Commentary on Sections Local involvement networks Section 225: Duties of services-providers to allow entry by local involvement networks
529.This section places a duty on the Secretary of State to make regulations imposing a duty on services-providers to allow authorised representatives of local involvement networks to enter and view, and observe the carrying on of activities on, premises owned or controlled by services-providers. Such visits will enable local involvement networks to carry on, in particular, their activities in connection with the scrutiny and monitoring of local care services. Before making these regulations the Secretary of State must consult with appropriate persons.
530.Subsections (2) and (3) provide that the regulations may include provisions which place conditions, restrictions and limitations on the duty to allow entry by local involvement networks. This will allow the regulations to limit local involvement networks’ access to certain premises or in relation to certain activities to ensure patient safety and dignity or to ensure that their viewing of a facility is appropriate to the carrying on of local involvement networks’ activities. Regulations could, for example, limit access to an operating theatre when an operation is taking place. These provisions may require certain conditions to be satisfied before any duty arises, may describe those authorised representatives to whom the duty may or may not apply, may limit the numbers to whom the duty applies or may limit hours during which the duty applies.
531.Subsection (4) provides that any authorised representative entering premises as a result of these regulations must comply with all applicable conditions and restrictions imposed by the regulations.