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The NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012

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Provision to be included in Local Healthwatch arrangements

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41.—(1) Arrangements to which this regulation applies must require each set of relevant Local Healthwatch arrangements to include provision that the relevant contractor must, in so far as that contractor carries on the relevant section 221 activities on behalf of L—

(a)before making any relevant decisions, have and publish the required procedures;

(b)if any amendments are made to a required procedure, as soon as practicable publish the required procedure as amended;

(c)comply with the required procedures as may be amended from time to time;

(d)within a reasonable time after a relevant decision has been made, publish a written statement of that decision and the reasons for that decision; and

(e)involve lay persons and volunteers in the carrying-on of the relevant section 221 activities.

(2) Without prejudice to paragraph (1), arrangements to which this regulation applies must require each set of relevant Local Healthwatch arrangements, in so far as they include provision of the kind described in regulation 40(3)(d)(i) (arrangements to authorise individuals as authorised representatives), to include provision that the relevant contractor must comply with the requirements in regulation 42 (authorised representatives).

(3) For the purposes of this regulation, a “relevant decision” is a decision as to—

(a)how to undertake the relevant section 221 activities;

(b)the spending of amounts in relation to those activities;

(c)whether to request information from a responsible person or services-provider;

(d)whether to refer a report or a recommendation to a responsible person or services-provider;

(e)whether to refer a matter to an overview and scrutiny committee of a local authority or to a health scrutiny authority;

(f)whether to report a matter concerning one or more of the section 221 activities to another person; or

(g)where the relevant Local Healthwatch arrangements include provision as described in regulation 40(3)(e), which premises owned or controlled by a services-provider are to be visited by an authorised representative and when those premises are to be so visited.

(4) In this regulation—

“health scrutiny authority” has the same meaning as in regulation 40;

“the required procedures” means—

(a)

a procedure for making relevant decisions, including provisions as to who may make such decisions; and

(b)

a procedure for dealing with breaches of the procedure referred to in sub-paragraph (a).

(5) The procedure referred to in sub-paragraph (b) of the definition of “the required procedures” in paragraph (4) must include provision setting out the circumstances in which a breach must be referred by the relevant contractor to L.

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