Health and Social Care Bill — Independent advocacy services — 14 Feb 2001

19A.--(1) It is the duty of the Secretary of State to arrange, to such extent as he considers necessary to meet all reasonable requirements, for the provision of independent advocacy services.

(2) "Independent advocacy services" are services providing assistance (by way of representation or otherwise) to individuals making or intending to make--

(a) a complaint under a procedure operated by a health service body or independent provider,

(b) a complaint to the Health Service Commissioner for England or the Health Service Commissioner for Wales,

(c) a complaint of a prescribed description which relates to the provision of services as part of the health service and

(i) is made under a procedure of a prescribed description, or

(ii) gives rise, or may give rise, to proceedings of a prescribed description.

(3) In subsection (2)--

"health service body" means a body which, under section 2(1) or (2) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England or the Health Service Commissioner for Wales;

"independent provider" means a person who, under section 2B(1) or (2) of that Act, is subject to such investigation.

(4) The Secretary of State may make such other arrangements as he thinks fit for the provision of assistance to individuals in connection with complaints relating to the provision of services as part of the health service.

(5) In making arrangements under this section the Secretary of State must have regard to the principle that the provision of services under the arrangements should, so far as practicable, be independent of any person who is the subject of a relevant complaint or is involved in investigating or adjudicating on such a complaint.

(6) Before making arrangements under this section in respect of complaints relating to the provision of any services, the Secretary of State shall consult--

(a) any relevant Patients' Council, and

(b) such other persons as he considers appropriate.

(7) A Patients' Council is, for the purposes of subsection (6)(a), a relevant Council if the services concerned are ones to which functions of a member Forum of the Council relate.

(8) The Secretary of State may make payments to any person in pursuance of arrangements under this section.".'.-- [Mr. Jamieson.]

Brought up, and read the First time.

Motion made, and Question put, That the clauses be read a Second time:--

The House divided: Ayes 335, Noes 124.

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