The Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013

Review and scrutiny

21.—(1) A local authority may review and scrutinise any matter relating to the planning, provision and operation of the health service(1) in its area.

(2) In carrying out the review and scrutiny of a particular matter, the local authority must—

(a) invite interested parties to comment on the matter; and

(b) take account of relevant information available to it and, in particular, relevant information provided to it by a Local Healthwatch organisation(2) or Local Healthwatch contractor (“a referrer”) when that referrer refers a matter falling within paragraph (1) to the authority.

(3) Where a matter falling within paragraph (1) is referred to the local authority by a referrer, the local authority must—

(a) acknowledge receipt of the referral within 20 working days beginning with the date on which the referral was made; and

(b) keep the referrer informed of any action taken in relation to the matter.

(4) Otherwise, the procedure of review and scrutiny is to be determined by the local authority.

(5) For the purposes of this regulation, a matter is referred by a referrer if it is referred in the carrying-on of activities specified in section 221(2) of the 2007 Act(3) (patient and public involvement in health and social care) under arrangements made under section 221(1) of that Act (health and social services: Local Healthwatch) or Local Healthwatch arrangements.

(6) In this regulation—

“the 2007 Act” means the Local Government and Public Involvement in Health Act 2007(4);

“Local Healthwatch arrangements” has the meaning given by section 222 of the 2007 Act(5) (arrangements under section 221(1): Local Healthwatch organisations);

“Local Healthwatch contractor” has the meaning given by section 223 of the 2007 Act(6) (prescribed provision to be included in arrangements under section 221(1));

“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday (in England) under the Banking and Financial Dealings Act 1971(7).

(1)

See sections 244(4) and 275 of the 2006 Act for the meaning of “the health service” in this Part of the Regulations.

(2)

See section 222 of the 2007 Act as to Local Healthwatch organisations. Section 222 is amended by section 183 of the 2012 Act.

(3)

Section 221(2) is amended by section 182(1) to (4) of the 2012 Act.

(4)

2007 c.28 (“the 2007 Act”).

(5)

See section 222(2B) which is substituted by section 183(2) of the 2012 Act, and the definition of “local authority” in section 229(1) of the 2007 Act.

(6)

Section 223 is amended by section 184 of the 2012 Act. The definition of “Local Healthwatch contractor” is inserted by section 184(1) and (6) of that Act – see section 223(3).

(7)

1971 c.80.