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Local Government and Public Involvement in Health Bill

moved Amendment No. 219ZA: 219ZA: Clause 236, page 169, line 14, at end insert— ““( ) After that section insert— ““242A Strategic Health Authorities: further duty to involve users (1) The Secretary of State must by regulations require each Strategic Health Authority to make arrangements which secure that health service users are, directly or through representatives, involved (whether by being consulted or provided with information, or in other ways) in prescribed matters. (2) In this section ““health service users”” means persons to whom health services are being or may be provided in the area of the Strategic Health Authority. (3) A Strategic Health Authority must have regard to any guidance given by the Secretary of State as to the discharge of the authority’s duty under regulations under this section. (4) The guidance mentioned in subsection (3) includes (in particular)— (a) guidance given by the Secretary of State as to the form to be taken by involvement under the authority’s arrangements, and (b) guidance so given as to when, or how often, such involvement is to be carried out. (5) Any duty of a Strategic Health Authority under regulations under this section is in addition to the authority’s duty under section 242(1B). 242B Directions in cases where Strategic Health Authority arranges involvement (1) The Secretary of State may make regulations enabling a Strategic Health Authority, in circumstances mentioned in subsection (2), to direct a Primary Care Trust that persons who would otherwise be involved in a particular matter under arrangements made by the Primary Care Trust under section 242 are not to be involved in that matter under those arrangements. (2) The circumstances referred to in subsection (1) are where the persons concerned are to be involved (whether by the Strategic Health Authority, by the Strategic Health Authority and the Primary Care Trust acting jointly, or otherwise) under arrangements made or to be made by the Strategic Health Authority. (3) Regulations under this section may include provision— (a) for the consequences of compliance with a direction, including provision that a Primary Care Trust is not to be taken to have failed to comply with its duty under section 242(1B) by reason of compliance with a direction, (b) enabling a direction to be given where involvement under arrangements made by the Primary Care Trust has already begun, and as to the provision that may be made by the direction in such a case, (c) requiring prescribed information to be provided by a Primary Care Trust to a Strategic Health Authority, (d) requiring prescribed information to be provided by a Strategic Health Authority to a Primary Care Trust, (e) enabling a Strategic Health Authority to direct a Primary Care Trust to act jointly with the Strategic Health Authority in carrying out involvement.”””” [Amendments Nos. 219ZAA and 219ZAB, as amendments to Amendment No. 219ZA, not moved.] On Question, Amendment No. 219ZA agreed to. Clause 237 [Primary Care Trusts: reports on consultation]: