Local Government and Public Involvement in Health Act 2007

[^key-9030273f1514539d84fd962758d44fc2]: S. 15(1)(a) modified (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 33(2), Sch. 5 para. 15(2)

[^key-e57464d211014f8b509f49306d34764e]: Words in s. 23(1) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 173 (with s. 247)

[^key-41f0ea491a0e4377ce5c451817a04941]: S. 104(2)(ic) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 174 (with s. 247)

Guidance about general best value duty

Abolition of performance indicators etc except for Welsh authorities

Reports and statements of reasons

Reports categorising English local authorities

Publication of reports etc by Commissioners

Right to make objections at audit

Consent for the purposes of agreed audit

Publication of information by the Audit Commission

Right to make objections at audit

Case tribunals: England

Supplementary and consequential provision

Reports and statements of reasons

Power of Commissioners to make recommendations etc

Matters subject to investigation

Definition of certain terms in amended enactments: Wales

Reports on consultation

Assessment of allegations

Conduct that may be covered by code

Joint committees of relevant authorities in England

Ethical standards officers: reports etc

Supplementary and consequential provision

References to Adjudication Panel for action in respect of misconduct

Supplementary and consequential provision

Case tribunals: England

Contracting out

Joint waste authorities in Wales

Politically restricted posts: grant and supervision of exemptions

Politically restricted posts: consequential amendments

Political assistants' pay

Amendments relating to capital finance and accounting practices

Consultation

Entities controlled etc by local authorities

Orders, regulations and guidance

Health services and social services: local involvement networks

Orders, regulations and guidance

Amendments relating to capital finance and accounting practices

Powers of National Assembly for Wales

Exercise of functions under section 236: records

Amendments relating to capital finance and accounting practices

Contracting out

Orders, regulations and guidance

Fixed penalties for breach of byelaws

Abolition of best value performance reviews

Transitional provision

Alternative procedure for byelaws

Inspections of best value authorities

Appointment and removal of Commissioners

Annual reports

Authorities subject to investigation

Power to investigate

Power of Welsh Ministers to modify enactments obstructing best value etc

National studies

Membership

Delegation

References to Adjudication Panel for action in respect of misconduct

Case tribunals: England

National studies

Exemption from Data Protection Act 1998

Politically restricted posts: grant and supervision of exemptions

Politically restricted posts: consequential amendments

Power to investigate

Annual reports

Appointment of auditor to carry out agreed audits

Disclosure of information obtained by the Audit Commission or an auditor

Registered social landlords in Wales

Political assistants' pay

Exemptions from orders

Duties of responsible persons to respond to Local Healthwatch organisations or contractors

Abolition of Patients' Forums

Reports and statements of reasons

Exercise of functions under section 236: records

Amendments relating to capital finance and accounting practices

Interim case tribunals

Contracting out

Standards Board for England: functions

Interim case tribunals

Interpretation

Definition of certain terms in amended enactments: England

Referrals of social care matters

Politically restricted posts: consequential amendments

Exemption from Data Protection Act 1998

Case tribunals: Wales

Political assistants' pay

Establishment of the Tribunal

Sections 221 to 228: interpretation and supplementary

Reports on consultation

Abolition of Patients' Forums

Definition of certain terms in amended enactments: Wales

Reports on consultation

Arrangements under section 221(1)

Duties of services-providers to respond to local involvement networks

Consequential amendments

Abolition of functions of Patients' Forums

Definition of certain terms in amended enactments: Wales

Abolition of Commission for Patient and Public Involvement in Health

Arrangements under section 221(1)

Duties of services-providers to respond to local involvement networks

Local involvement networks: referrals of social care matters

Reports on consultation

Abolition of Commission for Patient and Public Involvement in Health

Reports on consultation

Powers of National Assembly for Wales

Exercise of functions by local councillors in England

Exercise of functions under section 236: records

Amendments relating to capital finance and accounting practices

Contracting out

Repeals

Invitations and directions for proposals for single tier of local government

Regulations for supplementing orders

Consequential amendments

Contraventions of direction

Electoral Commission and Boundary Committee: reviews and recommendations

Power to change date of local elections to date of European Parliamentary general election

Consequential amendments

Executive arrangements for England

Discharge of functions

Interpretation

Community strategies

Appointed councillors

Parishes: alternative styles

Extension of power to certain parish councils

Health and social care: joint health and wellbeing strategies

Orders under Part 1 of Local Government Act 2000: Wales

Guidance

Overview and scrutiny committees: consequential amendments

Powers to require information from partner authorities

Community support officers etc

Further amendments relating to byelaws

Guidance about general best value duty

Transitional provision

Alternative procedure for byelaws

Power of Welsh Ministers to modify enactments obstructing best value etc

Abolition of best value performance reviews

Abolition of performance indicators etc except for Welsh authorities

Best value: minor and consequential amendments

Annual reports

Power to investigate

Inspections of best value authorities

Change of name

Matters subject to investigation

Inspections of best value authorities

Certain references to code of conduct to include default code

References to Adjudication Panel for action in respect of misconduct

Politically restricted posts: grant and supervision of exemptions

Politically restricted posts: grant and supervision of exemptions

Disclosure of information obtained by the Audit Commission or an auditor

Exemptions from orders

Supplementary and consequential provision

Making complaints etc electronically

Exercise of functions under section 236: records

Politically restricted posts: consequential amendments

References to Adjudication Panel for action in respect of misconduct

Definition of certain terms in amended enactments: Wales

Politically restricted posts: consequential amendments

Case tribunals: Wales

Consultation

Sections 221 to 228: interpretation and supplementary

Definition of certain terms in amended enactments: Wales

Reports on consultation

Exercise of functions under section 236: records

Entities controlled etc by local authorities

Consequential amendments

Exercise of functions under section 236: records

Exercise of functions under section 236: records

Powers of National Assembly for Wales

Exercise of functions by local councillors in England

Exercise of functions under section 236: records

Repeals

Power to change date of local elections to date of European Parliamentary general election

Executive arrangements for England

Interpretation

Extension of power to certain parish councils

Duty to prepare and submit draft of a local area agreement

Health and social care: joint strategic needs assessments

Orders under Part 1 of Local Government Act 2000: Wales

Guidance

Joint overview and scrutiny committees

Fixed penalties for breach of byelaws

Alternative procedure for byelaws

Abolition of best value performance reviews

Powers of the Audit Commission relating to benefits

Change of name

Appointment of auditor to carry out agreed audits

Supplementary and consequential provision

Trusts

Definition of certain terms in amended enactments: England

Abolition of Commission for Patient and Public Involvement in Health

Abolition of Patients' Forums

Amendments relating to capital finance and accounting practices

Consequential amendments

Politically restricted posts: grant and supervision of exemptions

Politically restricted posts: consequential amendments

Definition of certain terms in amended enactments: Wales

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

Independent advocacy services

Abolition of Patients' Forums

Establishment of the Tribunal

Abolition of Patients' Forums

31A

If a council passes a resolution under section 32, 37 or 39 (“the earlier resolution”) it may not pass another resolution under any of those sections before the end of five years beginning with the day on which the earlier resolution is passed.

Discharge of functions

Elected mayors

Appointed councillors

Appointed councillors

Orders under Part 1 of Local Government Act 2000: Wales

Health and social care: joint strategic needs assessments

Reference of matter by councillor to overview and scrutiny committee

Powers to require information from partner authorities

Overview and scrutiny committees: consequential amendments

Overview and scrutiny committees of district councils: local improvement targets

Overview and scrutiny committees: consequential amendments

Fixed penalties for breach of byelaws

Revocation of byelaws

Revocation of byelaws

Guidance about general best value duty

Appointment and removal of Commissioners

National studies

Power of Commissioners to make recommendations etc

Annual reports

Appointment and removal of Commissioners

Publication of reports etc by Commissioners

Independent advocacy services

Duties of services-providers to allow entry by Local Healthwatch organisations or contractors

Referrals of social care matters

Disclosure by monitoring officers of ethical standards officers' reports

Orders, regulations and guidance

Exemption from Data Protection Act 1998

Definition of certain terms in amended enactments: England

Independent advocacy services

Definition of certain terms in amended enactments: Wales

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

222A

• (1) In making arrangements under section 221(1), a local authority must have regard to any conflicts guidance issued by the Secretary of State.

• (2) Arrangements under section 221(1) must require the Local Healthwatch organisation, in exercising its function of carrying on the activities specified in section 221(2) or in making Local Healthwatch arrangements, to have regard to any conflicts guidance issued by the Secretary of State.

• (3) In this section, “conflicts guidance” means guidance about managing conflicts between—

• (a) the making of arrangements under section 221(1), and

• (b) the carrying-on of the activities specified in section 221(2).

• (4) In this section, “Local Healthwatch arrangements” has the meaning given by section 222.

223A

• (1) Each local authority must make such arrangements as it considers appropriate for the provision of independent advocacy services in relation to its area.

• (2) In this section, “independent advocacy services” means services providing assistance (by way of representation or otherwise) to persons making or intending to make—

• (a) a complaint under a procedure operated by a health service body or independent provider;

• (b) a complaint under section 113(1) or (2) of the Health and Social Care (Community Health and Standards) Act 2003;

• (c) a complaint to the Health Service Commissioner for England;

• (d) a complaint to the Public Services Ombudsman for Wales which relates to a Welsh health body;

• (e) a complaint under section 73C(1) of the National Health Service Act 2006;

• (f) a complaint to a Local Commissioner under Part 3 of the Local Government Act 1974 about a matter which could be the subject of a complaint under section 73C(1) of the National Health Service Act 2006; or

• (g) a complaint of such description as the Secretary of State may by regulations prescribe which relates to the provision of services as part of the health service and—

• (i) is made under a procedure of a description prescribed in the regulations, or

• (ii) gives rise, or may give rise, to proceedings of a description prescribed in the regulations.

• (3) Each local authority may make such other arrangements as it considers appropriate for the provision of services in relation to its area providing assistance to individuals in connection with complaints relating to the provision of services as part of the health service.

• (4) Arrangements under this section may not provide for a person to make arrangements for the provision of services by a Local Healthwatch organisation.

• (5) In making arrangements under this section, a local authority must have regard to the principle that the provision of services under the arrangements or arrangements made in pursuance of the arrangements should, so far as practicable, be independent of any person who is—

• (a) the subject of a relevant complaint; or

• (b) involved in investigating or adjudicating on such a complaint.

• (6) A local authority may make payments to—

• (a) a person providing services under arrangements under this section;

• (b) a person arranging for the provision of services in pursuance of arrangements under this section;

• (c) a person providing services under arrangements made in pursuance of arrangements under this section.

• (7) The Secretary of State may by regulations make provision requiring a person providing services under arrangements under this section or arrangements made in pursuance of the arrangements to have cover against the risk of a claim in negligence arising out of the provision of the services.

• (8) The Secretary of State may give directions to a local authority about the exercise of its functions under this section.

• (9) A direction under subsection (8) may be varied or revoked.

• (10) In this section—

• “the health service” has the same meaning as in the National Health Service Act 2006;

• “health service body” means—in relation to England, a body which, under section 2(1) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England;in relation to Wales, a Welsh health service body (within the meaning of the Public Services Ombudsman (Wales) Act 2019);

• “independent provider” means—in relation to England, a person who, under section 2B(1) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England;in relation to Wales, a person who is an independent provider in Wales (within the meaning of the Public Services Ombudsman (Wales) Act 2019);

• “Welsh health body” means—a Local Health Board,an NHS trust managing a hospital or other establishment or facility in Wales,a Special Health Authority not discharging functions only or mainly in England,an independent provider in Wales (within the meaning of the Public Services Ombudsman (Wales) Act 2019),a family health service provider in Wales (within the meaning of that Act), ora person with functions conferred under section 113(2) of the Health and Social Care (Community Health and Standards) Act 2003.

Health and social care: joint strategic needs assessments

Reference of matter by councillor to overview and scrutiny committee

Powers to require information from partner authorities

Overview and scrutiny committees: reports and recommendations

Overview and scrutiny committees of district councils: local improvement targets

Overview and scrutiny committees: consequential amendments

Fixed penalties for breach of byelaws

Revocation of byelaws

Community support officers etc

Abolition of performance indicators etc except for Welsh authorities

Power of Welsh Ministers to modify enactments obstructing best value etc

Annual reports

National studies

Politically restricted posts: grant and supervision of exemptions

Definition of certain terms in amended enactments: England

Establishment of the Tribunal

Joint committees of relevant authorities in England

Case tribunals: England

Implementation of proposals by order

Supplementary and consequential provision

Political assistants' pay

Trusts

Exemptions from orders

Contracting out

116A

• (1) This section applies where a responsible local authority and each of its partner integrated care boards receive an integrated care strategy under section 116ZB(7)(b).

• (2) The responsible local authority and each of its partner integrated care boards must prepare a strategy (“a joint local health and wellbeing strategy”) setting out how the assessed needs in relation to the responsible local authority’s area are to be met by the exercise of functions of—

• (a) the responsible local authority,

• (b) its partner integrated care boards, or

• (c) NHS England.

• (2A) But the responsible local authority and its partner integrated care boards need not prepare a new joint local health and wellbeing strategy if, having considered the integrated care strategy, they consider that the existing joint local health and wellbeing strategy is sufficient.

• (3) In preparing a strategy under this section, the responsible local authority and each of its partner integrated care boards must, in particular, consider the extent to which the assessed needs could be met more effectively by the making of arrangements under section 75 of the National Health Service Act 2006 (rather than in any other way).

• (4) In preparing a strategy under this section, the responsible local authority and each of its partner integrated care boards must have regard to—

• (za) the integrated care strategy prepared under section 116ZB,

• (a) the mandate published by the Secretary of State under section 13A of the National Health Service Act 2006, and

• (b) any guidance issued by the Secretary of State.

• (5) In preparing a strategy under this section, the responsible local authority and each of its partner integrated care boards must—

• (a) involve the Local Healthwatch organisation for the area of the responsible local authority, and

• (b) involve the people who live or work in that area.

• (6) The responsible local authority must publish each strategy prepared by it under this section.

• (7) The responsible local authority and each of its partner integrated care boards may include in the strategy a statement of their views on how arrangements for the provision of health-related services in the area of the local authority could be more closely integrated with arrangements for the provision of health services and social care services in that area.

• (8) In this section and section 116B—

• (a) “partner integrated care board”, in relation to a responsible local authority, has the same meaning as in section 116,

• (aa) “assessed needs”, in relation to the area of a local authority, means the needs assessed in relation to its area under section 116, and

• (b) “health services”, “health-related services” and “social care services” have the same meaning as in section 195 of the Health and Social Care Act 2012.

116B

• (1) A responsible local authority and each of its partner integrated care boards must, in exercising any functions, have regard to the following so far as relevant—

• (a) any assessment of relevant needs prepared under section 116 in relation to the responsible local authority’s area,

• (b) any integrated care strategy prepared under section 116ZB in relation to an area that coincides with or includes the whole or part of the responsible local authority’s area, and

• (c) any joint local health and wellbeing strategy prepared under section 116A by the responsible local authority and its partner integrated care boards.

• (2) NHS England must, in exercising any functions in arranging for the provision of health services in relation to the area of a responsible local authority, have regard to the following so far as relevant—

• (a) any assessment of relevant needs prepared under section 116 in relation to that area,

• (b) any integrated care strategy prepared under section 116ZB in relation to an area that coincides with or includes the whole or part of that area, and

• (c) any joint local health and wellbeing strategy prepared under section 116A by the responsible local authority and its partner integrated care boards.

Proposals for joint waste authorities in England

Further provision about orders

Consequential and transitional provision etc

Duties of responsible persons to respond to Local Healthwatch organisations or contractors

Abolition of Commission for Patient and Public Involvement in Health

Powers of National Assembly for Wales

Exercise of functions under section 236: records

Amendments relating to capital finance and accounting practices

Repeals

80A

• (1) A community governance application is an application for a community governance review to be undertaken.

• (2) An application is not a valid community governance application unless the conditions in subsections (3) to (7) are met (so far as they are applicable).

• (3) The application may be made only by an organisation or body designated as a neighbourhood forum under section 61F of the Town and Country Planning Act 1990.

• (4) The application must relate to the whole or any part of an area specified in a neighbourhood development plan made under section 38A of the Planning and Compulsory Purchase Act 2004.

• (5) The application must—

• (a) define the area to which the review is to relate (whether on a map or otherwise), and

• (b) specify one or more recommendations which the applicant wishes a community governance review to consider making.

• (6) If the specified recommendations include the constitution of a new parish, the application must define the area of the new parish (whether on a map or otherwise).

• (7) If the specified recommendations include the alteration of the area of an existing parish, the application must define the area of the parish as it would be after alteration (whether on a map or otherwise).

• (8) If the specified recommendations include the constitution of a new parish, the application is to be treated for the purposes of this Chapter as if the specified recommendations also include the recommendations in section 87(5) to (7).

• (9) If the specified recommendations include the establishment of a parish council or parish meeting for an area which does not exist as a parish, the application is to be treated for the purposes of this Chapter as if the specified recommendations also include recommendations for such a parish to come into being (either by constitution of a new parish or alteration of the area of an existing parish).

Power of overview and scrutiny committee to question members of authority

Joint overview and scrutiny committees

Joint overview and scrutiny committees

Power of Welsh Ministers to modify enactments obstructing best value etc

Grants to promote or facilitate exercise of functions by best value authorities

Membership

Inspections of best value authorities

Annual reports

Reports and statements of reasons

Power of Commissioners to make recommendations etc

Expenses of the Commission

Duties of services-providers to allow entry by Local Healthwatch organisations or contractors

Reports on consultation

Revocation of byelaws

Grants to promote or facilitate exercise of functions by best value authorities

Studies at request of particular bodies

Matters subject to investigation

Reports and statements of reasons

Publication of reports etc by Commissioners

Certain references to code of conduct to include default code

Case tribunals: England

Exemption from Data Protection Act 1998

Politically restricted posts: consequential amendments

Definition of certain terms in amended enactments: Wales

Abolition of Patients' Forums

Reports on consultation

Contracting out

Orders, regulations and guidance

Powers to require information from partner authorities

Overview and scrutiny committees: reports and recommendations

Overview and scrutiny committees: consequential amendments

Use of fixed penalty receipts

Guidance

Involvement of local representatives

Consultation with and consent of Welsh Ministers

Consultation with ombudsmen

Case tribunals: Wales

Exemption from Data Protection Act 1998

Amendments relating to capital finance and accounting practices

Contracting out

Discharge of functions

Changing governance arrangements

“Local improvement targets”: interpretation

Integrated care partnerships

116ZA

• (1) An integrated care board and each responsible local authority whose area coincides with or falls wholly or partly within the board’s area must establish a joint committee for the board’s area (an “integrated care partnership”).

• (2) The integrated care partnership for an area is to consist of—

• (a) one member appointed by the integrated care board,

• (b) one member appointed by each of the responsible local authorities, and

• (c) any members appointed by the integrated care partnership.

• (3) An integrated care partnership may determine its own procedure (including quorum).

Integrated care strategies

116ZB

• (1) An integrated care partnership must prepare a strategy (an “integrated care strategy”) setting out how the assessed needs in relation to its area are to be met by the exercise of functions of—

• (a) the integrated care board for its area,

• (b) NHS England, or

• (c) the responsible local authorities whose areas coincide with or fall wholly or partly within its area.

• (2) In preparing a strategy under this section, an integrated care partnership must, in particular, consider the extent to which the needs could be met more effectively by the making of arrangements under section 75 of the National Health Service Act 2006 (rather than in any other way).

• (3) In preparing a strategy under this section, an integrated care partnership must have regard to—

• (a) the mandate published by the Secretary of State under section 13A of the National Health Service Act 2006, and

• (b) any guidance issued by the Secretary of State.

• (4) In preparing a strategy under this section, an integrated care partnership must—

• (a) involve the Local Healthwatch organisations whose areas coincide with or fall wholly or partly within its area, and

• (b) involve the people who live or work in that area.

• (5) An integrated care partnership may include in a strategy under this section a statement of its views on how arrangements for the provision of health-related services in its area could be more closely integrated with arrangements for the provision of health services and social care services in that area.

• (6) Each time that an integrated care partnership receives an assessment of relevant needs under section 116(5A) it must—

• (a) consider whether the current integrated care strategy should be revised, and

• (b) if so, prepare a revised integrated care strategy under subsection (1).

• (7) An integrated care partnership must—

• (a) publish each integrated care strategy, and

• (b) give a copy of each integrated care strategy to—

• (i) each responsible local authority whose area coincides with or falls wholly or partly within its area, and

• (ii) each partner integrated care board of those responsible local authorities.

• (8) In this section—

• (a) “assessed needs”, in relation to the area of an integrated care partnership, means the needs assessed under section 116 in relation to the areas of the responsible local authorities so far as those needs relate to the integrated care partnership’s area;

• (b) “partner integrated care board”, in relation to a responsible local authority, has the same meaning as in section 116;

• (c) “health services”, “health-related services” and “social care services” have the same meaning as in section 195 of the Health and Social Care Act 2012.

116C

Section 275A of the National Health Service Act 2006 (references to functions of a person to include delegated functions etc) applies for the purposes of sections 116 to 116B of this Act as it applies for the purposes of that Act.

Joint overview and scrutiny committees

Overview and scrutiny committees of district councils: local improvement targets

Transitional provision

Community support officers etc

Matters subject to investigation

Power of Commissioners to make recommendations etc

Exemption from Data Protection Act 1998

Politically restricted posts: consequential amendments

Trusts

Amendments relating to capital finance and accounting practices

Contracting out