Office of Public Sector Information
17. For the purposes of section 226(2)(a) of the Act, the time by which the duty under that section is to be performed is 20 working days beginning with the date on which the referral to which the duty applies was made.
18.—(1) Regulation 2 of the Local Authority (Overview and Scrutiny Committees Health Scrutiny Functions) Regulations 2002(11) is amended as follows.
(2) In paragraph (2)(c) for the words “Patients’ Forum pursuant to a referral under section 15(5)(a) of the 2002 Act” substitute “local involvement network or relevant person when that person refers a matter falling within paragraph (1) to the committee”.
(3) After paragraph (2) insert—
“(2A) Where a matter falling within paragraph (1) is referred to the overview and scrutiny committee by a local involvement network or a relevant person, the overview and scrutiny committee must—
(a) acknowledge receipt of the referral within 20 working days beginning with the date on which the referral to which the duty applies was made; and
(b) keep the referrer informed of any action taken in relation to the matter.”.
(4) After paragraph (3) insert—
“(4) For the purposes of this regulation—
(a) a matter is referred by a local involvement network if it is referred by a local involvement network in the carrying-on of activities specified under section 221(2) of the 2007 Act in pursuance of arrangements made under section 221(1) of that Act;
(b) a matter is referred by a relevant person if it is referred by a relevant person in the carrying-on of activities specified under section 221(2) of the 2007 Act in pursuance of arrangements made by a local authority to comply with the duty imposed by section 228(2) of that Act.
(5) In relation to a report or recommendation referred to an overview and scrutiny committee by a relevant person, the reference in paragraph (2A) to the “referrer” is, from the relevant time in relation to that committee’s local authority, a reference to the relevant local involvement network.
(6) In this regulation—
“the 2007 Act” means the Local Government and Public Involvement in Health Act 2007;
“local involvement network” means a person who is to carry on activities specified under section 221(2) of the 2007 Act in pursuance of arrangements made under section 221(1) of that Act;
“the relevant local involvement network” means a local involvement network who pursuant to arrangements made under section 221(1) of the 2007 Act is to carry on activities to which the matter referred in paragraph (1) relates;
“relevant person” means a person carrying-on section 221 activities in pursuance of arrangements made by a local authority to comply with the duty imposed by section 228(2) of that Act;
“the relevant time” shall be construed in accordance with regulation 6 of the Local Involvement Networks Regulations 2008;
“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.”.
19. The Schedule (consequential amendments) has effect.
Signed by the authority of the Secretary of State for Health.
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
25th February 2008
1. In the National Health Service (General Ophthalmic Services) Regulations 1986(12), in Schedule 1 (terms of service) omit paragraph 2(e)(13).
2.—(1) The Commission for Patient and Public Involvement in Health (Functions) Regulations 2002(14) are amended as follows.
(2) Omit regulation 2 (annual work programme)(15).
(3) In regulation 7 (charging for advice and services)—
(a) omit paragraph (2)(a); and
(b) in paragraph (3)—
(i) for “20(2)(d),(e)” substitute “20(2)(e)”; and
(ii) omit sub-paragraph (a).
(4) In regulation 8 (obtaining information) in paragraph (2)(16), omit sub-paragraph (e).
3.—(1) In the Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002(17) in regulation 5 (disqualification for appointment), omit paragraph (1)(i).
4.—(1) The Strategic Health Authorities (Consultation on Changes) Regulations 2003(18) are amended as follows.
(2) In regulation 2 (consultation requirements for Strategic Health Authority Orders)—
(a) in paragraph (2)—
(i) omit sub-paragraph (e);
(ii) for sub-paragraph (f)(19) substitute—
“(f) any relevant local involvement network;”; and
(iii) omit sub-paragraph (g) and
(b) at the end insert—
“(3) In this regulation—
(a) “relevant local authority” means a local authority whose area falls, wholly or partly, within the area of the Strategic Health Authority;
(b) “relevant local involvement network” means a person who in pursuance of arrangements made by a relevant local authority under section 221(1) of the Local Government and Public Involvement in Health Act 2007 is to carry on activities specified in section 221(2) of that Act.”.
5.—(1) The National Health Service (General Medical Services Contracts) Regulations 2004(20) are amended as follows.
(2) In regulation 2 (interpretation), in paragraph (1) omit the definition of “PCT Patients’ Forum”.
(3) In Schedule 6 (other contractual terms)—
(a) in paragraph 48(4)(e), in the substituted regulation 33(3) of the National Health Service (Pharmaceutical Services) Regulations 2005(21)—
(i) in sub-paragraph (f) omit “Patients’ Forum or” and “and”;
(ii) after sub-paragraph (f) insert—
“(ff) any relevant local involvement network; and”;
(iii) after sub-paragraph (i) insert the following paragraph—
“(3A) In this regulation—
(a) “relevant local authority” means a local authority whose area falls, wholly or partly, with the area of the Primary Care Trust;
(b) “relevant local involvement network” means a person who in pursuance of arrangements made by a relevant local authority under section 221(1) of the Local Government and Public Involvement in Health Act 2007 is to carry on activities specified in section 221(2) of that Act.”;
(b) omit paragraphs 78 (requests for information from Patients’ Forums) and 90 (entry and inspection by members of Patients’ Forums).
6.—(1) The National Health Service (Complaints) Regulations 2004(22) are amended as follows.
(2) In regulation 2 (interpretation), in paragraph (1) omit the definitions of “patients’ forum” and “relevant patients’ forum”.
(3) In regulation 20 (publicity)—
(a) in paragraph (2), for “Each” substitute “Subject to paragraph (4), each”; and
(b) for paragraph (3)(f) substitute—
“(f) any relevant local involvement network.
(4) Paragraph (2) does not apply to a Special Health Authority.
(5) In this regulation—
(a) “relevant local authority” means—
(i) where the NHS body is a Strategic Health Authority, a local authority whose area falls, wholly or partly, within the area of the Strategic Health Authority;
(ii) where the NHS body is a Primary Care Trust, a local authority whose area falls, wholly or partly, within the area of the Primary Care Trust;
(iii) where the NHS body is an NHS trust, a local authority in whose area any hospital or other establishment or facility of that NHS trust is situated;
(b) “relevant local involvement network” means a person who in pursuance of arrangements made by a relevant local authority under section 221(1) of the Local Government and Public Involvement in Health Act 2007 is to carry on activities specified in section 221(2) of that Act.”.
7.—(1) The National Health Service (Personal Medical Services Agreements) Regulations 2004(23) are amended as follows.
(2) In regulation 2 (interpretation), omit the definition of “Patients’ Forum”.
(3) In Schedule 5 (other contractual terms)—
(a) in paragraph 47(4)(e)(24), in the substituted regulation 33(3) of the National Health Service (Pharmaceutical Services) Regulations 2005—
(i) in sub-paragraph (f) omit “Patients’ Forum or” and “and”;
(ii) after sub-paragraph (f) insert—
“(ff) any relevant local involvement network; and”;
(iii) after sub-paragraph (i) insert the following paragraph—
“(3A) In this regulation—
(a) “relevant local authority” means a local authority whose area falls, wholly or partly, with the area of the Primary Care Trust;
(b) “relevant local involvement network” means a person who in pursuance of arrangements made by a relevant local authority under section 221(1) of the Local Government and Public Involvement in Health Act 2007 is to carry on activities specified in section 221(2) of that Act.”;
(b) omit paragraphs 74 (requests for information from Patients’ Forums) and 84 (entry and inspection by members of Patients’ Forum).
8.—(1) The National Health Service (Pharmaceutical Services) Regulations 2005(25) are amended as follows.
(2) In regulation 2 (interpretation) in paragraph (1)—
(a) omit the definition of “Patients’ Forum”; and
(b) at the appropriate places insert—
““relevant local authority”, in relation to a Primary Care Trust, means a local authority whose area falls, wholly or partly, within the area of the Primary Care Trust;”
“relevant local involvement network” means a person who in pursuance of arrangements made by a relevant local authority under section 221(1) of the Local Government and Public Involvement in Health Act 2007 is to carry on activities specified in section 221(2) of that Act;”.
(3) In regulation 23 (notification of applications)(26)—
(a) for paragraph (2)(f) substitute—
“(f) any relevant local involvement network; and”; and
(b) in paragraph (3)—
(i) in sub-paragraph (e) omit “Patients’ Forum or” and “and”;
(ii) after paragraph (e) insert—
“(ee) any relevant local involvement network as the Primary Care Trust considers appropriate; and”.
(4) In regulation 27 (notification of decision)(27)—
(a) omit paragraph (1)(a)(vii); and
(b) in paragraph (3)(e) omit “Patients’ Forum or”.
(5) In regulation 33 (notification of an application in respect of premises in a controlled locality)—
(a) for paragraph (2)(g) substitute—
“(g) any relevant local involvement network;”; and
(b) in paragraph (3)—
(i) in sub-paragraph (e) omit “and”;
(ii) in sub-paragraph (f) omit “Patients’ Forum or”; and
(iii) after sub-paragraph (f) insert—
“(ff) any relevant local involvement network;”.
(6) In Schedule 1 (terms of service of pharmacists), omit paragraphs 1(d) and 26(2)(a)(vi).
(7) In Schedule 2 (terms of service of dispensing doctors), omit paragraph 1(d).
(8) In Schedule 3 (terms of service of suppliers of appliances), omit paragraph 1(d).
9.—(1) In the National Health Service (General Dental Services Contracts) Regulations 2005(28) in Schedule 3 (other contractual terms)—
(a) omit paragraph 36;
(b) in paragraph 44(3)—
(i) omit “45 or”;
(ii) in sub-paragraph (a) omit “, members of a Patients’ Forum”; and
(c) omit paragraph 45.
10.—(1) In the National Health Service (Personal Dental Services Agreements) Regulations 2005(29) in Schedule 3 (other contractual terms)—
(a) omit paragraph 37 (requests for information from Patients’ Forums);
(b) in paragraph 44(3)—
(i) omit “45 or”;
(ii) in sub-paragraph (a) omit “, members of a Patients’ Forum”; and
(c) omit paragraph 45.
11.—(1) The National Health Service (Local Pharmaceutical Services etc.) Regulations 2006(30) are amended as follows.
(2) In regulation 2 (interpretation), in paragraph (1) omit the definition of “Patients’ Forum”.
(3) Omit regulations 4(5)(f) and 15(5)(f).
(4) In Schedule 2 (contract terms), omit paragraph 1(1)(b).
S.I. 2002/3048. Back [11]
S.I. 1986/975. Back [12]
Paragraph 2(e) was inserted by S.I. 2003/2863. Back [13]
S.I. 2002/3007. Back [14]
Regulation 2 was amended by S.I. 2003/2044. Back [15]
Regulation 8(2) was amended by S.I. 2004/696. Back [16]
S.I. 2002/3038. Back [17]
S.I. 2003/1617. Back [18]
Sub-paragraph (f) was amended by S.I. 2004/696. Back [19]
S.I. 2004/291. Back [20]
S.I. 2005/641. Back [21]
S.I. 2004/1768. Back [22]
S.I. 2004/627. Back [23]
Paragraph 47 was substituted by S.I. 2005/3315. Back [24]
S.I. 2005/641 Back [25]
Regulation 23 was amended by S.I. 2006/3373. Back [26]
Regulation 27 was amended by S.I. 2006/3373. Back [27]
S.I. 2005/3361. Back [28]
S.I. 2005/3373. Back [29]
S.I. 2006/552. Back [30]
The Local Involvement Networks Regulations 2008