Law

Local Government and Public Involvement in Health Act 2007

United Kingdom · statute

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In force since 2026-07-07, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 271 provisions

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271 provisions

191 Ethical standards officers: investigations and findings

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192 Ethical standards officers: reports etc

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193 Disclosure by monitoring officers of ethical standards officers' reports

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194 Matters referred to monitoring officers

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) In section 73 of that Act (matters referred to monitoring officers in Wales), in each of subsections (1) and (7), for “70(4) or 71(2)” substitute “ 70(4) or (5) or 71(2) or (4) ”. (9) In section 82A(1) of that Act (delegation of functions by monitoring officers), for the words from “60(2)” to “71(2)” substitute “ 57A, 60(2) or (3), 64(2) or (4), 70(4) or (5) or 71(2) or (4) ”.

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195 References to Adjudication Panel for action in respect of misconduct

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196 Consultation with ombudsmen

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197 Interim case tribunals

(1) Section 78 of the Local Government Act 2000 (c. 22) (decisions of interim case tribunals) is amended as follows. (2) In subsection (1)(b) for “authority concerned” substitute “ relevant authority concerned ”. (3) For subsections (2) and (3) substitute— (2) If the decision of the interim case tribunal is as mentioned in subsection (1)(a), the tribunal must give notice of its decision to the standards committee of the relevant authority concerned. (3) If the decision of the interim case tribunal is as mentioned in subsection (1)(b), the tribunal must give notice to the standards committee of the relevant authority concerned stating that the person concerned is suspended or partially suspended for the period, and in the way, that the tribunal has decided. (3A) The effect of a notice given under subsection (3) is to suspend or partially suspend the person concerned as mentioned in subsection (3). (4) In subsection (6) for “under section 79 is given” substitute “ is given by virtue of section 78A or 79 ”. (5) For subsection (8) substitute— (8) Where the person concerned is no longer a member or co-opted member of the relevant authority concerned, but is a member or co-opted member of another relevant authority— (a) the references in subsection (1) to the relevant authority concerned are to be treated as references to that other authority, (b) the references in subsections (2) and (7)(b) to the relevant authority concerned are to be treated as including a reference to that other relevant authority, (c) the duty under subsection (3) to give notice to the standards committee of the relevant authority concerned is to be treated as a duty— (i) to give that notice to the standards committee of that other relevant authority, and (ii) to give a copy of that notice to the standards committee of the relevant authority concerned. (8A) Subsection (8) does not apply unless— (a) where the relevant authority concerned is in England, the other relevant authority is also in England, (b) where the relevant authority concerned is in Wales, the other relevant authority is also in Wales. (6) After subsection (10) insert— (11) An appeal may not be brought under subsection (10) except with the leave of the High Court.

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198 Case tribunals: England

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199 Case tribunals: Wales

(1) Section 79 of the Local Government Act 2000 (c. 22) (decisions of case tribunals) is amended as follows. (2) For the sidenote substitute “ Decisions of case tribunals: Wales ”. (3) Before subsection (1) insert— (A1) In this section “Welsh case tribunal” means a case tribunal drawn from the Adjudication Panel for Wales. (4) In subsections (1) to (15) for “case tribunal”, in each place where it occurs, substitute “ Welsh case tribunal ”. (5) In subsection (8)(c) for “must be suspended or partially suspended by the relevant authority concerned” substitute “ is suspended or partially suspended ”. (6) For subsection (9) substitute— (9) The effect of a notice given to the standards committee of a relevant authority under subsection (8) is to suspend or partially suspend the person concerned as mentioned in subsection (8)(c). (7) In subsection (12), for paragraph (a) substitute— (a) must be given to the Public Services Ombudsman for Wales, . (8) In subsection (13)— (a) for “the same country (that is to say, England or Wales)” substitute “ Wales ”; (b) for paragraph (b) substitute— (b) the reference in subsection (4)(a) to the relevant authority concerned is to be treated as a reference to that other relevant authority, . (9) After subsection (15) insert— (16) An appeal may not be brought under subsection (15) except with the leave of the High Court.

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200 Exemption from Data Protection Act 1998

In section 31 of the Data Protection Act 1998 (c. 29) (exemptions for regulatory activity), after subsection (6) insert— (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.

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201 Supplementary and consequential provision

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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 ”.

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202 Politically restricted posts: grant and supervision of exemptions

(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 ”; (c) omit subsection (8)(a); (d) in subsection (8)(b), for “that subsection” substitute “ subsection (1) ”. (2) After that section insert— Grant and supervision of exemptions from political restriction: England 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. General advice as to politically restricted posts: England 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.

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203 Politically restricted posts: consequential amendments

(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 ”; (c) after subsection (5) insert— (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 ”; (c) in section 70(7) (terms and conditions of employment) for “and 3” substitute “ and 3A ”.

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204 Political assistants' pay

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.

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205 Proposals for joint waste authorities in England

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206 Consultation

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207 Implementation of proposals by order

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208 Membership of joint waste authorities

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209 Consequential amendments

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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.

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211 Interpretation

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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; (c) particular English local authorities. (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; (c) particular Welsh local authorities. (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, or accounts 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; or 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.

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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”.

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214 Further provision about orders

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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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.

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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).

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217 Definition of certain terms in amended enactments: England

(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).

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218 Definition of certain terms in amended enactments: Wales

(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).

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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).

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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).

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221 Health services and social services...

(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; (c) obtaining the views of local people about their needs for, and their experiences 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; (c) whether, and how, local care services ought to 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; or services 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; and care 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, and who 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).

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222 Local Healthwatch organisations

(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; (c) an NHS foundation trust; or (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.

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222A Local authority arrangements: conflicts of interest

(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.

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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 ... 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.

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223A Independent advocacy services

(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), or a person with functions conferred under section 113(2) of the Health and Social Care (Community Health and Standards) Act 2003.

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

(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; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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.

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

(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; (c) conditions to be satisfied before a duty arises in a particular case; (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; (c) limiting the hours during which a duty applies. (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; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) a local authority; or (e) a person prescribed by regulations made by the Secretary of State.

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226 Referrals of social care matters

(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); and in 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).

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227 Local Healthwatch organisations: annual reports

(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); (c) provision requiring each such report to be prepared by 30th June after the end of the financial year concerned; and (d) provision requiring that, once such a report has been prepared— (i) copies of it are to be made publicly available in such manner as the person preparing it, after having had regard to any guidance issued by the Secretary of State that may be in force at the time, considers appropriate; and (ii) a copy of it is to be sent to each of the persons specified in subsection (4). (3) The requirements referred to in subsection (2)(b) are— (a) that the report addresses, in particular, such matters as the Secretary of State may direct; 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; ... (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) any overview and scrutiny committee of the local authority that is within subsection (5); (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.

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228 Transitional arrangements

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