ANNEX A: Outline of the existing law relating to the NHS(12) Miscellaneous Involvement and representation of the public
257.Section 20 of, and Schedule 7 to, the 1977 Act provide for CHCs.  CHCs have the function of representing the interests in the health service of the public in its district.  By virtue of regulations under paragraph 2 of Schedule 7, and the provisions of the 1977 and 1990 Acts relating to the establishment of PCTs and NHS trusts, CHCs must be consulted by the Secretary of State or HAs on various proposals relating to the health service in a CHC’s district.
258.The HSC Act made a number of additions to these arrangements.  Sections 7 to 10 of the Act provide for the scrutiny of health service provision by Local Authority overview and scrutiny committees established under the Local Government Act 2000.  Section 11 imposes a duty on NHS bodies to make arrangements with a view to securing that the public (or their representatives) are involved in and consulted on the planning of NHS services, proposals for changes in the way services are provided and decisions affecting the operation of those services.  Section 12 inserts a new section 19A in the 1977 Act, imposing on the Secretary of State a duty to provide “independent advocacy services,” i.e. services providing assistance (by way of representation or otherwise) to individuals making or intending to make complaints under the various NHS complaints procedures.  None of these sections have yet been brought into force.