Local Government and Public Involvement in Health Act 2007

228 Transitional arrangements E+W

[F1 (1) When a local authority becomes subject to the duty in section 221(1), it also becomes subject to the following duty.

(2) That duty (“the temporary duty”) is to ensure until the relevant time that there are means by which the activities specified in section 221(2) can be carried on in the local authority's area.

(3) The Secretary of State may by regulations—

(a) define “the relevant time” for the purposes of subsection (2);

(b) make provision about the ways in which the temporary duty may or may not be complied with;

(c) impose on a services-provider duties as respects—

(i) responding to requests for information made by a relevant person;

(ii) dealing with reports or recommendations made by a relevant person;

(d) make provision for the purpose of imposing on a services-provider a duty to allow individuals authorised by relevant persons to enter and view, and observe the carrying-on of activities on, premises owned or controlled by the services-provider;

(e) make provision relating to the referral by a relevant person of matters relating to social care services to an overview and scrutiny committee of a local authority;

(f) make provision requiring a relevant person to prepare prescribed reports and to send them to prescribed persons;

(g) make provision about the publication of such reports.

(4) Regulations under subsection (3)(d) may include—

(a) provision corresponding to any provision that could be included in regulations under section 225(1) by virtue of section 225(2) or (3);

(b) provision corresponding to section 225(4).

(5) Regulations under subsection (3)(e) may include provision corresponding to—

(a) any provision of section 226(2) to (5);

(b) any provision that could be included in regulations under section 226(6).

(6) References in subsection (3) to a “relevant person” are to be read as follows—

(a) for the purposes of subsection (3)(c) and (e), a request, report, recommendation or referral is made by a “relevant person” if it is made by a person in carrying on section 221 activities in pursuance of temporary arrangements;

(b) for the purposes of subsection (3)(d), an individual is authorised by a “relevant person” if the individual is authorised for the purposes of regulations under subsection (3)(d), in accordance with any applicable provision of those regulations, by a person carrying on section 221 activities in pursuance of temporary arrangements;

(c) in subsection (3)(f) “relevant person” means—

(i) a person who is or has been carrying on section 221 activities in pursuance of temporary arrangements; or

(ii) a local authority which is or has been subject to the temporary duty.

(7) In this section—

• “overview and scrutiny committee” has the same meaning as in section 226;

• “section 221 activities” means activities specified in section 221(2);

• “services-provider” means (subject to subsection (8))—

  (a)

  a National Health Service trust;

  (b)

  an NHS foundation trust;

  (c)

  a Primary Care Trust; or

  (d)

  a local authority;

• “social care services” has the same meaning as in section 226;

• “temporary arrangements” means the arrangements made by a local authority to comply with the temporary duty.

(8) In subsection (3)(d) “services-provider” also includes a person prescribed by regulations made by the Secretary of State under section 225(7)(e).]

Textual Amendments

F1 S. 228 omitted (27.3.2012 for specified purposes) by virtue of Health and Social Care Act 2012 (c. 7), ss. 188(10), 306(1)(d)(4)

Commencement Information

I1 S. 228(1)(2) in force at 1.4.2008 by S.I. 2008/461, art. 2(3), Sch.

I2 S. 228(3)-(8) in force at 21.2.2008 by S.I. 2008/461, art. 2(1)(d)