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- Point in Time (12/01/2010)
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Version Superseded: 10/03/2010
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(1)Subsection (2) has effect for the purposes of section 222(7).
(2)In relation to any arrangements made under section 221(1) by a local authority with another person (“H”), the “required provision about annual reports” is—
(a)provision—
(i)requiring, for each local involvement network, the preparation by the network for each financial year of a report in relation to the activities of the network in the year (so far as they are activities specified in section 221(2) for the local authority's area and carried on in pursuance of the arrangements);
(ii)requiring the preparation by H of any report that is required, under provision included in the arrangements in pursuance of sub-paragraph (i), to be prepared by a local involvement network but is not prepared by the network; and
(iii)requiring the preparation by H, for each non-networked financial year, of a report in relation to the non-networked activities;
(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;
(b)that the report, if it is a report required to be prepared by a local involvement network (even if actually prepared by H in compliance with provision included in the arrangements in pursuance of subsection (2)(a)(ii)), includes—
(i)details of the amounts spent by H in respect of the network in the year concerned; and
(ii)details of what those amounts were spent on; and
(c)that the report, if it is a report prepared by H in compliance with provision included in the arrangements in pursuance of subsection (2)(a)(iii), includes—
(i)details of the amounts spent by H in the year concerned in respect of the non-networked activities; and
(ii)details of what those amounts were spent on.
(4)The persons referred to in subsection (2)(d)(ii) are—
(a)the local authority;
(b)each Primary Care Trust, and each Strategic Health Authority, any part of whose area falls within the area of the local authority;
(c)any overview and scrutiny committee of the local authority that is within subsection (5);
[F1(ca)the Care Quality Commission;]
(d)the Secretary of State; 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)in the case of a report required to be prepared by a local involvement network (even if actually prepared by H in compliance with provision included in the arrangements in pursuance of subsection (2)(a)(ii)), if any activities of the network (so far as they are activities specified in section 221(2) and carried on in pursuance of the arrangements) are relevant to the functions of the committee; and
(b)in the case of a report prepared by H in compliance with provision included in the arrangements in pursuance of subsection (2)(a)(iii), if in the year concerned any of the non-networked activities are relevant to the functions of the committee.
(6)In subsections (2) to (5) “the non-networked activities” means the activities specified in section 221(2) for the authority's area so far as they—
(a)are activities for whose carrying-on in the authority's area the arrangements make provision; and
(b)are not, under the arrangements, activities whose carrying-on is within the remit of a local involvement network.
(7)For the purposes of subsection (2)(a)(iii), a financial year is “non-networked” if there is a time in the year when an activity falls (to any extent) within the definition of “the non-networked activities” given by subsection (6).
(8)In subsections (2) to (7), a reference to a “local involvement network” is to a person who, in pursuance of the arrangements, is to carry on in the local authority's area activities specified in section 221(2) for that area.
(9)In this section—
“financial year” means a period of 12 months ending with 31st March;
“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
F1S. 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)
Commencement Information
I1S. 227 in force at 1.4.2008 in so far as not already in force by S.I. 2008/461, art. 2(3), Sch.
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