Legalize / United Kingdom / Public General Act

Local Government and Public Involvement in Health Act 2007

Type Public General Act

Publication 2007-10-30

Last updated 2024-03-21

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(7) Personal data processed for the purpose of discharging any function which is conferred by or under Part 3 of the Local Government Act 2000 on— (a) the monitoring officer of a relevant authority, (b) an ethical standards officer, or (c) the Public Services Ombudsman for Wales, are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of that function. (8) In subsection (7)— (a) “relevant authority” has the meaning given by section 49(6) of the Local Government Act 2000, and (b) any reference to the monitoring officer of a relevant authority, or to an ethical standards officer, has the same meaning as in Part 3 of that Act.

Supplementary and consequential provision

201

(1) Subsection (2) applies in relation to any provision of Part 3 of the Local Government Act 2000 (c. 22) which is applied (with or without modifications) by an order under section 70 of that Act made before the passing of this Act.

(2) Any amendment of that provision by this Part does not extend to the provision as so applied.

(3) Where a provision mentioned in section 70(2)(a) of that Act is amended by this Part, the power in section 70(2) of that Act to apply or reproduce that provision (with or without modifications) is a power to apply or reproduce (with or without modifications) that provision either as amended by this Part or without the amendments made by this Part.

(4) In the Local Government Act 1972 (c. 70)—

(a) in section 85(3A) (vacation of office by failure to attend), for “73, 78” substitute “ 66A, 73, 78, 78A ”;

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

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In the Greater London Authority Act 1999 (c. 29), in each of sections 6(5) and 13(2) (failure to attend meetings), for “73, 78” substitute “ 66A, 73, 78, 78A ”.

Chapter 2 — Employees

Politically restricted posts: grant and supervision of exemptions

202

(1) In section 3 of the Local Government and Housing Act 1989 (c. 42) (grant and supervision of exemptions from political restriction of posts)—

(a) at the end of the sidenote, insert “ : Scotland and Wales ”;

(b) in subsection (1) for the words “It shall be the duty of the Secretary of State to appoint a person” substitute “ It shall be the duty of the Scottish Ministers to appoint in relation to Scotland, and the duty of the Welsh Ministers to appoint in relation to Wales, a person ”;

(d) in subsection (8)(b), for “that subsection” substitute “ subsection (1) ”.

(2) After that section insert—

(3A) (1) The standards committee of a local authority in England which is a relevant authority— (a) must consider any application for exemption from political restriction which is made to the committee, in respect of any post under the relevant authority, by the holder for the time being of that post; and (b) may, on the application of any person or otherwise, give directions to the relevant authority requiring it to include a post in the list maintained by the authority under section 2(2). (2) An application may not be made under subsection (1)(a) unless— (a) the relevant authority have specified or are proposing to specify the post in the list maintained by them under section 2(2); and (b) in the case of a post within section 2(2)(a) or (b), the relevant authority have certified whether or not, in their opinion, the duties of the post fall within section 2(3); and the relevant authority must give a certificate for the purposes of paragraph (b) above in relation to any post if requested to do so by the holder of that post. (3) If, on an application under subsection (1)(a) in respect of any post, the standards committee is satisfied that the duties of the post do not fall within section 2(3), the committee must direct— (a) that, for so long as the direction has effect in accordance with its terms, the post is not to be regarded as a politically restricted post; and (b) that accordingly the post is not to be specified in the list maintained by the relevant authority under section 2(2) or (as the case may be) is to be removed from that list. (4) A standards committee may not give a direction under subsection (1)(b) in respect of any post unless the committee is satisfied that— (a) the duties of the post fall within section 2(3); and (b) the post is neither— (i) in any list maintained by the relevant authority in accordance with section 2(2) above or section 100G(2) of the Local Government Act 1972; nor (ii) of a description specified in any regulations under section 2(2) above. (5) A standards committee must when determining for the purposes of subsection (3) or (4) whether or not the duties of a post fall within section 2(3) have regard to any general advice given by the Secretary of State under section 3B. (6) Every local authority in England which is a relevant authority must— (a) give its standards committee all such information as the committee may reasonably require for the purpose of carrying out its functions under this section; (b) comply with any direction under this section with respect to the list maintained by the authority; and (c) on being given a direction under subsection (1)(b), notify the terms of the direction to the person who holds the post to which the direction relates. (7) In carrying out its functions under this section a standards committee must give priority, according to the time available before the election, to any application under subsection (1)(a) from a person who certifies that the application is made for the purpose of enabling him to be a candidate in a forthcoming election. (8) The Secretary of State may make regulations requiring a local authority in England which is not a relevant authority to establish a committee to exercise the functions conferred by this section on the standards committee of a local authority in England which is a relevant authority. (9) Regulations under subsection (8) may include provision— (a) applying any provisions of this section (with or without modification) where a committee has been established under the regulations; (b) applying (with or without modification) any provision of section 53 of the Local Government Act 2000 or regulations made under subsection (6) of that section. (10) In this section— - “standards committee” means a committee established under section 53(1) of the Local Government Act 2000; - “relevant authority” has the meaning given by section 49(6) of that Act. (3B) (1) The Secretary of State may in relation to England give such general advice with respect to the determination of questions arising by virtue of section 2(3) as he considers appropriate. (2) Before giving general advice under this section the Secretary of State must consult such representatives of local government and such organisations appearing to him to represent employees in local government as he considers appropriate.

Politically restricted posts: consequential amendments

203

(1) In section 2 of the Local Government and Housing Act 1989 (c. 42) (politically restricted posts)—

(a) in subsections (1)(g) and (2) after “section 3” insert “ or 3A ”;

(b) in subsection (5) after “local authority” insert “ in Scotland and Wales ”;

(5A) It shall be the duty of every local authority in England in performing their duties under this section to have regard to such general advice as may be given by virtue of section 3B below by the Secretary of State.

(2) In Schedule 7 to the Environment Act 1995 (c. 25) (national park authorities), in paragraph 7(4) for “3” substitute “ 3A ”.

(3) In the Greater London Authority Act 1999 (c. 29) —

(a) in section 61(2)(a) (power to require attendance at Assembly meetings) for “to 3” substitute “ , 2 and 3A ”;

(b) in section 68(1)(b) (disqualification and political restriction) for “and 3” substitute “ and 3A ”;

Political assistants' pay

204

In section 9 of the Local Government and Housing Act 1989, after subsection (4) insert—

(4A) An order made under subsection (4)(a) above in relation to England or Wales may, instead of specifying an amount, specify a point on a relevant scale specified by the order. (4B) A “relevant scale” is a scale consisting of points and of amounts corresponding to those points. (4C) In relation to any time while an order made by virtue of subsection (4A) above is in force, the amount that at that time corresponds to the point specified by the order is to be treated for the purposes of subsection (4)(a) above as specified by the order.

Part 11 — Joint Waste Authorities

Proposals for joint waste authorities in England

205

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Consultation

206

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Implementation of proposals by order

207

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Membership of joint waste authorities

208

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Consequential amendments

209

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Joint waste authorities in Wales

210

(1) The Welsh Ministers may by order make provision in relation to Wales applying any provisions of sections 205 to 208 with—

(a) the substitution for references to the Secretary of State of references to the Welsh Ministers; and

(b) such other modifications as they consider appropriate.

(2) An order under this section may include incidental, consequential or supplementary provision, including provision amending or modifying—

(a) any enactment;

(b) any instrument made under an enactment.

(3) The reference in subsection (1) to any provisions of sections 205 to 208 includes a reference to any provisions of Part 17 so far as relating to any of those sections.

Interpretation

211

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Part 12 — Entities controlled etc by local authorities

Entities controlled etc by local authorities

212

(1) An order under this section is an order which requires, prohibits or regulates the taking of specified actions by entities connected with a local authority.

(2) The Secretary of State may make an order under this section in relation to—

(a) all English local authorities;

(b) English local authorities of particular descriptions;

(3) The Welsh Ministers may make an order under this section in relation to—

(a) all Welsh local authorities;

(b) Welsh local authorities of particular descriptions;

(4) An order under this section may also include provision which requires, prohibits or regulates—

(a) the taking of specified actions by a local authority in relation to entities connected with the local authority;

(b) the taking of specified actions by members or officers of a local authority who are qualifying persons.

(5) An order under this section may make provision in relation to—

(a) every entity connected with a local authority;

(b) such entities of a particular description.

(6) For the purposes of this section an entity (“E”) is “connected with” a local authority at any time if—

(a) it is an entity other than the local authority; and

(b) according to proper practices in force at that time, financial information about E must be included in the local authority's statement of accounts for the financial year in which that time falls.

(7) In this section—

“actions” includes courses of action;

“English local authority” means a local authority in England , and includes a local authority which exercises functions in relation to an area which is partly in England and partly in Wales;

“entity” means any entity, whether or not a legal person;

“financial year” means a period for which— a statement of accounts of the local authority must be prepared by reason of section 3 of the Local Audit and Accountability Act 2014, oraccounts of the local authority must be prepared by reason of section 13 of the Public Audit (Wales) Act 2004;

“local authority” means any body which—is a local authority for the purposes of section 21 of the Local Government Act 2003 (c. 26) (see subsection (6) of that section and section 23 of that Act), apart from a police and crime commissioner but including a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021; and in the case of a body in Wales, is required to prepare statements of accounts by regulations made under section 39 of the Public Audit (Wales) Act 2004;

“qualifying person” means a person who—is authorised to represent the local authority at meetings of an entity that is connected with the local authority; oris a member or director of such an entity or the holder of any other specified position in relation to such an entity;

“specified” means specified, or of a description specified, by the order;

“Welsh local authority” means a local authority in Wales.

Trusts

213

(1) In this section a “relevant trust” means a trust connected with a local authority.

(2) An order under section 212 may include provision which requires, prohibits or regulates—

(a) the taking of specified actions by the trustees of a relevant trust;

(b) the taking of specified actions by a local authority in relation to the trustees of trusts connected with that local authority;

(c) the taking of specified actions by a member or officer of a local authority who is a trustee of a trust connected with that local authority.

(3) Provision included in an order by virtue of this section may relate to—

(a) the trustees of every relevant trust;

(b) the trustees of relevant trusts of a particular description.

(4) For the purposes of this section a trust (“T”) is “connected with” a local authority at any time if, according to proper practices in force at that time, financial information about T must be included in the local authority's statement of accounts for the financial year in which that time falls.

(5) In this section the following have the same meaning as in section 212—

“actions”;

“financial year”;

“local authority”;

“specified”.

Further provision about orders

214

(1) An order under section 212 made by the Welsh Ministers may make provision requiring an entity, a Welsh local authority or trustees to obtain the consent of the Auditor General for Wales before taking any particular actions.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The provision that may be included in an order by virtue of section 212(4)(a) includes in particular provision—

(a) requiring a local authority to make arrangements for enabling questions about an entity's activities to be put to members or officers of the authority who are qualifying persons;

(b) prohibiting a local authority from taking action (including refraining from exercising a right) which would have the result that a person of a specified description becomes a qualifying person;

(c) requiring a local authority to ensure so far as practicable that entities comply with provisions of the order applicable to them.

(4) The provision that may be included in an order by virtue of section 213(2)(b) includes in particular provision—

(a) requiring a local authority to make arrangements for enabling questions about a trust connected with the authority to be put to members or officers of the authority who are trustees;

(b) prohibiting a local authority from taking action (including refraining from exercising a right) which would have the result that a person of a specified description becomes a trustee of a trust connected with the authority;

(c) requiring a local authority to ensure so far as practicable that trustees comply with provisions of the order applicable to them.

(5) Nothing in subsections (1) to (4) affects the generality of section 212(1) or (4) or 213(2).

(6) Where an order under section 212—

(a) makes provision in relation to entities of a particular description, or

(b) makes provision in relation to the trustees of trusts of a particular description,

it may provide for any expression used in identifying that description of entity or trust to have the meaning for the time being given by a relevant document identified by the order.

(7) In subsection (6) “relevant document”—

(a) means a document that (at the time the power under subsection (6) is exercised) is a document identified for the purposes of section 21(2)(b) of the Local Government Act 2003 (c. 26) by regulations made under that provision; and

(b) includes a document so identified by virtue of section 21(5) of that Act (documents not yet existing).

(8) An order under section 212 may include incidental, consequential, transitional or supplementary provision.

(9) In this section the following have the same meaning as in section 212—

“actions”;

“entity”;

“local authority”;

“qualifying person”;

Welsh local authority;

and references to a trust connected with a local authority have the same meaning as in section 213.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exemptions from orders

215

(1) The appropriate authority may give a direction exempting—

(a) a particular entity, or entities of a particular description, or

(b) the trustees of a particular trust, or of trusts of a particular description,

from an order under section 212 or specified provisions of such an order.

(2) A direction under this section may provide for an exemption to have effect—

(a) for a specified period; or

(b) subject to specified conditions.

(3) A direction under this section may be varied or revoked by a subsequent direction of the appropriate authority.

(4) In this section “the appropriate authority” means—

(a) in relation to an order made by the Secretary of State, the Secretary of State;

(b) in relation to an order made by the Welsh Ministers, the Welsh Ministers.

(5) In this section—

“entity” has the same meaning as in section 212;

“specified” means specified by the direction.

Consequential amendments

216

(1) Omit Part 5 of the Local Government and Housing Act 1989 (c. 42).

(2) Schedule 14 (other consequential amendments) has effect.

(3) Subsection (4) applies where by virtue of section 14 of the Interpretation Act 1978 (c. 30) (implied power to amend) any subordinate legislation is amended in consequence of the repeal of Part 5 of the Local Government and Housing Act 1989.

(4) Any provision inserted or substituted by the amendment may provide for an expression used in such provision to have the meaning for the time being given by a relevant document identified by such provision.

(5) In subsection (4) “relevant document”—

(a) means a document that (at the time the power under subsection (4) is exercised) is a document identified for the purposes of section 21(2)(b) of the Local Government Act 2003 (c. 26) by regulations made under that provision; and

(b) includes a document so identified by virtue of section 21(5) of that Act (documents not yet existing).

Definition of certain terms in amended enactments: England

217

(1) The Secretary of State may by order under this section—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) define for the purposes of section 80(1)(aa) of the Local Government Act 1972 (c. 70) the reference in that provision to “an entity under the control of” the authority mentioned there;

(c) define, for the purposes of sections 98(8)(d) and 100(1)(a) of the Local Government, Planning and Land Act 1980 (c. 65), the references in each of those provisions to—

(i) “an entity under the control of” the body mentioned there;

(ii) “an entity subject to the influence of” that body; and

(iii) “an entity jointly controlled by” that body and one or more other bodies;

(d) define for the purposes of paragraph 7(2) of Schedule 7 to the Environment Act 1995 (c. 25) the reference in that provision to “an entity under the control of” the authority mentioned there;

(e) define for the purposes of section 18(2)(b) of the Local Government Act 2003 (c. 26) the references in that provision to—

(i) “an entity under the control of” and “a trust under the control of” an authority or Executive mentioned there;

(ii) “an entity subject to the influence of” and “a trust subject to the influence of” such an authority or Executive; and

(iii) “an entity jointly controlled by bodies that include” and “a trust jointly controlled by bodies that include” such an authority or Executive.

(2) Any reference in subsection (1) to the purposes of a provision of—

the Local Government Act 1972 (c. 70),

the Local Government, Planning and Land Act 1980,

the Environment Act 1995, or

the Local Government Act 2003,

is a reference to the purposes of that provision as it applies in relation to England.

(3) An order under this section may provide for any expression used by it to have the meaning for the time being given by a relevant document identified by the order.

(4) In subsection (3) “relevant document”—

(a) means a document that (at the time the power under subsection (3) is exercised) is a document identified for the purposes of section 21(2)(b) of the Local Government Act 2003 by regulations made under that provision; and

(b) includes a document so identified by virtue of section 21(5) of that Act (documents not yet existing).

Definition of certain terms in amended enactments: Wales

218

(1) The Welsh Ministers may by order under this section—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) define, for the purposes of sections 98(8)(d) and 100(1)(a) of the Local Government, Planning and Land Act 1980, the references in each of those provisions to—

(i) “an entity under the control of” the body mentioned there;

(ii) “an entity subject to the influence of” that body; and

(iii) “an entity jointly controlled by” that body and one or more other bodies;

(c) define for the purposes of paragraph 7(2) of Schedule 7 to the Environment Act 1995 (c. 25) the reference in that provision to “an entity under the control of” the authority mentioned there;

(d) define for the purposes of section 18(2)(b) of the Local Government Act 2003 (c. 26) the references in that provision to—

(i) “an entity under the control of” and “a trust under the control of” an authority mentioned there;

(ii) “an entity subject to the influence of” and “a trust subject to the influence of” such an authority; and

(iii) “an entity jointly controlled by bodies that include” and “a trust jointly controlled by bodies that include” such an authority;

(e) define “an entity under the control of a local authority” for the purposes of section 48(3) of the Public Audit (Wales) Act 2004 (c. 23).

(2) Any reference in subsection (1) to the purposes of a provision of—

the Local Government, Planning and Land Act 1980 (c. 65),

the Environment Act 1995, or

the Local Government Act 2003,

is a reference to the purposes of that provision as it applies in relation to Wales.

(3) An order under this section may provide for any expression used by it to have the meaning for the time being given by a relevant document identified by the order.

(4) In subsection (3) “relevant document”—

(a) means a document that (at the time the power under subsection (3) is exercised) is a document identified for the purposes of section 21(2)(b) of the Local Government Act 2003 by regulations made under that provision; and

(b) includes a document so identified by virtue of section 21(5) of that Act (documents not yet existing).

Part 13 — The Valuation Tribunal for England

Establishment of the Tribunal

219

(1) Schedule 15 (which establishes the Valuation Tribunal for England, and makes consequential provision) has effect.

(2) The existing English tribunals are abolished.

(3) In this Part “existing English tribunals” means the valuation tribunals established in relation to England by regulations under Schedule 11 to the Local Government Finance Act 1988 (c. 41) which are in existence immediately before the transfer of jurisdiction takes place.

(4) The transfer of jurisdiction is the transfer made by paragraph A2 of Schedule 11 to the Local Government Finance Act 1988 (as inserted by Schedule 15 to this Act).

Consequential and transitional provision etc

220

(1) Schedule 16 (consequential amendments relating to the creation of the Valuation Tribunal for England) has effect.

(2) The Secretary of State may by regulations make provision (including transitional, saving or transitory provision)—

(a) for the purposes of supplementing or giving full effect to this Part; or

(b) in consequence of this Part.

(3) The provision that may be made under subsection (2) includes provision—

(a) for members of the existing English tribunals to become members of the Valuation Tribunal for England;

(b) to enable the Valuation Tribunal for England to deal with any appeals already made to the existing English tribunals (including provision about which members of the Tribunal are to deal with any such appeal);

(c) for subordinate legislation made under Schedule 11 to the Local Government Finance Act 1988 (c. 41) before its amendment by this Act to be treated as if made under that Schedule as amended by this Act;

(d) modifying subordinate legislation which is subject to provision under paragraph (c);

(e) for members of the Valuation Tribunal for England to be appointed otherwise than in accordance in Part 4 of the Constitutional Reform Act 2005 (c. 4);

(f) amending or repealing any enactment passed before or in the same session as this Act;

(g) amending or revoking subordinate legislation made before the passing of this Act.

(4) Subsection (2) is without prejudice to sections 243 and 245(6)(b).

Local arrangements

221

(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 local people in the commissioning, provision and scrutiny of local care services;

(b) enabling 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;

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

(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) and (f) are—

(a) the standard of provision of local care services;

(b) whether, and how, local care services could be improved;

(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.

(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—services provided as part of the health service in England; orservices provided as part of the social services functions of a local authority;

“local care services”, in relation to a local authority, means—care services provided in the authority's area; andcare services provided, in any place, for people from the area;

“local people”, in relation to a local authority, means— people who live in the local authority's area,people to whom care services are being or may be provided in that area,people from that area to whom care services are being provided in any place, andwho 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).

Arrangements under section 221(1)

222

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

(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) None of the following is capable of being a Local Healthwatch organisation—

(a) a local authority;

(b) a National Health Service trust;

(ca) an integrated care board;

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

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

(3A) The arrangements must not be made with NHS England.

(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 NHS England.

(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).

(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).

(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.

Arrangements: power to make further provision

223

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

(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 ... 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 ... 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 ... 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 ... a Local Healthwatch organisation or a Local Healthwatch contractor of any provision of the arrangements.;

(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.

(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—

“care services” has the meaning given by section 221;

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

“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.;

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

Duties of services-providers to respond to local involvement networks

224

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

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

(b) as respects dealing with reports or recommendations made to the responsible person by 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 responsible person by another responsible person.

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

(za) NHS England;

(zb) an integrated care board;

(a) a National Health Service trust;

(b) an NHS foundation trust;

(d) a local authority; or

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

(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.

(5) In this section—

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

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

Duties of services-providers to allow entry by local involvement networks

225

(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;

(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 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;

(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) 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 a Local Healthwatch organisation or a Local Healthwatch contractor.

(5A) In this section—

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

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

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

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

(a) a National Health Service trust;

(b) an NHS foundation trust;

(d) a local authority; or

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

226

(1) Subsections (2) to (5) apply where 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 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.

(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—

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

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

“overview and scrutiny committee”—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;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;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); andin 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).

Local involvement networks: annual reports

227

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

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

(a) provision—

(i) requiring... the preparation by the Local Healthwatch organisation for each financial year of a report in relation to the activities of 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 under the arrangements or arrangements made in pursuance of the arrangements);

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

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

(b) provision requiring that each such report must comply with the requirements mentioned in subsection (3);

(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; and

(b) that the report... includes—

(i) details of the amounts spent by 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; ...

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

(a) the local authority;

(aa) NHS England;

(ab) each integrated care board, whose area or any part of whose area falls within the area of the local authority;

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

(ca) the Care Quality Commission;

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

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

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

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

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

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

(9) In this section—

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

“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.

Transitional arrangements

228

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

Sections 221 to 228: interpretation and supplementary

229

(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;

(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.

Abolition of Patients' Forums etc

Abolition of functions of Patients' Forums

230

(1) The following provisions of the 2006 Act are omitted—

sections 237(3) to (9) and 238 (functions of Patients' Forums);

section 239 (power to confer rights of entry on members of Patients' Forums); and

section 241(3) and (4) (regulations about membership of Patients' Forums).

(2) If subsection (1) comes into force on a day other than 1st April—

(a) section 240 of the 2006 Act (a Patients' Forum must prepare an annual report for each financial year), and regulation 4 of the Functions Regulations (a Patients' Forum must prepare annual accounts for each financial year), shall have effect as if the final reporting period of a Patients' Forum were a financial year; and

(b) regulation 4(3) of the Functions Regulations (accounts for a financial year to be copied to the Commission no later than 31st May after end of year) shall have effect in relation to the final reporting period of a Patients' Forum as if for “31st May” there were substituted “ two months ”.

(3) A Patients' Forum, in its report under section 240 of the 2006 Act for its final reporting period, must (in particular) include details of anything being done by the Patients' Forum that was still in progress when subsection (1) came into force.

(4) Section 240 of the 2006 Act does not require a Patients' Forum to prepare a report, and regulation 4 of the Functions Regulations does not require a Patients' Forum to prepare annual accounts, in relation to any time after the end of its final reporting period.

(5) In subsections (2) to (4) “final reporting period”, in relation to a Patients' Forum, means the period—

(a) ending with the coming into force of subsection (1); and

(b) beginning with the preceding 1st April.

(6) In this section—

“the 2006 Act” means the National Health Service Act 2006 (c. 41);

“the Functions Regulations” means the Patients' Forums (Functions) Regulations 2003 (S.I. 2003/2124).

Abolition of Patients' Forums

231

(1) The following provisions of the National Health Service Act 2006 are omitted—

section 237(1) and (2) (establishment of Patients' Forums and appointment of their members);

section 240 (Patients' Forums: annual reports); and

section 241(1) and (2) (power to make further provision about Patients' Forums).

(2) The property, rights and liabilities of each Patients' Forum are by virtue of this subsection transferred to the Secretary of State for Health (including any property, rights and liabilities that would not otherwise be capable of being transferred).

(3) Any legal proceedings relating to anything transferred under subsection (2) may be continued by or in relation to the Secretary of State for Health.

Abolition of Commission for Patient and Public Involvement in Health

232

(1) The following provisions of the 2006 Act are omitted—

section 243 (establishment and functions of the Commission); and

Schedule 16 (further provision about the Commission).

(2) The property, rights and liabilities of the Commission are by virtue of this subsection transferred to the Secretary of State for Health (including any property, rights and liabilities that would not otherwise be capable of being transferred).

(3) Any legal proceedings relating to anything transferred under subsection (2) may be continued by or in relation to the Secretary of State for Health.

(4) Subsection (5) applies if the Secretary of State is satisfied that the Commission has carried out, or has substantially carried out, its functions under section 243(5) of the 2006 Act (review by Commission of annual reports of Patients' Forums) in relation to the final reports of the Patients' Forums.

(5) The Secretary of State may fix the period that is to be the Commission's final reporting period for the purposes of paragraphs 11 and 12 of Schedule 16 to the 2006 Act (Commission's annual report and accounts) by notifying that period to—

(a) the Commission; and

(b) the Comptroller and Auditor General.

(6) Paragraphs 11 and 12 of Schedule 16 to the 2006 Act shall have effect as if the final reporting period notified under subsection (5) were a financial year.

(7) Paragraphs 11(2) and 12(1) of Schedule 16 to the 2006 Act do not require the Commission to prepare annual accounts and reports in respect of any time after the end of the final reporting period notified under subsection (5).

(8) The period notified under subsection (5)—

(a) must be a period beginning with 1st April in any year; and

(b) may be a period of, or longer or shorter than, 12 months.

(9) In this section—

“the 2006 Act” means the National Health Service Act 2006 (c. 41);

“the Commission” means the Commission for Patient and Public Involvement in Health.

Consultation about health services

Duty to involve users of health services

233

(1) Section 242 of the National Health Service Act 2006 (public involvement and consultation) is amended as mentioned in subsections (2) to (4) below.

(2) For subsection (1) (bodies to which section applies) substitute—

(1) This section applies to— (a) relevant English bodies, and (b) relevant Welsh bodies. (1A) In this section— - “relevant English body” means— 1. a Strategic Health Authority, 2. a Primary Care Trust, 3. an NHS trust that is not a relevant Welsh body, or 4. an NHS foundation trust; - “relevant Welsh body” means an NHS trust all or most of whose hospitals, establishments and facilities are in Wales. (1B) Each relevant English body must make arrangements, as respects health services for which it is responsible, which secure that users of those services, whether directly or through representatives, are involved (whether by being consulted or provided with information, or in other ways) in— (a) the planning of the provision of those services, (b) the development and consideration of proposals for changes in the way those services are provided, and (c) decisions to be made by that body affecting the operation of those services. (1C) Subsection (1B)(b) applies to a proposal only if implementation of the proposal would have an impact on— (a) the manner in which the services are delivered to users of those services, or (b) the range of health services available to those users. (1D) Subsection (1B)(c) applies to a decision only if implementation of the decision (if made) would have an impact on— (a) the manner in which the services are delivered to users of those services, or (b) the range of health services available to those users. (1E) The reference in each of subsections (1C)(a) and (1D)(a) to the delivery of services is to their delivery at the point when they are received by users. (1F) For the purposes of subsections (1B) to (1E), a person is a “user” of any health services if the person is someone to whom those services are being or may be provided. (1G) A relevant English body must have regard to any guidance given by the Secretary of State as to the discharge of the body's duty under subsection (1B). (1H) The guidance mentioned in subsection (1G) includes (in particular)— (a) guidance given by the Secretary of State as to when, or how often, involvement under arrangements under subsection (1B) is to be carried out; (b) guidance given by the Secretary of State as to the form to be taken by such involvement in any case specified by the guidance.

(3) In subsection (2) (each body to which section applies must make arrangements), for “body to which this section applies” substitute “ relevant Welsh body ”.

(4) In subsection (5) (directions about arrangements under subsection (2)), for “subsection (2)” substitute “ this section ”.

(5) After that section insert—

(242A) (1) The Secretary of State must by regulations require each Strategic Health Authority to make arrangements which secure that health service users are, directly or through representatives, involved (whether by being consulted or provided with information, or in other ways) in prescribed matters. (2) In this section “health service users” means persons to whom health services are being or may be provided in the area of the Strategic Health Authority. (3) A Strategic Health Authority must have regard to any guidance given by the Secretary of State as to the discharge of the authority's duty under regulations under this section. (4) The guidance mentioned in subsection (3) includes (in particular)— (a) guidance given by the Secretary of State as to when, or how often, involvement under arrangements under the regulations is to be carried out; (b) guidance given by the Secretary of State as to the form to be taken by such involvement in any case specified by the guidance. (5) Any duty of a Strategic Health Authority under regulations under this section is in addition to the authority's duty under section 242(1B). (242B) (1) The Secretary of State may make regulations enabling a Strategic Health Authority, in circumstances mentioned in subsection (2), to direct a Primary Care Trust that persons who would otherwise be involved in a particular matter under arrangements made by the Primary Care Trust under section 242 are not to be involved in that matter under those arrangements. (2) The circumstances referred to in subsection (1) are where the persons concerned are to be involved (whether by the Strategic Health Authority, by the Strategic Health Authority and the Primary Care Trust acting jointly, or otherwise) under arrangements made or to be made by the Strategic Health Authority. (3) Regulations under this section may include provision— (a) for the consequences of compliance with a direction, including provision that a Primary Care Trust is not to be taken to have failed to comply with its duty under section 242(1B) by reason of compliance with a direction, (b) enabling a direction to be given where involvement under arrangements made by the Primary Care Trust has already begun, and as to the provision that may be made by the direction in such a case, (c) requiring prescribed information to be provided by a Primary Care Trust to a Strategic Health Authority, (d) requiring prescribed information to be provided by a Strategic Health Authority to a Primary Care Trust, (e) enabling a Strategic Health Authority to direct a Primary Care Trust to act jointly with the Strategic Health Authority in carrying out involvement.

Reports on consultation

234

(1) In Chapter 1 of Part 2 of the National Health Service Act 2006 (c. 41) (Strategic Health Authorities), after section 17 insert—

(17A) (1) Each Strategic Health Authority must, at such times as the Secretary of State may direct, prepare a report— (a) on the consultation it has carried out, or proposes to carry out, before making commissioning decisions, and (b) on the influence that the results of consultation have on its commissioning decisions. (2) In subsection (1) “commissioning decisions”, in relation to a Strategic Health Authority, means (subject to any directions under subsection (5)(e)) decisions as to the carrying-out of functions exercisable by it for the purpose of securing, by arrangement with any person or body, the provision of services as part of the health service. (3) Each Strategic Health Authority must also, at such times as the Secretary of State may direct, prepare a report— (a) on any relevant consultation carried out by the authority, and (b) on the influence that the results of any relevant consultation have had on such matters as may be specified in the direction. (4) In subsection (3) “relevant consultation” means consultation in relation to matters specified by the direction under that subsection. (5) The Secretary of State may give directions as to— (a) the periods to be covered by reports under this section; (b) the matters to be dealt with by reports under this section; (c) the form and content of reports under this section; (d) the publication of reports under this section; (e) decisions that are to be treated as being, or that are to be treated as not being, commissioning decisions for the purposes of subsection (1).

(2) In Chapter 2 of Part 2 of the National Health Service Act 2006 (Primary Care Trusts), after section 24 insert—

(24A) (1) Each Primary Care Trust must, at such times as the Secretary of State may direct, prepare a report— (a) on the consultation carried out, or proposed to be carried out, before the making by the Primary Care Trust of commissioning decisions, and (b) on the influence that the results of consultation have on its commissioning decisions. (2) In subsection (1) “commissioning decisions”, in relation to a Primary Care Trust, means (subject to any directions under subsection (3)(e)) decisions as to the carrying out of its functions under Parts 4 to 7. (3) The Secretary of State may give directions as to— (a) the periods to be covered by reports under this section; (b) the matters to be dealt with by reports under this section; (c) the form and content of reports under this section; (d) the publication of reports under this section; (e) decisions that are to be treated as being, or that are to be treated as not being, commissioning decisions for the purposes of subsection (1).

Part 15 — Powers of National Assembly for Wales

Powers of National Assembly for Wales

235

Schedule 17 (powers of National Assembly for Wales) has effect.

Part 16 — Miscellaneous

Exercise of functions by members of local authorities in England

Exercise of functions by local councillors in England

236

(1) Arrangements may be made in accordance with this section for the discharge of any function of a local authority by a member of the authority, to the extent that the function is exercisable in relation to the electoral division or ward for which the member is elected.

(2) In the case of a function of a local authority operating executive arrangements which is the responsibility of the executive—

(a) it is for the senior executive member to make the arrangements; and

(b) arrangements under this section may not permit the discharge of the function by a member of the executive if it may be discharged by him by virtue of arrangements under section 14(2)(b)(ii) of the Local Government Act 2000 (c. 22) (discharge of functions: general).

(3) In any other case it is for the local authority to make the arrangements.

(4) No arrangements may be made under this section for the discharge by a member of a local authority of any function—

(a) which is, or to the extent that it is, specified in an order made by the Secretary of State; or

(b) in any manner or in circumstances so specified.

(5) Any arrangements made under this section with respect to the discharge of any function are not to prevent its discharge—

(a) by the person who made the arrangements; or

(b) in any other way in which the function is permitted to be discharged by or under any enactment.

(6) In this section, “local authority” means—

(a) the council of a county in England;

(b) a district council; or

(7) In this section—

“executive” and “executive arrangements” have the same meanings as in Part 2 of the Local Government Act 2000 (c. 22) (arrangements with respect to executives etc);

“senior executive member” has the same meaning as in section 14 of that Act;

and any reference to a function which is the responsibility of the executive of a local authority is to be construed in accordance with section 13(8) of that Act (functions which are the responsibility of an executive).

(8) Any reference in this section to the discharge of any function includes a reference to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of that function.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of functions under section 236: records

237

(1) After section 100E of the Local Government Act 1972 (c. 70) insert—

(100EA) (1) The Secretary of State may by regulations make provision for written records of decisions made or action taken by a member of a local authority, in exercise of a function of the authority by virtue of arrangements made under section 236 of the Local Government and Public Involvement in Health Act 2007, to be made and provided to the authority by the member. (2) Any written record provided to the authority under regulations under subsection (1) shall be open to inspection by members of the public at the offices of the authority for the period of six years beginning with the date on which the decision was made or action was taken. (3) A statutory instrument containing regulations under subsection (1) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2) In section 100H of that Act (supplemental provisions and offences), in subsection (4), for “or 100C(1)” substitute “ , 100C(1) or 100EA(2) ”.

(3) In section 41 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) (evidence of resolutions and minutes of proceedings etc)—

(a) in subsection (2A)(a), after “that authority,” insert “ or a member of that executive ”;

(b) in subsection (2A)(b), after “as the case may be,” insert “ by the member of that executive or ”;

(2B) Subsection (2C) applies to a record if— (a) it records a decision made or action taken by a member of a local authority or of a precursor of a local authority in exercise of a function of the authority or precursor by virtue of arrangements made under section 236 of the Local Government and Public Involvement in Health Act 2007, and (b) it is required to be made by regulations under section 100EA of the Local Government Act 1972. (2C) If a document which purports to be a copy of a record to which this subsection applies bears a certificate— (a) purporting to be signed by— (i) the proper officer of the local authority, or (ii) a person authorised in that behalf by that officer or by the local authority, and (b) stating that the decision was made or the action was taken by the member of the local authority on the date specified in the certificate, the document shall be evidence in any proceedings of the matters stated in the certificate and of the terms of the decision, or nature of the action, in question.

Accounting

Amendments relating to capital finance and accounting practices

238

(1) In section 74(6) of the Housing Act 1988 (c. 50) (transfer of land and other property to housing action trusts)—

(a) in subsection (a), for the words from “expenditure” to “local authorities)” substitute “ capital expenditure for the purposes of Chapter 1 of Part 1 of the Local Government Act 2003 (capital finance) ”;

(b) in subsection (b), for the words from “that Part” to the end substitute “ section 9(1) of that Act as sums received by the authority in respect of the disposal by it of an interest in a capital asset. ”

(2) In section 21 of the Local Government Act 2003 (c. 26) (accounting practices), after subsection (1) insert—

(1A) The Secretary of State may issue guidance about the accounting practices to be followed by a local authority, in particular with respect to the charging of expenditure to a revenue account. (1B) A local authority must have regard to any guidance issued to it under subsection (1A).

(3) In section 24 of that Act (application to Wales) for “National Assembly for Wales” substitute “ Welsh Ministers ”.

Contracting out

239

(1) In section 70 of the Deregulation and Contracting Out Act 1994 (c. 40) (contracting out of functions of local authorities)—

(a) in subsection (1)(b), for the words from “or section 38” to “local authorities)” substitute “ or an enactment mentioned in subsection (1ZA) below ”;

(b) after subsection (1) insert—

(1ZA) The enactments referred to in subsection (1)(b) above are— (a) paragraph 7 of Schedule 2 to the Regional Development Agencies Act 1998 (delegation of functions by London Development Agency etc); (b) section 38 or 380 of the Greater London Authority Act 1999 (delegation of functions exercisable by the Mayor of London); (c) paragraph 7 of Schedule 10 to that Act (delegation by Transport for London). (1ZB) In its application in relation to a local authority which is a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies, subsection (1) above has effect as if paragraph (b) were omitted.

(2) In section 79(1) of that Act (interpretation of Part 2), in the definition of “local authority”—

(a) in paragraph (a), for the words from “means” to the end substitute “ has the meaning given by section 79A; ”;

(b) in paragraph (b), for the words from “means” to the end substitute “ has the meaning given by section 79B; ”.

(3) After section 79 of that Act insert—

(79A) In this Part, “local authority” in relation to England means— (a) a county council; (b) a district council; (c) a London borough council; (d) the Greater London Authority acting through the Mayor of London; (e) the Common Council of the City of London; (f) the sub-treasurer of the Inner Temple; (g) the under treasurer of the Middle Temple; (h) the Council of the Isles of Scilly; (i) a parish council; (j) a National Park authority; (k) a functional body within the meaning of the Greater London Authority Act 1999; (l) an authority established under section 10 of the Local Government Act 1985 (waste disposal authorities); (m) a joint authority established by Part 4 of that Act (fire and rescue services and transport); (n) a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies; (o) a police authority established under section 3 of the Police Act 1996; (p) an authority established by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities); (q) any body specified for the purposes of this paragraph by regulations under section 79C. (79B) In this Part, “local authority” in relation to Wales means— (a) a county council; (b) a county borough council; (c) a community council; (d) a National Park authority; (e) a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the Town and Country Planning Act 1990; (f) a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies; (g) a police authority established under section 3 of the Police Act 1996; (h) any body specified for the purposes of this paragraph by regulations under section 79C. (79C) (1) The Secretary of State may by regulations made by statutory instrument specify for the purposes of section 79A(q) or 79B(h) any body which is (or any class of bodies each of which is)– (a) a levying body, within the meaning of section 74 of the Local Government Finance Act 1988; (b) a body to which section 75 of that Act applies (bodies with power to issue special levies); (c) a body to which section 118 of that Act applies (other bodies with levying powers); (d) a local precepting authority as defined in section 69 of the Local Government Finance Act 1992. (2) Regulations under subsection (1)— (a) may provide for this Part to have effect, in relation to a body specified under that subsection, subject to exceptions or modifications; (b) may contain transitional provisions and savings. (3) Any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) In Schedule 8 to the Environment Act 1995 (c. 25), omit paragraph 13 (application of contracting out to National Park authorities).

(5) In section 18 of the Local Government Act 1999 (c. 27) (best value authorities: contracting out)—

(a) in subsection (1) after “any” insert “ relevant ”;

(b) after subsection (2) insert—

(3) In this section “relevant best value authority” means a best value authority which is not a local authority for the purposes of section 70 of the Deregulation and Contracting Out Act 1994.

Part 17 — Final provisions

Orders, regulations and guidance

240

(1) Any order or regulations made by the Secretary of State under this Act must be made by statutory instrument.

(2) Any order made by the Local Government Boundary Commission for England under this Act must be made by statutory instrument.

(3) Any order made by the Welsh Ministers under section 210, 212, 218 or 245 must be made by statutory instrument.

(4) A statutory instrument containing an order made by the Welsh Ministers under section 210 or 218, other than an instrument to which subsection (5) applies, is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(5) A statutory instrument containing—

an order under section 210 which includes provision amending an enactment, or

an order made by the Welsh Ministers under section 212,

may not be made unless a draft of the order has been laid before and approved by a resolution of the National Assembly for Wales.

(6) A statutory instrument containing—

an order made by the Secretary of State under section 7, 10, 20, 29, 33, 38, 40 or 212 or paragraph 3, 9(4)(b) or 10(3)(b) of Schedule 4,

regulations under section 221, 224(2)(e) or 225,

an order under section 17... or 243 which includes provision—(a) amending or repealing an enactment, or(b) amending or revoking subordinate legislation of which a draft was required to be laid before and approved by a resolution of each House of Parliament, or

regulations under section 14 or 220 which include such provision,

may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(7) Any other statutory instrument under this Act, except one containing only—

(a) an order made by the Local Government Boundary Commission for England, or

(b) an order under section 245,

is subject to annulment in pursuance of a resolution of either House of Parliament.

(8) In relation to an order under section 243—

(a) the reference in subsection (6) above to an enactment includes an Act of the Scottish Parliament or Northern Ireland legislation; and

(b) the reference in that subsection to subordinate legislation of which a draft was required to be laid before and approved by a resolution of each House of Parliament includes an instrument of which a draft was required to be laid before and approved by a resolution of the Scottish Parliament.

(9) If, but for this subsection, an instrument containing an order under section 7 or 10 would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not a hybrid instrument.

(10) Any order or regulations made under this Act may make different provision for different cases.

(11) Any guidance issued under this Act may make different provision for different cases.

Repeals

241

The provisions specified in Schedule 18 (which include spent provisions) are repealed or revoked to the extent specified there.

Financial provisions

242

(1) There shall be paid out of money provided by Parliament—

(a) any expenditure incurred by the Secretary of State under this Act; and

(b) any increase attributable to this Act in sums payable out of money provided by Parliament under another enactment.

(2) The Secretary of State may pay to the Arts Council of England and the Museums, Libraries and Archives Council such sums as he may determine in respect of their expenses under or by virtue of this Act.

Power to make further amendments and repeals

243

(1) The Secretary of State may by order—

(a) amend or repeal any enactment passed before or in the same session as this Act;

(b) amend or revoke subordinate legislation made before the passing of this Act.

(2) In subsection (1)—

(a) “enactment” includes an Act of the Scottish Parliament and Northern Ireland legislation;

(b) the reference to subordinate legislation includes an instrument made under such an Act or under Northern Ireland legislation.

(3) An order under subsection (1) may be made only for the purposes of—

(a) supplementing or giving full effect to this Act; or

(b) making provision consequential on the passing of this Act.

Extent

244

(1) Subject to subsections (2) to (4), this Act extends to England and Wales only.

(2) Sections 243, 245 and 246 and this section extend also to Scotland and Northern Ireland.

(3) The extent of any amendment, repeal or revocation made by section 60, 202(1), 203, 209 or 239 or by Schedule 1, 2, 7, 8, 9, 12, 13, 16 or 17 or Part 1, 8, 9, 14, 17, 18 or 19 of Schedule 18 is the same as that of the provision amended, repealed or revoked.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commencement

245

(1) This section and sections 74(2), 240, 242, 244 and 246, and Part 3 of Schedule 4, come into force on the day on which this Act is passed.

(2) The following provisions come into force at the end of two months beginning with the day on which this Act is passed—

Part 2;

Part 3 (to the extent that it does not come into force in accordance with subsection (1));

Chapter 1 of Part 5 (except section 116), Part 5 of Schedule 18 and section 241 so far as relating to that Part of that Schedule;

sections 141, 142 and 143, the entry in Part 8 of Schedule 18 relating to section 29(3) of the Local Government Act 1999 (c. 27), and section 241 so far as relating to that entry;

sections 212 to 215, 216(3) to (5), 217 and 218;

section 235 and Schedule 17.

(3) The following provisions come into force in relation to Wales on such day as the Welsh Ministers may by order appoint—

section 126;

the entry in Part 6 of Schedule 18 relating to the Police and Justice Act 2006 (c. 48);

section 241 so far as relating to that entry.

(4) The following provisions, except so far as they relate to a police authority for a police area in Wales, come into force in relation to Wales on such day as the Welsh Ministers may by order appoint—

sections 137, 140 and 210;

the entries in Part 8 of Schedule 18 relating to sections 5, 6 and 28 of the Local Government Act 1999 and section 21 of the Local Government Act 2000 (c. 22);

section 241 so far as relating to those entries.

(5) Subject to subsections (1) to (4), this Act comes into force on such day as the Secretary of State may by order appoint.

(6) An order under this section—

(a) may appoint different days for different purposes;

(b) may include transitional, saving or transitory provision.

Short title

246

This Act may be cited as the Local Government and Public Involvement in Health Act 2007.

SCHEDULE 1

Part 1 — Amendments of Local Government Act 1992

1

The Local Government Act 1992 (c. 19) is amended in accordance with this Part of this Schedule.

2

In section 13 (reviews and recommendations), omit the following—

(a) subsections (1) and (2);

(b) subsection (7)(a).

3

In section 14 (changes that may be recommended), omit the following—

(a) in subsection (1)—

(i) paragraphs (a) and (b);

(ii) in paragraph (c), the words from “whether” to the end of the paragraph;

(iii) the words after paragraph (c);

(b) subsections (2), (3), (5), (6) and (7).

4

In section 15 (procedure on a review), omit subsection (7A)(a).

5

Omit section 16.

6

In section 17 (implementation of recommendations by order), omit the following—

(a) subsection (1);

(b) subsection (2)(a);

(i) the words “Subject to subsection (3A) below,”;

(ii) the words “Electoral Commission or of the”;

(iii) paragraphs (a), (b), (c), (ea), (g) and (h);

(iv) in paragraph (f), the words from the beginning to “district councillors,” and the words “and the order of retirement” and “for any parish situated in the district”;

(d) subsections (3A) and (3B);

(e) in subsection (4), the words “or in an agreement under section 20 below”;

(f) subsections (5) and (6).

7

Omit section 18.

8

In section 19 (regulations for supplementing orders), omit subsection (2).

9

Omit sections 20 to 22.

10

In section 26 (orders, regulations and directions), omit the following—

(a) in subsection (1)—

(i) paragraphs (a) and (b);

(ii) in paragraph (c), the words “or relates only to parishes”;

(b) subsection (2);

(d) in subsection (4) the words “order or”;

(e) subsection (5);

(f) in subsection (6)—

(i) the words “the Secretary of State is or”

(ii) the words “he or”;

(iii) the words “he thinks or”.

Part 2 — Other amendments

Local Government Act 1972 (c. 70)

11

(1) The Local Government Act 1972 is amended as follows.

(2) In section 6(2)(a) (electoral divisions of non-metropolitan county), after “1992” insert “ and section 12(4) of the Local Government and Public Involvement in Health Act 2007 ”.

(3) In section 12 (supplementary provision about orders to dissolve parish councils etc)—

(a) in subsection (2), for the words from “section 20” to the end substitute

section 16 of the Local Government and Public Involvement in Health Act 2007 (agreements about incidental matters) shall apply as if— (i) the reference in subsection (1) to an order under section 7 or 10 of that Act were to an order under section 10 or 11 of this Act; and (ii) the reference in subsection (5)(b) to any order or regulations under Chapter 1 of Part 1 of that Act were to an order under section 10 or 11 of this Act.

;

(b) in subsection (3), for “such order” substitute “ order under section 10 or 11 above ”.

(4) In Schedule 2 (constitution and membership of London borough councils), in paragraph 7, in each of sub-paragraphs (1)(b) and (2) after “1992” insert “ or Part 1 of the Local Government and Public Involvement in Health Act 2007 ”.

Race Relations Act 1976 (c. 74)

12

In Schedule 1A to the Race Relations Act 1976 (bodies and other persons subject to general statutory duty), in Part 1, omit paragraph 33.

Rent Act 1977 (c. 42)

13

In section 62(1) of the Rent Act 1977 (registration areas), after “1992” insert “ or Part 1 of the Local Government and Public Involvement in Health Act 2007 (orders constituting new local government areas etc) ”.

Interpretation Act 1978 (c. 30)

14

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Local Government and Public Involvement in Health Act 2007

Supplementary and consequential provision

201

Chapter 2 — Employees

Politically restricted posts: grant and supervision of exemptions

202

Politically restricted posts: consequential amendments

203

Political assistants' pay

204

Part 11 — Joint Waste Authorities

Proposals for joint waste authorities in England

205

Consultation

206

Implementation of proposals by order

207

Membership of joint waste authorities

208

Consequential amendments

209

Joint waste authorities in Wales

210

Interpretation

211

Part 12 — Entities controlled etc by local authorities

Entities controlled etc by local authorities

212

Trusts

213

Further provision about orders

214

Exemptions from orders

215

Consequential amendments

216

Definition of certain terms in amended enactments: England

217

Definition of certain terms in amended enactments: Wales

218

Part 13 — The Valuation Tribunal for England

Establishment of the Tribunal

219

Consequential and transitional provision etc

220

Part 14 — Patient and public involvement in health and social care

Local arrangements

Health services and social services: local involvement networks

221

Arrangements under section 221(1)

222

Arrangements: power to make further provision

223

Duties of services-providers to respond to local involvement networks

224

Duties of services-providers to allow entry by local involvement networks

225

Local involvement networks: referrals of social care matters

226

Local involvement networks: annual reports

227

Transitional arrangements

228

Sections 221 to 228: interpretation and supplementary

229

Abolition of Patients' Forums etc

Abolition of functions of Patients' Forums

230

Abolition of Patients' Forums

231

Abolition of Commission for Patient and Public Involvement in Health

232

Consultation about health services

Duty to involve users of health services

233

Reports on consultation

234

Part 15 — Powers of National Assembly for Wales

Powers of National Assembly for Wales

235