Search Legislation

Local Government and Public Involvement in Health Act 2007

Changes over time for: Section 228

 Help about opening options

Version Superseded: 01/04/2013

Status:

Point in time view as at 04/04/2012. This version of this provision has been superseded. Help about Status

Close

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

There are currently no known outstanding effects for the Local Government and Public Involvement in Health Act 2007, Section 228. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

228Transitional arrangementsE+W

This section has no associated Explanatory Notes

[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

F1S. 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

I1S. 228(1)(2) in force at 1.4.2008 by S.I. 2008/461, art. 2(3), Sch.

I2S. 228(3)-(8) in force at 21.2.2008 by S.I. 2008/461, art. 2(1)(d)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources