Community Health Councils (Access to Information) Act 1988

1 Access to meetings and documents of Community Health Councils

(1) Section 100A to 100D of the [1972 c. 70.] Local Govrnment Act 1972 (access to meetings and documents of certain authorities) shall apply to a Community Health Council established in accordance with section 20 of the [1977 c. 49.] National Health Service Act 1977 as they apply to a principal council within the meaning of Part VA of the said Act of 1972, but subject to the following modifications, namely—

(a) the reference in section 100A(6)(c) to premises not belonging to a principal council shall be construed as a reference to premises not under the control of the Community Health Council;

(b) the proper officer for the purposes of sections 100B, 100C and 100D shall be a person appointed for the purpose by the Community Health Council; and

(c) the references in sections 100C(1) and 100D(2) to the periods of six and four years shall be construed as references to the periods of three years and two years respectively.

(2) Those sections of the said Act of 1972 shall apply also in relation to a community health committee as they apply to a principal council within the meaning of part VA of that Act but subject to subsection (1)(c) above and to the following further modifications, namely—

(a) section 100A(6)(a) shall be taken to have been complied with if the notice is given by posting it at athe time there mentioned at the offices of every constituent Council and, if the meeting of the committee is to be held at premises other than the offices of such a Copuncil, at those premises;

(b) for the purposes of section 100A(6)(c), premises under the control of a constituent Council shall be treated as belonging to the committee;

(c) for the purposes of sections 100B(1), 100C(1) and 100D(1), offices of any constituent Council shall be treated as offices of the committee; and

(d) the proper officer, for the purposes of sections 100B, 100C and 100D, shall be a person appointed for the purpose by the constituent Council.

(3) In this section “community health committee” means a committee appointed by a Community Health Council or a joint committee appointed by two or more such Councils and “constituent Council”, in relation to such a committee, means the Council or Councils by whom the committee was appointed.

(4) In section 100H of the said Act of 1972 (supplemental provisions and offences)—

(a) any reference to any provision of Part VA of that Act or to any right conferred by that Part includes a reference to any such provision as it applies by virtue of this section or, as the case may be, to any right conferred by that Part as it so applies;

(b) in subsection (2)(b) as it so applies the reference to supplying a copy shall be construed as supplying a copy before the end of the period of three days beginning with the day on which the copy is requested;

(c) in subsection (3) as it so applies the reference to a principal council shall be construed as a reference to a Community Health Council; and

(d) subsection (5) shall apply to any meeting of a Community Health Council or a community health committee.

(5) The power conferred on the Secretary of State by section 100I(2) of that Act to vary Schedule 12A to that Act (exempt information) shall include power to vary that Schedule as it applies by virtue of this section.

(6) In that Schedule, as it so applies—

(a) Part I shall have effect with the insertion at the end of paragraph 1 (information concerning employees of the authority) of the words “or any regional health authority or district health authority within whose region or district the authority exercises functions” and with the insertion after paragraph 6 of the following paragraphs—

“6A Information relating to the physical or mental health of any particular person.

6B Information relating to—

(a) any particular person who is or was formerly included in a list of persons undertaking to provide services under Part II of the [1977 c. 49.] National Health Service Act 1977 or is an applicant for inclusion in such a list; or

(b) any particular employee of such a person.”;

(b) paragraph 1 of Part II shall have effect with the insertion after the words “paragraphs 1 to 5” of the words “or 6B”; and

(c) any reference to “the authority” shall be construed as a reference to the Community Health Council, and to a community health committee (and accordingly paragraph 1(2) of Part III shall not apply).

(7) In the [1960 c. 67.] Public Bodies (Admission to Meetings) Act 1960 (which makes similar provision to that made by sections 100A and 100B of the said Act of 1972), in paragraph 1(f) of the Schedule, for the words “District Health Authorities and Community Health Councils” there shall be substituted the words “and District Health Authorities”.