Office of Public Sector Information
Statutory Instruments
National Health Service, England
Social Care, England
Made
25th February 2008
Laid before Parliament
5th March 2008
Coming into force
1st April 2008
The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by sections 113(1) and 175(1) and (2) of the Health and Social Care (Community Health and Standards) Act 2003(1), sections 13(4), 89(1), 94(1), 104(1), 109(1), 121(1), 126(2), 243(8) to (10), 244(2), and 272(7) and (8) of, and paragraphs 2 and 3 of Schedule 12 to, the National Health Service Act 2006(2) and sections 223, 224(1), 226(6), 228(3), (4) and (5), 229(2) and 240(10) of the Local Government and Public Involvement in Health Act 2007(3).
In accordance with section 224(4) of the Local Government and Public Involvement in Health Act 2007, the Secretary of State has consulted with such persons as he considers appropriate.
1.—(1) These Regulations may be cited as the Local Involvement Networks Regulations 2008.
(2) These Regulations shall come into force on 1st April 2008.
(3) In these Regulations—
“the Act” means the Local Government and Public Involvement in Health Act 2007;
“authorised individual” has the meaning given in regulation 13;
“authorised representative” means an authorised representative within the meaning of section 225(5) of the Act;
“care services” has the meaning given in section 221(6) of the Act;
“excluded activities” means any activities provided in pursuance of—
the social services functions of a local authority so far as relating to persons aged under 18;
the functions, in so far as not covered by paragraph (a), conferred on or exercised by a local authority under the Children Act 1989(4), the Adoption (Intercountry Aspects) Act 1999(5) or the Adoption and Children Act 2002(6); and
the functions, in so far as not covered by paragraph (a), continuing to be exercisable by a local authority under the Adoption Act 1976(7);
“excluded premises” means—
parts of a care home which are not communal areas;
premises or parts of premises used as residential accommodation for employees of services-providers;
premises which are occupied by one or more persons as their home and which at least one of those persons occupies under a tenancy or a licence;
“local involvement network” means a person who, in pursuance of arrangements made under section 221(1) of the Act, is to carry on section 221 activities;
“overview and scrutiny committee” has the meaning given in section 226(8) of the Act;
“the relevant local authority” means the local authority who made the arrangements under section 221(1) of the Act pursuant to which a local involvement network is to carry on section 221 activities;
“relevant person” means a person carrying-on section 221 activities in pursuance of temporary arrangements;
“relevant time” has the meaning given in regulation 7;
“section 221 activities” means the activities specified in section 221(2) of the Act;
“services-provider” means, subject to paragraph (4)—
a National Health Service trust;
an NHS foundation trust;
a Primary Care Trust; and
a local authority;
“social services functions”, in relation to a local authority, has the same meaning as in the Local Authority Social Services Act 1970(8);
“working day” means any day except for 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(9).
(4) In the definition of “excluded premises” in paragraph (3) and in regulations 2(2)(d) and (f), 3(2)(c), 8(6)(d) and (f), 9(2)(c), 12 and 14 “services-provider” also includes a person prescribed by regulations made by the Secretary of State under section 225(7)(e) of the Act.
The Local Involvement Networks Regulations 2008