Regulation 8 Compliance with the temporary dutyI1

England and Wales Not yet in force

(1)

A local authority complies with the duty under section 228(2) only if it acts in accordance with the following paragraphs.

(2)

The local authority must not make temporary arrangements for any of the following persons to carry on section 221 activities—

(a)

another local authority;

(b)

a National Health Service trust;

(c)

an NHS foundation trust;

(d)

a Primary Care Trust;

(e)

a Strategic Health Authority;

(f)

a person with whom a local authority has made contractual arrangements under section 221(1) of the Act;

(g)

a person who has submitted a tender to the local authority relating to the contractual arrangements to be made by that authority under section 221(1) of the Act.

(3)

Paragraph (2)(g) does not apply once the local authority has entered into the contractual arrangements to which the tender relates.

(4)

The local authority may not carry on section 221 activities.

(5)

The temporary arrangements made by the local authority must include provision requiring that a person who is to carry on section 221 activities in pursuance of the temporary arrangements must—

(a)

before making any relevant decisions, have a procedure for making relevant decisions;

(b)

comply with the procedure referred to in sub-paragraph (a) as may be amended from time to time;

(c)

within a reasonable time after a relevant decision has been made, publish a written statement of that decision and the reasons for that decision; and

(d)

comply with the requirements about authorised individuals in regulation 9.

(6)

For the purpose of this regulation a “relevant decision” is a decision of a relevant person as to—

(a)

how the relevant person is to undertake the relevant section 221 activities;

(b)

which care services in relation to which those activities are to be carried out;

(c)

the spending of amounts in relation to the relevant person’s section 221 activities;

(d)

whether to request information from a services-provider;

(e)

whether to refer a report or a recommendation to a services-provider;

(f)

which premises owned or controlled by a services-provider an authorised individual is to enter and view and when those premises are to be visited;

(g)

whether to refer a matter to an overview and scrutiny committee of a local authority; or

(h)

whether to report a matter concerning one or more of the section 221 activities to another person.

(7)

In this regulation “relevant section 221 activities”, in relation to a relevant person, means the section 221 activities that the relevant person is to carry on pursuant to temporary arrangements.

Annotations

Commencement

I1: Reg. 8 in force at 1.4.2008, see reg. 1(2)