PART 1

The health service in England

Further provision about local authorities’ role in the health service

Complaints about exercise of public health functions by local authorities
32
In Part 3 of the National Health Service Act 2006 (local authorities and the NHS) after section 73B insert—

Complaints about exercise of public health functions by local authorities
73C
1
Regulations may make provision about the handling and consideration of complaints made under the regulations about —
a
the exercise by a local authority of any of its public health functions;
b
the exercise by a local authority of its functions by virtue of section 6C(1) or (3);
c
anything done by a local authority in pursuance of arrangements made under section 7A;
d
the exercise by a local authority of any of its other functions—
i
which relate to public health, and
ii
for which its director of public health has responsibility;
e
the provision of services by another person in pursuance of arrangements made by a local authority in the exercise of any function mentioned in paragraphs (a) to (d).
2
The regulations may provide for a complaint to be considered by one or more of the following—
a
the local authority in respect of whose functions the complaint is made;
b
an independent panel established under the regulations;
c
any other person or body.
3
The regulations may provide for a complaint or any matter raised by a complaint—
a
to be referred to a Local Commissioner under Part 3 of the Local Government Act 1974 for the Commissioner to consider whether to investigate the complaint or matter under that Part;
b
to be referred to any other person or body for that person or body to consider whether to take any action otherwise than under the regulations.
4
Where the regulations make provision under subsection (3)(a) they may also provide for the complaint to be treated as satisfying sections 26A and 26B of the Act of 1974.
5
Section 115 of the Health and Social Care (Community Health and Standards) Act 2003 (health care and social services complaints regulations: supplementary) applies in relation to regulations under this section as it applies in relation to regulations under subsection (1) of section 113 of that Act.
6
In this section, “local authority” has the same meaning as in section 2B.