Local Government and Public Involvement in Health Act 2007 (c. 28)

(The document as of February, 2008)

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(7) In subsection (6) a "joint waste authority" means an authority established by an order under section 207 of the Local Government and Public Involvement in Health Act 2007. "

(2) Schedule 13 (other consequential amendments) has effect.

210 Joint waste authorities in Wales

(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.

211 Interpretation

In this Part--

"joint waste authority" has the meaning given by section 207(2);
"local authority" has the meaning given by section 205(9).

Part 12 Entities controlled etc by local authorities

212 Entities controlled etc by local authorities

(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;
"entity" means any entity, whether or not a legal person;
"financial year" means a period for which accounts of the local authority must be prepared by reason of section 2 of the Audit Commission Act 1998 (c. 18) or section 13 of the Public Audit (Wales) Act 2004 (c. 23);
"local authority" means any body which--
(a)
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); and
(b)
is required to prepare statements of accounts by regulations made under section 27 of the Audit Commission Act 1998 or section 39 of the Public Audit (Wales) Act 2004;
"qualifying person" means a person who--
(a)
is authorised to represent the local authority at meetings of an entity that is connected with the local authority; or
(b)
is 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.

213 Trusts

(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".

214 Further provision about orders

(1) An order under section 212 may make provision requiring an entity, a local authority or trustees to obtain the consent of the appropriate person before taking any particular actions.

(2) In subsection (1) "the appropriate person" means--

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

(b) in relation to an order made by the Welsh Ministers, the Auditor General for Wales.

(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";

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

(10) In this section "the Audit Commission" means the Audit Commission for Local Authorities and the National Health Service in England.

215 Exemptions from orders

(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.

216 Consequential amendments

(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).

217 Definition of certain terms in amended enactments: England

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

(a) define an "entity under the control of a local authority" and an "entity jointly controlled by bodies that include a local authority" for the purposes of section 4(2) of the Prevention of Corruption Act 1916 (c. 64);

(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).

218 Definition of certain terms in amended enactments: Wales

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

(a) define for the purposes of section 80(1)(aa) of the Local Government Act 1972 the reference in that provision to "an entity under the control of" the authority mentioned there;

(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 Act 1972 (c. 70),
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"--

(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

219 Establishment of the Tribunal

(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).

220 Consequential and transitional provision etc

(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).

Part 14 Patient and public involvement in health and social care

Local involvement networks

221 Health services and social services: local involvement networks

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

(b) enabling 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.

(3) The matters referred to in subsection (2)(b) are--

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

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

(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--
(a)
services provided as part of the health service in England; or
(b)
services provided as part of the social services functions of a local authority;
"local care services", in relation to a local authority, means--
(a)
care services provided in the authority's area; and
(b)
care services provided, in any place, for people from the area;
"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).

222 Arrangements under section 221(1)

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

(2) In this section, a reference to a "local involvement network" is to a person who, in pursuance of the arrangements, is to carry on in A's area activities specified in section 221(2) for that area.

(3) The arrangements must be made with a person ("H") who is not--

(a) a local authority;

(b) a National Health Service trust;

(d) a Primary Care Trust; or

(e) a Strategic Health Authority.

(4) The arrangements must secure the result that none of the following will be a local involvement network--

(a) H;

(b) A;

(d) a National Health Service trust;

(e) an NHS foundation trust;

(f) a Primary Care Trust;

(g) a Strategic Health Authority.

(5) The arrangements may (in particular) make provision as respects co-operation between a local involvement network and any English network or English networks.

(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).

(8) In this section "English network" means a person who, in pursuance of arrangements made under section 221(1) by any local authority, is to carry on activities specified in section 221(2).

223 Arrangements: power to make further provision

(1) The Secretary of State must make regulations which provide that arrangements made under section 221(1) ("local authority arrangements") must require prescribed provision to be included in local involvement network arrangements.

(2) The regulations may in particular provide that local authority arrangements must require local involvement network arrangements to include--

(a) prescribed provision relating to the way in which certain decisions of a local involvement network are to be taken;

(b) prescribed provision relating to the authorisation of individuals as authorised representatives within the meaning of section 225(5);

(d) prescribed provision relating to the consequences of contravention by a local involvement network of any provision of the arrangements.

(3) In this section--

"a local involvement network" means a person who is to carry on activities specified in section 221(2);
"local involvement network arrangements", in relation to local authority arrangements, means arrangements--
(a)
which are made in pursuance of the local authority arrangements; and
(b)
under which a person is to carry on activities specified in section 221(2);
"prescribed provision" means provision prescribed or of a description prescribed by the regulations.

224 Duties of services-providers to respond to local involvement networks

(1) The Secretary of State may by regulations impose, on a services-provider, duties--

(a) as respects responding to requests for information made to the services-provider by a local involvement network;

(b) as respects dealing with reports or recommendations made to the services-provider by a local involvement network; 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 services-provider by another services-provider.

(2) In subsection (1) "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.

(3) For the purposes of subsection (1), 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.

(4) Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

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

(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 involvement network.

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