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Health and Social Care Act 2001
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- 2001 c. 15
- Part 1
- Independent advocacy services
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Commencement Orders bringing provisions within this Act into force:
- S.I. 2003/53 art. 1-4 commences (2001 c. 15)
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- S.I. 2003/2245 art. 2 commences (2001 c. 15)
- S.I. 2004/103 art. 2-4 commences (2001 c. 15)
- S.I. 2004/1754 art. 2 commences (2001 c. 15)
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- S.I. 2006/1407 Sch. 1 Pt. 2 para. 8 commences (2001 c. 15)
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- S.I. 2003/713 art. 2 commences (2001 c. 15)
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- S.I. 2003/2246 art. 2 commences (2002 c. 17)
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- S.I. 2004/759 art. 2-13 commences (2003 c. 43)
- S.I. 2004/866 art. 2 amendment to earlier commencing SI 2004/288
- S.I. 2004/1009 art. 2 amendment to earlier commencing SI 2004/288
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- S.I. 2005/2925 art. 2 4-11 commences (2003 c. 43)
- S.I. 2006/345 art. 2-7 commences (2003 c. 43)
- S.I. 2006/345 art. 8 amendment to earlier commencing SI 2004/480
- S.I. 2006/378 art. 2-7 Sch. commences (2005 c. 15)
- S.I. 2006/1407 Sch. 1 Pt. 2 para. 12 commences (2002 c. 17)
- S.I. 2006/1407 Sch. 1 Pt. 2 para. 13 commences (2003 c. 43)
- S.I. 2008/1972 art. 2 commences (2006 c. 28)
- S.I. 2008/2497 art. 2-7 commences (2008 c. 14)
- S.I. 2009/462 art. 2-5 commences (2008 c. 14)
- S.I. 2009/631 art. 2 commences (2008 c. 14)
- S.I. 2009/2567 art. 2 3 commences (2008 c. 14)
- S.I. 2011/849 art. 2 commences (2010 nawm 2)
- S.I. 2011/986 art. 2 3 commences (2008 c. 14)
Prospective
Independent advocacy servicesE+W+S+N.I.
12 Independent advocacy servicesE+W+S+N.I.
After section 19 of the 1977 Act there shall be inserted—
“19A Independent advocacy services
(1)It is the duty of the Secretary of State to arrange, to such extent as he considers necessary to meet all reasonable requirements, for the provision of independent advocacy services.
(2)“Independent advocacy services” are services providing assistance (by way of representation or otherwise) to individuals making or intending to make—
(a)a complaint under a procedure operated by a health service body or independent provider,
(b)a complaint to the Health Service Commissioner for England or the Health Service Commissioner for Wales,
(c)a complaint of a prescribed description which relates to the provision of services as part of the health service and—
(i)is made under a procedure of a prescribed description, or
(ii)gives rise, or may give rise, to proceedings of a prescribed description.
(3)In subsection (2)—
“health service body” means a body which, under section 2(1) or (2) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England or the Health Service Commissioner for Wales;
“independent provider” means a person who, under section 2B(1) or (2) of that Act, is subject to such investigation.
(4)The Secretary of State may make such other arrangements as he thinks fit for the provision of assistance to individuals in connection with complaints relating to the provision of services as part of the health service.
(5)In making arrangements under this section the Secretary of State must have regard to the principle that the provision of services under the arrangements should, so far as practicable, be independent of any person who is the subject of a relevant complaint or is involved in investigating or adjudicating on such a complaint.
(6)The Secretary of State may make payments to any person in pursuance of arrangements under this section.
[F1(7)The Secretary of State may direct a Patients’ Forum established for a Primary Care Trust to exercise any of his functions under this section so far as they relate to independent advocacy services provided to persons in the area of the Primary Care Trust or persons to whom services have been provided by, or under arrangements with, the Trust; and if he does so—
(a)the functions of that Patients’ Forum are to be taken to include those functions, but
(b)the Patients’ Forum may not make any arrangements with itself under this section.”]
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Amendments (Textual)
F1Words in s. 12 inserted (prosp.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 16(5), 42(3)
12 Independent advocacy servicesE+W+S+N.I.
After section 19 of the 1977 Act there shall be inserted—
“19A Independent advocacy services
(1)It is the duty of the Secretary of State to arrange, to such extent as he considers necessary to meet all reasonable requirements, for the provision of independent advocacy services.
(2)“Independent advocacy services” are services providing assistance (by way of representation or otherwise) to individuals making or intending to make—
(a)a complaint under a procedure operated by a health service body or independent provider,
(b)a complaint to the Health Service Commissioner for England or the Health Service Commissioner for Wales,
(c)a complaint of a prescribed description which relates to the provision of services as part of the health service and—
(i)is made under a procedure of a prescribed description, or
(ii)gives rise, or may give rise, to proceedings of a prescribed description.
(3)In subsection (2)—
“health service body” means a body which, under section 2(1) or (2) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England or the Health Service Commissioner for Wales;
“independent provider” means a person who, under section 2B(1) or (2) of that Act, is subject to such investigation.
(4)The Secretary of State may make such other arrangements as he thinks fit for the provision of assistance to individuals in connection with complaints relating to the provision of services as part of the health service.
(5)In making arrangements under this section the Secretary of State must have regard to the principle that the provision of services under the arrangements should, so far as practicable, be independent of any person who is the subject of a relevant complaint or is involved in investigating or adjudicating on such a complaint.
(6)The Secretary of State may make payments to any person in pursuance of arrangements under this section.”
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