Part 14Patient and public involvement in health and social care

F13Local arrangements

Annotations:
Amendments (Textual)
F13

S. 221 cross-heading substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 182(10), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

I1223Arrangements: 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 F2... F2include prescribed provision.

F31A

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 F4... F4must 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 F5... F5a 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 F6... F6a Local Healthwatch organisation or a Local Healthwatch contractor of money derived from the arrangements;

d

prescribed provision relating to the consequences of contravention by F6... F6a Local Healthwatch organisation or a Local Healthwatch contractor of any provision of the arrangements.F1;

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.

F72A

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—

  • F8“care services” has the meaning given by section 221;

  • F9...

  • F10...

    1. a

    2. b

      F10“Local Healthwatch arrangements” has the meaning given by section 222;

  • F11“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.F12;

  • trade mark”, and “use” and “infringement” in relation to a trade mark, each have the same meaning as in the Trade Marks Act 1994.