LegalizeThe NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012
Part 2 also amends the NHS Bodies and Local Authorities Partnership Arrangement Regulations 2000 (“the 2000 Regulations”) in consequence of changes to health service made by Part 1 of the 2012 Act and prescribes certain functions of clinical commissioning groups, the National Health Service Commissioning Board (”the Board”) or a Local Health Board, for the purposes of section 76(1) of the 2006 Act.
Part 3 specifies functions of local authorities in relation to public health for which directors of public health are to have responsibility.
Part 4 specifies the functions to be exercised by local authorities in relation to dental public health in England.
Part 5 makes provision for complaints to be made in relation to local authority public health services.
Part 6 makes provision in relation to Local Healthwatch organisations. These organisations are provided for in Part 14 of the Local Government and Public Involvement in Health Act 2007 (c.28) (“the 2007 Act”) as amended by Part 5 of the 2012 Act.
Part 2, regulation 3(1) and (2) prescribes health-related functions of local authorities and NHS functions for the purposes of section 77(1) of the 2006 Act. The functions prescribed are those set out in regulations 5 and 6 of the 2000 Regulations, subject to the restrictions in paragraphs (3) and (4).
Regulation 4 makes provision for consultation before a clinical commissioning group or an NHS foundation trust is designated as a Care Trust and prior to the revocation of the designation. Regulation 5 makes provision for combined consultations where the parties to the Care Trust agree.
Regulation 6 prescribes the form and manner for publication of reasons for the proposed designation of an NHS foundation trust, NHS trust and a clinical commissioning group as a Care trust and information relating to the governance arrangements of the Care Trust.
Regulation 7 provides for steps which the parties to the Care Trust must take following consultation but prior to designation or revocation of the designation of the NHS foundation trust, NHS trust or the clinical commissioning group as a Care Trust.
Regulations 8 and 9 make provision for publication requirements following the decision to designate or revoke the designation of an NHS foundation trust, NHS trust or a clinical commissioning group as a Care Trust.
Regulation 10 prescribes the bodies which the parties to a Care Trust must notify following the designation or the revocation of a designation of a Care Trust.
Regulation 11 revokes the Care Trusts (Application and Consultation) Regulations 2001 and amends the National Health Service Trusts (Consultation on Establishment and Dissolution) Regulations 2010.
Regulation 12(2) amends the 2000 Regulations in consequence of changes to the health service made by Part 1 of the 2012 Act.
Regulation 13 prescribes certain functions of clinical commissioning groups, the Board or a Local Health Board, for the purposes of section 76(1) of the 2006 Act. Subject to certain conditions prescribed in Directions made by the Secretary of State under section 76(3) of the 2006 Act, this provision allows local authorities to make payments to those NHS bodies towards expenditure incurred by them in connection with the performance of any of the functions so prescribed. Regulation 13 also revokes the National Health Service (Payments by Local Authorities to NHS Bodies)(Prescribed Functions) Regulations 2000.
The public health functions specified in Part 3 for which directors of public health are to have responsibility relate to local authorities making representations and making applications in connection with premises regulated by the Licensing Act 2003 (regulation 14).
Regulation 15 prescribes those functions which are specified in regulation 14 pursuant to section 73B(2)(e) of the National Health Service Act 2006. The effect is that local authorities must have regard to any document published by the Secretary of State in the exercise of those functions and the Secretary of State may give guidance to local authorities as to the exercise of these same functions.
The functions to be exercised by local authorities in relation to dental public health in England as specified in Part 4, relate to the provision of oral health promotion programmes and oral health surveys. In the case of oral health surveys, local authorities must make their own arrangements for oral health surveys and must also participate in any such surveys conducted or commissioned by the Secretary of State.
Regulation 18 revokes and replaces the Functions of Primary Care Trusts (Dental Public Health) (England) Regulations 2006, which made provision for functions in relation to dental public health to be exercised by Primary Care Trusts, and makes transitional provision.
Part 5 makes provision for complaints about the exercise of public health functions by local authorities. Regulation 20 specifies the range of complaints which may be made in relation to the exercise of public health functions by local authorities; this includes complaints about services provided by “service providers” with whom local authorities make arrangements to provide services in the exercise of their public health functions.
Regulation 21 requires each local authority and service provider (“responsible body”) to make arrangements for the handling of consideration of complaints.
Regulation 22 requires each responsible body to designate a person to be responsible for ensuring compliance with the arrangements and a complaints manager to be responsible for managing the complaints procedure.
Regulation 23 specifies the persons who may make complaints under these Regulations and Regulation 24 makes provision as to the circumstances in which each responsible body will have a duty to handle complaints in accordance with the Regulations. Regulation 25 specifies certain types of complaint which are not required to be dealt with in accordance with the Regulations.
Regulation 26 makes provision for local authorities to co-operate in relation to complaints being considered by one authority which also fall to be handled by another authority.
Regulation 27 specifies the time limit for making a complaint and regulation 28 makes provision about how a complaint is to be made and processed initially, including determining the likely period for investigating and responding to the complaint. Regulation 29 provides for the investigation of the complaint and the response to the complainant. Regulation 30 makes provision for electronic communications.
Each responsible body must ensure that its complaints arrangements are made available to the public (regulation 31); must maintain records for the purpose of monitoring complaints arrangements (regulation 32); and must prepare and make available an annual report, although that report may form part of a wider report relating to other prescribed complaints procedures (regulation 33).
Part 6 concerns Local Healthwatch organisations. Section 222(2) of the 2007 Act requires that contractual arrangements made by a local authority under section 221 of that Act for patient and public involvement in health and social care (“local authority arrangements”) must be made with a body corporate which is a social enterprise and which satisfies any criteria prescribed by regulations. Section 222(8) of that Act sets out that a body is a social enterprise for these purposes if it could reasonably be considered to act for the benefit of the community in England and it satisfies any criteria prescribed by regulations. Section 222(2A) of the 2007 Act provides that such a body is to be known as the Local Healthwatch organisation for the area of the local authority. Regulations 35 to 38 make related provision.
Regulation 35 prescribes criteria to be satisfied in order for a body to be a social enterprise under section 222(8) of the 2007 Act. It also sets out bodies to which those criteria do not apply and which will therefore be social enterprises for the purposes of these Regulations if they act for the benefit of the community in England. Regulation 36 sets out certain political activities which are not to be treated as carried on for the benefit of the community for the purposes of section 222(8). Regulation 37 makes provision about what constitutes a section of the community for those purposes. Regulation 38 prescribes the criterion to be satisfied by a social enterprise for the purposes of section 222(2) of the 2007 Act.
Regulations 40 to 43 require local authorities to ensure that local authority arrangements and arrangements (“Local Healthwatch arrangements”) made pursuant to those arrangements by Local Healthwatch organisations with other persons (“Local Healthwatch contractors)” include certain provisions about procedures, decision-making and the use of a trade mark of which the Care Quality Commission is the registered proprietor. This includes provision about who may be an authorised representative for the purposes of entering and viewing the premises of certain providers of health and social care services and how such a person may be authorised.
Regulation 44 imposes duties on certain commissioners and providers of health and social care services where a Local Healthwatch organisation or Local Healthwatch contractor has made a report or recommendation to them. Regulation 45 disapplies the duty under regulation 44 in relation to a report or recommendation which relates to services which are not care services in respect of which the Local Healthwatch organisation or contractor which made the report or recommendation is to carry on activities under local authority arrangements or Local Healthwatch arrangements.
Regulation 46 sets out the time limit for an overview and scrutiny committee of a local authority to acknowledge receipt of a referral of a social care matter by a Local Healthwatch organisation or Local Healthwatch contractor.
Regulation 47 revokes the Local Involvement Networks Regulations 2008. It also makes savings provision in respect of reports and recommendations made by local involvement networks prior to the commencement of these Regulations to which a response was outstanding as at the date of commencement of these Regulations.
A full Impact Assessment has not been produced for this instrument as no or minimal impact on the private sector or civil society organisations is foreseen. A full impact assessment has been produced in relation to the relevant provisions of the 2012 Act and a copy is available at http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsLegislation/DH_123583.
Footnotes
2006 c.41 (“the 2006 Act”). Sections 73A and 73B of the 2006 Act are inserted by sections 30 and 31 respectively of the Health and Social Care Act 2012 (c.7) (“the 2012 Act”). Section 73C is inserted by section 32 of the 2012 Act. Section 76(1) is amended by paragraph 25 of Schedule 4 to the 2012 Act. Section 77 of the 2006 Act is amended by section 200 of, and paragraph 26 of Schedule 4 to, the 2012 Act. Section 111 is amended by section 29 of the 2012 Act. See section 275(1) of the 2006 Act for the definition of “prescribed” and “regulations”. The powers exercised in making these Regulations are exercisable by the Secretary of State only in relation to England by virtue of section 271(1) of the 2006 Act.
2003 c.43. By virtue of section 73C(5) of the 2006 Act, section 115 of the Health and Social Care (Community Health and Standards) Act 2003 applies in relation to regulations made under section 73C of the 2006 Act as it applies in relation to regulations under section 113(1) of the Health and Social Care (Community Health and Standards) Act 2003.
2007 c.28. Section 222 is amended by section 183 of, and paragraph 149 of Schedule 5 to, the 2012 Act; section 223 is amended by section 184 of the 2012 Act. See the definition of “prescribed provision” in section 223(3). Section 224 is amended by section 186(1) to (5) of, and paragraph 150 of Schedule 5 to, the 2012 Act.
2012 c.7 (“the 2012 Act”); section 200 of the 2012 Act is commenced for limited purposes by virtue of section 306(1)(d) of that Act.
Section 14 of the 2012 Act is commenced for limited purposes by virtue of section 306(1)(d) of that Act and by S.I. 2012/2657.
Paragraph 25 of Schedule 4 to the 2012 Act is commenced for limited purposes by virtue of section 306(1)(d) of that Act.
Section 30 of the 2012 Act is commenced for limited purposes by virtue of section 306(1)(d) of that Act.
Section 29 of the 2012 Act is commenced for limited purposes by virtue of section 306(1)(d) of that Act.
Section 32 of the 2012 Act is commenced for limited purposes by virtue of section 306(1)(d) of that Act.
Section 183 of the 2012 Act is commenced for limited purposes by virtue of section 306(1)(d) of that Act.
The National Health Service Commissioning Board is established by section 1H of the 2006 Act. Section 1H is inserted by section 9(1) of the 2012 Act.
S.I. 2000/617 as amended by S.I. 2001/2237, 2002/2469, 2003/629, 2004/696, 2005/3504, 2009/278, 2010/1000 and 2010/1172.
Regulation 6 was amended by S.I. 2003/629, 2005/3504, 2010/1172 and by regulation 12 of these Regulations.
Section 77(1) was amended by section 200(1) of the 2012 Act.
Regulation 5 was amended by S.I. 2009/278, 2010/1000 and by regulation 12 of these Regulations.
See section 77(12) of the 2006 Act for the meaning of “LA delegation arrangements”.
Monitor is the body corporate, formerly known as the Independent Regulator of NHS Foundation Trusts, continued under section 61 of the 2012 Act.
Established by section 1 of the Health and Social Care Act 2008 (c. 14) (“the 2008 Act”).
S.I. 2001/3788. The Care Trusts (Application and Consultation) Regulations 2001 were amended by S.I. 2002/2469 and S.I. 2010/743.
Regulation 2 was amended by S.I. 2000/629.
Section 9 was amended by the 2008 Act, Schedule 5, paragraph 82 and by the 2012 Act, Schedule 4, paragraph 6, Schedule 7, paragraph 18, Schedule 14, paragraph 4, Schedule 17, paragraph 10(2), Schedule 19, paragraph 9(2), and Schedule 21, paragraph 6.
Regulation 3 was amended by S.I. 2002/2469, 2003/629 and 2004/696.
Regulation 4 was amended by S.I. 2002/2469 and 2003/629.
Regulation 5 was amended by S.I. 2009/278 and 2010/1000.
Regulation 6 was amended by S.I. 2003/629, 2005/3504 and 2010/1172.
Regulation 7 was amended by S.I. 2002/2469.
Regulation 8 was amended by S.I. 2003/629.
Regulation 9 was amended by S.I. 2002/2469 and 2003/629.
2006 c.42. Schedule 1 was amended by sections 144 and 160 of, and Schedule 14 to, the 2008 Act, S.I. 2010/1158 and by section 72 of, and paragraphs 25 and 26 of Schedule 1 to, the Children and Families (Wales) Measure 2010 (nawm 1).
Section 127 was amended by section 55(1) of, and paragraph 64(1) to (4) of Schedule 4 to, the 2012 Act.
S.I. 2004/629. Schedule 2 was amended by S.I. 2004/3215, 2009/2230, 2010/2389, 2011/680 and 2011/1043.
S.I. 2000/618. The National Health Service (Payments by Local Authorities to NHS Bodies) (Prescribed Functions) Regulations was amended by S.I. 2004/865, 2007/674, 2008/2828 and 2012/1909.
See section 2B(5) of the 2006 Act for the definition of “local authority”, which is also applied to sections 73A and 73B of the 2006 Act by virtue of sections 73A(8) and 73B(7) respectively of that Act.
2003 c.17. Section 5(3)(bb) of the Licensing Act 2003 (“the 2003 Act”) was inserted by paragraphs 111 and 112(b) of Schedule 5 to the 2012 Act.
Sections 13(4)(bb), 69(4)(bb) and 172B(4)(da) of the 2003 Act were each inserted by paragraph 111 and (respectively) paragraphs 113(b), 115(b) and 116(b) of Schedule 5 to the 2012 Act.
Sections 18 and 35 of the 2003 Act were amended (in relation to relevant references to the responsible authority) by section 105(1) and (respectively) section 105(4) and 105(6) of the Police Reform and Social Responsibility Act 2011 (c.13) (“the 2011 Act”). Section 41B of the 2003 Act was inserted by article 2 of S.I. 2009/1772.
Section 31 of the 2003 Act was amended by section 105(1) and (5) of the 2011 Act.
Section 51 of the 2003 Act was amended (in relation to relevant references to the responsible authority) by section 106(1) and (2) of the 2011 Act. Section 86B of the 2003 Act was inserted by article 3 of S.I. 2009/1772.
Section 53C of the 2003 Act was inserted by section 21 of the Violent Crime Reduction Act 2006 (c.38).
Sections 72 and 85 of the 2003 Act were amended (in relation to relevant references to the responsible authority) by section 107(1) and (respectively) section 107(4) and (5) of the 2011 Act. Section 86B of the 2003 Act was inserted by article 3 of S.I. 2009/1772.
Section 87 of the 2003 Act was amended (in relation to relevant references to the responsible authority) by section 108(1) to (3) of the 2011 Act.
Section 167 was amended (in relation to relevant references to the responsible authority) by section 106(1) and (6)(e) of the 2011 Act.
Section 172B of the 2003 Act was inserted by section 119(1) and (3) of the 2011 Act.
1991 c.56. Section 87(1) is substituted by section 58(1) and (2) of the Water Act 2003 (c.37).
See section 2B(5) of the 2006 Act for the definition of “local authority”, which is also applied to section 111 by virtue of section 111(3) of that Act.
Paragraph 13 of Schedule 1 to the 2006 Act is substituted by section 17(2) and (13) of the 2012 Act.
See section 2B(5) of the 2006 Act for the definition of “local authority”, which is also applied to section 73C by virtue of section 73C(6) of the 2006 Act.
See section 1H(5)(b) of the 2006 Act for the meaning of references to the public health functions of local authorities.
Section 6C of the 2006 Act is inserted by section 18(1) of the 2012 Act. See section 1H(5)(a) of the 2006 Act for the meaning of references to the public health functions of the Secretary of State.
Section 7A of the 2006 Act is inserted by section 22 of the 2012 Act.
See section 73A of the 2006 Act and regulation 14 of these Regulations as to the responsibilities of directors of public health.
See section 115(6) of the 2003 Act for the meaning of “statutory complaints procedure”.
Section 225(5) is amended by section 186(6) and (7) of the 2012 Act.
There are no relevant amendments to section 221(6).
2002 c.17. Section 25 was amended by section 113 of, and paragraphs 16 and 17 of Schedule 10 to, the Health and Social Care Act 2008 (c.14) (“the 2008 Act”), section 222 of, and paragraphs 56 and 62 of Schedule 15 to, the 2012 Act, and S.I. 2010/231. See also section 25(3A) and the related provision in regulation 34(2) of these Regulations.
See section 222(2A) of the Local Government and Public Involvement in Health Act 2007 (c.28) (“the 2007 Act”) for the meaning of “Local Healthwatch organisation”. Subsection (2A) is substituted by section 183(1) and (2) of the 2012 Act.
See section 229 of the 2007 Act for the definition of “local authority”.
Section 222 is amended by section 183 of the 2012 Act. See in particular section 222(2B) which is substituted by section 183(2) of the 2012 Act, and the definition of “local authority” in section 229(1) of the 2007 Act.
Section 223 is amended by section 184 of the 2012 Act. The definition of “Local Healthwatch contractor” is inserted by section 184(1) and (6) of that Act – see section 223(3).
There are no relevant amendments to section 226(8). Section 21 of, and Schedule 2 to, the Localism Act 2011 (c.20) inserted new Part 1A into the Local Government Act 2000 (c.22) (arrangements with respect to local authority governance in England) which replaces Part 1 of that Act in relation to England. Overview and scrutiny committees are provided for in section 9F(1) of that Act for authorities operating executive arrangements, and in section 9JA for authorities operating a committee system.
Section 224(2) is amended by paragraphs 148 and 150 of Schedule 5 to the 2012 Act.
Section 221(2) is amended by section 182(1) to (4) of the 2012 Act.
Section 225(7) is amended by paragraphs 148 and 151 of Schedule 5 and paragraphs 103 and 106 of Schedule 14 to the 2012 Act.
1999 c.8. See section 60(2ZB) and (2ZC) which is inserted by section 209(1) and (6) of the 2012 Act.
See section 60(2ZA) which is inserted by section 209(1) and (5) of the 2012 Act.
The Health and Care Professions Council was formerly known as the Health Professions Council and is continued in existence by section 214 of the 2012 Act. The Council was established under article 3 of the Health and Social Work Professions Order 2001 (S.I. 2002/254). The Order is so re-named by section 213(4) and (6) of the 2012 Act and has been amended by paragraph 8 of Schedule 12 to the Health and Social Care (Community Health and Standards) Act 2003 (c.43), Schedule 9 and paragraph 48 of Schedule 8 to the Health Act 2006 (c.28), paragraph 15 of Schedule 10 to the 2008 Act, by virtue of section 81(5) of the Policing and Crime Act 2009 (c.26), by sections 213(1) to (6), 214(2) to (4), 215, 216, 218 and 219 of the 2012 Act and S.I. 2003/3148, 2004/2033, 2007/3101, 2009/1182, 2010/233, 2011/1043 and 2012/1479.
Section 25(3)(j) was substituted by paragraph 17 of Schedule 10 to the 2008 Act.
2004 c.27. Section 26 was amended by S.I. 2006/242 and S.I. 2007/1093.
See section 5 of, and Schedule 1 to, the Interpretation Act 1978 (c.30) for the definition of “the EU”. The definition was substituted by the Schedule to the European Union (Amendment) Act 2008 (c.7).
Sections 244 and 245 are amended by sections 190 and 191 respectively of the 2012 Act.
Section 113A was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c.15) and amended by paragraph 14(1) and (2) of Schedule 9 to, the Safeguarding Vulnerable Groups Act 2006 (c.47), section 78(2)(a) to (d) and 79 of, and paragraphs 27 and 28 of Schedule 4 to, the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), section 50(1) and (3)(a) to (c) of the Criminal Justice and Immigration Act 2008 (c.4), sections 97(2) of, and Schedule 8 to, the Policing and Crime Act 2009 (c.26), section 188 of the Children’s Hearings (Scotland) Act 2011 (asp 1), sections 79(2)(a) and 80(1) of, and Schedule 10 and paragraphs 35 and 36 of Schedule 9 to the Protection of Freedoms Act 2012 (c.9) and S.I. 2009/203 and 2010/1146.
Section 45D(1) of the 2008 Act enables the Care Quality Commission to grant a Local Healthwatch organisation a licence authorising the use, in relation to the carrying-on of activities under arrangements made under section 221(1) of the 2007 Act, of a registered trade mark of which the Commission is the proprietor. See the definition of “registered trade mark” and “use” in section 45D(3) of the 2008 Act. Section 45D is inserted by section 182(11) of the 2012 Act.
See the meaning of “use” and “trade mark” in section 223(3) of the 2007 Act.
1994 c.26; see section 103 for the definition of “infringement proceedings”.
The Commission was established by section 1(1) of the 2008 Act.
S.I. 2008/528, as amended by S.I. 2008/1877.
See regulation 1(3) of the Local Involvement Networks Regulations 2008.
See regulation 1(3) of the Local Involvement Networks Regulations 2008.
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