, in pursuance of arrangements made under section 221(1), is to carry on activities specified in section 221(2); and

(b) it is done by that person in the carrying-on, under those arrangements, of activities so specified.

(8) In this section—

• “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).