organisation concerned of services under arrangements made under
section 223A.”

(5) In subsection (3)—

(a) after paragraph (a) insert “and”,

(b) 5in paragraph (b)—

(i) omit the words from “, if it is” to “(2)(a)(ii)),”, and

(ii) in sub-paragraph (i), for “H in respect of the network” substitute
“the Local Healthwatch organisation or H in respect of the
organisation”, and

(c) 10omit paragraph (c) and the preceding “and”.

(6) In subsection (4)—

(a) after paragraph (a) insert—

“(aa) the National Health Service Commissioning Board;

(ab) each commissioning consortium, whose area or any part
15of whose area falls within the area of the local
authority;”;

(b) after paragraph (ca) insert—

“(cb) the Healthwatch England committee of the Care Quality
Commission;”, and

(c) 20omit paragraph (d) (but not the following “and”).

(7) In subsection (5)—

(a) in paragraph (a)—

(i) omit the words from the beginning to “(2)(a)(ii)),”,

(ii) for “the network” substitute “the Local Healthwatch
25organisation”, and

(iii) after “carried on” insert “under or”, and

(b) omit paragraph (b) and the “and” preceding it.

(8) Omit subsections (6) to (8).

(9) For the title to section 227 substitute “Local Healthwatch organisations: annual
30reports”.

192 Transitional arrangements

(1) This section applies where arrangements made under section 221 of the Local
Government and Public Involvement in Health Act 2007 (“the 2007 Act”)
before the commencement of this Chapter provide for the arrangements to
35come to an end at a time that falls after that commencement.

(2) The Secretary of State may make a scheme providing for the transfer from the
person with whom the local authority in question made the arrangements of
property, rights and liabilities to the body established in consequence of
section 220A of the 2007 Act (as inserted by section 185 of this Act) as the Local
40Healthwatch organisation for the local authority’s area.

(3) A scheme under this section may include any provision which may be made in
a scheme under section 226A of the 2007 Act (inserted by section 190).

(4) A scheme under this section may include provision requiring the local
authority to pay compensation to the transferor; and for that purpose the
45scheme may—

(a) impose a duty on the local authority to determine the amount of the
compensation;

(b) confer power on the Secretary of State to do so.

(5) Omit section 228 of the Local Government and Public Involvement in Health
5Act 2007 (previous transitional arrangements).

CHAPTER 2 Local government

Scrutiny functions of local authorities

193 Scrutiny functions of local authorities

(1) Section 244 of the National Health Service Act 2006 is amended as follows.

(2) 10In subsection (2)—

(a) omit “an overview and scrutiny committee of”,

(b) for “the committee” (in each place where it occurs) substitute “the
authority”,

(c) for “local NHS bodies” (in each place where it occurs) substitute
15“relevant NHS bodies or relevant NHS providers”,

(d) for “local NHS body” (in each place where it occurs except paragraph
(f)) substitute “relevant NHS body or relevant NHS provider”,

(e) omit the words in brackets in paragraph (c), and

(f) in subsection (f) for “any officer of a local NHS body” substitute “any
20member or employee of a relevant NHS body, or a relevant NHS
provider or member or employee of a relevant NHS provider,”.

(3) After subsection (2) insert—

“(2ZA) If (by virtue of subsection (2)(c)) regulations make provision as to
matters on which relevant NHS bodies or relevant NHS providers must
25consult the authority, the regulations may also make provision—

(a) as to circumstances in which the authority may refer any of
those matters to the Secretary of State, the regulator or the
Board;

(b) conferring powers on the Secretary of State to give directions to
30the Board in relation to a matter referred to the Secretary of State
by virtue of regulations under paragraph (a);

(c) conferring powers on the Board to give directions to a
commissioning consortium in relation to a matter so referred;

(d) conferring powers on the Board to give directions to a
35commissioning consortium in relation to a matter referred to
the Board by virtue of regulations under paragraph (a);

(e) conferring powers on the Secretary of State to give directions to
the Board as to the exercise of its powers by virtue of regulations
under paragraph (c) or (d).

(2ZB) 40The powers that may be conferred under any of paragraphs (b) to (d) of
subsection (2ZA) include powers to require the person to whom the
direction is given—

(a) to consult (or consult further) with the authority on the matter
in question;

(b) to determine the matter in a particular way;

(c) to take, or not to take, any other steps in relation to the matter.

(2ZC) 5If (by virtue of subsection (2ZA)(a)) regulations make provision for an
authority to refer a matter to the Secretary of State, the regulator or the
Board, the regulations may also provide for any provision of section
101 of the Local Government Act 1972—

(a) not to apply in relation to the discharge by the authority of that
10function, or

(b) to apply in relation to its discharge with such modifications as
may be prescribed.

(2ZD) Regulations under this section may authorise a local authority to
arrange for its functions under the regulations to be discharged by an
15overview and scrutiny committee of the authority.”

(4) For subsection (3) substitute—

“(3) For the purposes of subsections (2) and (2ZA)—

• “relevant NHS body” means an NHS body other than a Special
  Health Authority which is prescribed for those purposes in
  20relation to the authority;

• “relevant NHS provider” means a body or person which provides
  services under this Act in pursuance of arrangements made by
  the Board or a commissioning consortium and is prescribed, or
  is of a description prescribed, for those purposes in relation to
  25the authority.”

(5) After subsection (3) insert—

“(3A) In subsection (2)(f) the reference to a member—

(a) in relation to an NHS foundation trust, is to be read as a
reference to a director of the trust, and

(b) 30in relation to a member that is a body includes a reference to any
member or employee of the body.”

(6) For the heading to section 244 substitute “Review and scrutiny by local
authorities”.

(7) For the title to Chapter 3 of Part 12 of the National Health Service Act 2006
35substitute “Review and scrutiny by local authorities”.

(8) Until the coming into force of paragraph 26 of Schedule 3 to the Localism Act
2011, section 21 of the Local Government Act 2000 (overview and scrutiny
committees) is amended as follows—

(a) in subsection (2)(f)—

(i) 40omit “section 244 of the National Health Service Act 2006 or”,

(ii) for “either of those sections” substitute “that section”,

(iii) for “the Act concerned” substitute “that Act”, and

(iv) for “the section concerned” substitute “that section”,

(b) omit subsection (2A)(a) and (b), and

(c) 45in subsection (4) at the end insert “or under section 244(2ZD) of the
National Health Service Act 2006.”

(9) In section 9F of the Local Government Act 2000 (overview and scrutiny
committees) (as inserted by Schedule 2 to the Localism Act 2011)—

(a) omit subsection (2)(f),

(b) omit subsection (3)(a) and (b), and

(c) 5in subsection (5) omit the word “or” following paragraph (b) and after
paragraph (c) insert “or

(d) any functions which may be conferred on it by virtue of
regulations under section 244(2ZD) of the National
Health Service Act 2006 (local authority scrutiny of
10health matters).”

194 Amendments consequential on section 193

(1) Section 245 of the National Health Service Act 2006 (joint overview and
scrutiny committees) is amended in accordance with subsections (2) to (4).

(2) In subsection (1) for the words from “relevant functions” to the end of the
15subsection substitute ““relevant functions” means functions under regulations
under section 244(2) to (2ZC).”.

(3) After subsection (4) insert—

“(4A) The regulations may provide that, where a relevant function in relation
to a local authority is exercisable by a joint overview and scrutiny
20committee by virtue of arrangements under regulations under
subsection (2)(a), the local authority may not discharge the function.”

(4) Omit subsections (5) and (9).

(5) Section 246 of that Act (exempt information) is amended in accordance with
subsections (6) to (8).

(6) 25In subsection (1) for the words from “a meeting of” to the end of the subsection
substitute “a meeting of a local authority or a committee of a local authority
which is an item relating to functions of the authority under regulations under
section 244(2) to (2ZC).”

(7) In subsection (5) for “overview and scrutiny committees” substitute “local
30authorities”.

(8) In the heading to section 246 for “Overview and scrutiny committees”
substitute “Business relating to functions of local authorities by virtue of
section 244”.

(9) Section 247 of that Act (application to the City of London) is amended in
35accordance with subsections (10) to (12).

(10) For subsection (1) substitute—

“(1) This section applies to a committee of the Common Council appointed
to exercise functions that the Council has under regulations under
section 244(2) to (2ZC).”

(11) 40In subsection (2), for the words from the beginning to “apply” substitute
“Section 245(2)(b) and (c) applies”.

(12) In subsection (4)—

(a) for “subsections (2) to (3A)” substitute “subsections (3) and (3A)”, and

(b) for the words from “in the case of the committee” to the end of the
subsection substitute “in the case of a committee to which this section
applies, references to functions under regulations under section 244(2)
to (2ZC) which are exercisable by the committee.”

(13) 5In consequence of the amendments made by subsections (2) and (6),
paragraphs 84(2) and 85 of Schedule 3 to the Localism Act 2011 are omitted.

Joint strategic needs assessments and strategies

195 Joint strategic needs assessments

(1) Section 116 of the Local Government and Public Involvement in Health Act
102007 (health and social care: joint strategic needs assessments) is amended as
follows.

(2) In subsection (4), for paragraph (b) substitute—

“(b) each of its partner commissioning consortia,”.

(3) In subsection (6)—

(a) 15for “for which a partner PCT acts” substitute “of a partner
commissioning consortium”,

(b) for “the partner PCT” substitute “the partner commissioning
consortium”, and

(c) after “a need” insert “or to be likely to be a need”.

(4) 20In subsection (7)—

(a) in paragraph (a)(ii) for “the partner PCT” substitute “the partner
commissioning consortium or the National Health Service
Commissioning Board”, and

(b) in paragraph (b)(i) for “the partner PCT” substitute “the partner
25commissioning consortium or the National Health Service
Commissioning Board”.

(5) In subsection (8)—

(a) for “each partner PCT” substitute “each of its partner commissioning
consortia”, and

(b) 30after paragraph (b) (but before the “and” immediately following it)
insert—

“(ba) involve the Local Healthwatch organisation for the area
of the responsible local authority;

(bb) involve the people who live or work in that area;”, and

(c) 35in paragraph (c) for “consult” substitute “involve”.

(6) After subsection (8) insert—

“(8A) In preparing an assessment under this section, the responsible local
authority or a partner commissioning consortium may consult any
person it thinks appropriate.”

(7) 40In subsection (9)—

(a) for the definition of “partner PCT” substitute—

• ““partner commissioning consortium”, in relation to a
  responsible local authority, means any commissioning

  Health and Social Care BillPage 185

  consortium whose area coincides with or falls wholly or
  partly within the area of the authority;”, and

ERROR:This is very likely an error in markup in the FM document. [\t(b)\t in the definition of \xd2 relevant district council\xd3 , in paragraph (b) \t(i)\t for \xd2 a partner PCT\xd3 substitute \xd2 a partner commissioning consortium\xd3 , and \t(ii)\t for \xd2 the area for which the partner PCT acts\xd3 substitute \xd2 the area of the commissioning consortium\xd3 . ]

(i) for “a partner PCT” substitute “a partner
5commissioning consortium”, and

(ii) for “the area for which the partner PCT acts”
substitute “the area of the commissioning
consortium”.

196 Joint health and wellbeing strategies

10After section 116 of the Local Government and Public Involvement in Health
Act 2007 insert—

“116A Health and social care: joint health and wellbeing strategies

(1) This section applies where an assessment of relevant needs is prepared
under section 116 by a responsible local authority and each of its
15partner commissioning consortia.

(2) The responsible local authority and each of its partner commissioning
consortia must prepare a strategy for meeting the needs included in the
assessment by the exercise of functions of the authority, the National
Health Service Commissioning Board or the consortia (“a joint health
20and wellbeing strategy”).

(3) In preparing a strategy under this section, the responsible local
authority and each of its partner commissioning consortia must, in
particular, consider the extent to which the needs could be met more
effectively by the making of arrangements under section 75 of the
25National Health Service Act 2006 (rather than in any other way).

(4) In preparing a strategy under this section, the responsible local
authority and each of its partner commissioning consortia must have
regard to—

(a) the mandate published by the Secretary of State under section
3013A of the National Health Service Act 2006, and

(b) any guidance issued by the Secretary of State.

(5) In preparing a strategy under this section, the responsible local
authority and each of its partner commissioning consortia must—

(a) involve the Local Healthwatch organisation for the area of the
35responsible local authority, and

(b) involve the people who live or work in that area.

(6) The responsible local authority must publish each strategy prepared by
it under this section.

(7) The responsible local authority and each of its partner commissioning
40consortia may include in the strategy a statement of their views on how
arrangements for the provision of health-related services in the area of
the local authority could be more closely integrated with arrangements
for the provision of health services and social care services in that area.

(8) In this section and section 116B—

(a) “partner commissioning consortium”, in relation to a
responsible local authority, has the same meaning as in section
116, and

(b) “health services”, “health-related services” and “social care
5services” have the same meanings as in section 198 of the Health
and Social Care Act 2011.

116B Duty to have regard to assessments and strategies

(1) A responsible local authority and each of its partner commissioning
consortia must, in exercising any functions, have regard to—

(a) 10any assessment of relevant needs prepared by the responsible
local authority and each of its partner commissioning consortia
under section 116 which is relevant to the exercise of the
functions, and

(b) any joint health and wellbeing strategy prepared by them under
15section 116A which is so relevant.

(2) The National Health Service Commissioning Board must, in exercising
any functions in arranging for the provision of health services in
relation to the area of a responsible local authority, have regard to—

(a) any assessment of relevant needs prepared by the responsible
20local authority and each of its partner commissioning consortia
under section 116 which is relevant to the exercise of the
functions, and

(b) any joint health and wellbeing strategy prepared by them under
section 116A which is so relevant.”

25Health and Wellbeing Boards: establishment

197 Establishment of Health and Wellbeing Boards

(1) A local authority must establish a Health and Wellbeing Board for its area.

(2) The Health and Wellbeing Board is to consist of—

(a) subject to subsection (4), at least one councillor of the local authority,
30nominated in accordance with subsection (3),

(b) the director of adult social services for the local authority,

(c) the director of children’s services for the local authority,

(d) the director of public health for the local authority,

(e) a representative of the Local Healthwatch Organisation for the area of
35the local authority,

(f) a representative of each relevant commissioning consortium, and

(g) such other persons, or representatives of such other persons, as the
local authority thinks appropriate.

(3) A nomination for the purposes of subsection (2)(a) must be made—

(a) 40in the case of a local authority operating executive arrangements, by the
elected mayor or the executive leader of the local authority;

(b) in any other case, by the local authority.

(4) In the case of a local authority operating executive arrangements, the elected
mayor or the executive leader of the local authority may, instead of or in

addition to making a nomination under subsection (2)(a), be a member of the
Board.

(5) The Local Healthwatch Organisation for the area of the local authority must
appoint one person to represent it on the Health and Wellbeing Board.

(6) 5A relevant commissioning consortium must appoint a person to represent it on
the Health and Wellbeing Board.

(7) A person may, with the agreement of the Health and Wellbeing Board,
represent more than one commissioning consortium on the Board.

(8) The Health and Wellbeing Board may appoint such additional persons to be
10members of the Board as it thinks appropriate.

(9) At any time after a Health and Wellbeing Board is established, a local authority
must, before appointing another person to be a member of the Board under
subsection (2)(g), consult the Health and Wellbeing Board.

(10) A relevant commissioning consortium must co-operate with the Health and
15Wellbeing Board in the exercise of the functions of the Board.

(11) A Health and Wellbeing Board is a committee of the local authority which
established it and, for the purposes of any enactment, is to be treated as if it
were a committee appointed by that authority under section 102 of the Local
Government Act 1972.

(12) 20But regulations may provide that any enactment relating to a committee
appointed under section 102 of that Act of 1972—

(a) does not apply in relation to a Health and Wellbeing Board, or

(b) applies in relation to it with such modifications as may be prescribed in
the regulations.

(13) 25In this section—

(a) “enactment” includes an enactment contained in subordinate
legislation (within the meaning of the Interpretation Act 1978);

(b) “elected mayor”, “executive arrangements” and “executive leader”, in
relation to a local authority, have the same meaning as in Part 1A of the
30Local Government Act 2000;

(c) “relevant commissioning consortium”, in relation to a local authority,
means any commissioning consortium whose area coincides with or
falls wholly or partly within the area of the local authority.

(14) In this section and in sections 198 to 202, “local authority” means—

(a) 35a county council in England;

(b) a district council in England, other than a council for a district in a
county for which there is a county council;

(c) a London borough council;

(d) the Council of the Isles of Scilly;

(e) 40the Common Council of the City of London in its capacity as a local
authority.

Health and Wellbeing Boards: functions

198 Duty to encourage integrated working

(1) A Health and Wellbeing Board must, for the purpose of advancing the health
and wellbeing of the people in its area, encourage persons who arrange for the
5provision of any health or social care services in that area to work in an
integrated manner.

(2) A Health and Wellbeing Board must, in particular, provide such advice,
assistance or other support as it thinks appropriate for the purpose of
encouraging the making of arrangements under section 75 of the National
10Health Service Act 2006 in connection with the provision of such services.

(3) A Health and Wellbeing Board may encourage persons who arrange for the
provision of any health-related services in its area to work closely with the
Health and Wellbeing Board.

(4) A Health and Wellbeing Board may encourage persons who arrange for the
15provision of any health or social care services in its area and persons who
arrange for the provision of any health-related services in its area to work
closely together.

(5) Any reference in this section to the area of a Health and Wellbeing Board is a
reference to the area of the local authority that established it.

(6) 20In this section—

• “the health service” has the same meaning as in the National Health
  Service Act 2006;

• “health services” means services that are provided as part of the health
  service in England;

• 25“health-related services” means services that may have an effect on the
  health of individuals but are not health services or social care services;

• “social care services” means services that are provided in pursuance of the
  social services functions of local authorities (within the meaning of the
  Local Authority Social Services Act 1970).

199 30Other functions of Health and Wellbeing Boards

(1) The functions of a local authority and its partner commissioning consortia
under sections 116 and 116A of the Local Government and Public Involvement
in Health Act 2007 (“the 2007 Act”) are to be exercised by the Health and
Wellbeing Board established by the local authority.

(2) 35A local authority may arrange for a Health and Wellbeing Board established by
it to exercise any other functions of the authority.

(3) A Health and Wellbeing Board may give the local authority that established it
its opinion on whether the authority is discharging its duty under section 116B
of the 2007 Act.

(4) 40The power conferred by subsection (2) does not apply to the functions of the
authority by virtue of section 244 of the National Health Service Act 2006.

Health and Wellbeing Boards: supplementary

200 Participation of NHS Commissioning Board

(1) Subsection (2) applies where a Health and Wellbeing Board is (by virtue of
section 199(1)) preparing—

(a) 5an assessment of relevant needs under section 116 of the Local
Government and Public Involvement in Health Act 2007, or

(b) a strategy under section 116A of that Act.

(2) The National Health Service Commissioning Board must appoint a
representative to join the Health and Wellbeing Board for the purpose of
10participating in its preparation of the assessment or (as the case may be) the
strategy.

(3) Subsection (4) applies where a Health and Wellbeing Board is considering a
matter that relates to the exercise or proposed exercise of the commissioning
functions of the National Health Service Commissioning Board in relation to
15the area of the authority that established the Health and Wellbeing Board.

(4) If the Health and Wellbeing Board so requests, the National Health Service
Commissioning Board must appoint a representative to join the Health and
Wellbeing Board for the purpose of participating in its consideration of the
matter.

(5) 20The person appointed under subsection (2) or (4) may, with the agreement of
the Health and Wellbeing Board, be a person who is not a member or employee
of the National Health Service Commissioning Board.

(6) In this section—

• “commissioning functions”, in relation to the National Health Service
  25Commissioning Board, means the functions of the Board in arranging
  for the provision of services as part of the health service in England;

• “the health service” has the same meaning as in the National Health
  Service Act 2006.

201 Discharge of functions of Health and Wellbeing Boards

30Two or more Health and Wellbeing Boards may make arrangements for—

(a) any of their functions to be exercisable jointly;

(b) any of their functions to be exercisable by a joint sub-committee of the
Boards;

(c) a joint sub-committee of the Boards to advise them on any matter
35related to the exercise of their functions.

202 Supply of information to Health and Wellbeing Boards

(1) A Health and Wellbeing Board may, for the purpose of enabling or assisting it
to perform its functions, request any of the following persons to supply it with
such information as may be specified in the request—

(a) 40the local authority that established the Health and Wellbeing Board;

(b) any person who is represented on the Health and Wellbeing Board by
virtue of section 197(2)(e) to (g) or (8);

(c) any person who is a member of a Health and Wellbeing Board by virtue
of section 197(2)(g) or (8) but is not acting as a representative.