OpenLegislation

Section 227 Local Healthwatch organisations: annual reportsF25I1I2

England and Wales

(1)

Subsection (2) has effect for the purposes of section 222(7).

(2)

In relation to any arrangements made under section 221(1)F1..., the “required provision about annual reports” is—

(a)

provision—

(i)

requiringF2... the preparation by F3the Local Healthwatch organisation for each financial year of a report in relation to the activities of F4the organisation in the year (so far as they are activities specified in section 221(2) for the local authority's area and carried on F5under the arrangements or arrangements made in pursuance of the arrangements);

F6(ii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(iii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

provision requiring that each such report must comply with the requirements mentioned in subsection (3);

(c)

provision requiring each such report to be prepared by 30th June after the end of the financial year concerned; and

(d)

provision requiring that, once such a report has been prepared—

(i)

copies of it are to be made publicly available in such manner as the person preparing it, after having had regard to any guidance issued by the Secretary of State that may be in force at the time, considers appropriate; and

(ii)

a copy of it is to be sent to each of the persons specified in subsection (4).

(3)

The requirements referred to in subsection (2)(b) are—

(a)

that the report addresses, in particular, such matters as the Secretary of State may direct; F8and

(b)

that the reportF9... includes—

(i)

details of the amounts spent by F10the Local Healthwatch organisation in its capacity as such, and the amounts spent by its Local Healthwatch contractors in their capacity as such, in the year concerned; and

(ii)

details of what those amounts were spent on; F11...

(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

The persons referred to in subsection (2)(d)(ii) are—

(a)

the local authority;

F12(aa)

F13NHS England;

(ab)

each F14integrated care board, whose area or any part of whose area falls within the area of the local authority;

F15(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

any overview and scrutiny committee of the local authority that is within subsection (5);

F16(ca)

the Care Quality Commission;

F17(cb)

the Healthwatch England committee of the Care Quality Commission;

(d)

F18... and

(e)

such other persons (if any) as the Secretary of State may direct.

(5)

An overview and scrutiny committee of the local authority is within this subsection—

(a)

F19...if any activities of F20the Local Healthwatch organisation (so far as they are activities specified in section 221(2) and carried on F21under the arrangements made under section 221(1) or arrangements made in pursuance of the arrangements) are relevant to the functions of the committee; F22...

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)

In this section—

  • “financial year” means a period of 12 months ending with 31st March;

  • F24“Local Healthwatch contractor” has the meaning given by section 223;

  • “overview and scrutiny committee” has the meaning given by section 226(8).

(10)

Power to give directions for purposes of this section includes power to vary or revoke directions given in previous exercise of the power.

(11)

Directions given, or guidance issued, for purposes of this section must be published in such manner as, in the opinion of the Secretary of State, is likely to bring them or it to the attention of the persons to whom they or it are applicable.

Annotations

Textual amendments

F1

Words in s. 227(2) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 187(2), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F2

Words in s. 227(2)(a)(i) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 187(3)(a)(i), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F3

Words in s. 227(2)(a)(i) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 187(3)(a)(ii), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F4

Words in s. 227(2)(a)(i) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 187(3)(a)(iii), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F5

Words in s. 227(2)(a)(i) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 187(3)(a)(iv), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F6

S. 227(2)(a)(ii) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 187(3)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F7

S. 227(2)(iii) and preceding word omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 187(3)(c), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F8

Word in s. 227(3)(a) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 187(4)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F9

Words in s. 227(3)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 187(4)(b)(i), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F10

Words in s. 227(3)(b)(i) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 187(4)(b)(ii), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F11

S. 227(3)(c) and preceding word omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 187(4)(c), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F12

S. 227(4)(aa)(ab) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 187(5)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F13

Words in s. 227 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F14

Words in s. 227(4)(ab) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 155; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F15

Words in s. 227(4)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 152(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F16

S. 227(4)(ca) inserted (1.10.2008) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 94; S.I. 2008/2497, art. 2(q)(x)

F17

S. 227(4)(cb) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 187(5)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F18

S. 227(4)(d) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 187(5)(c), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F19

Words in s. 227(5)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 187(6)(a)(i), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F20

Words in s. 227(5)(a) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 187(6)(a)(ii), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F21

Words in s. 227(5)(a) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 187(6)(a)(iii), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F22

S. 227(5)(b) and preceding word omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 187(6)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F23

S. 227(6)-(8) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 187(7), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F24

Words in s. 227(9) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 187(8), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F25

S. 227 title substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 187(9), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Commencement

I1

S. 227 in force at 1.4.2008 in so far as not already in force by S.I. 2008/461, art. 2(3), Sch.

I2

S. 227 in force at 10.3.2010 for specified purposes by S.I. 2008/461, art. 2(2)

Notes on Local arrangements

Textual amendments

F1

S. 221 cross-heading substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 182(10), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)