(a) for “for which a partner PCT acts” substitute “of a partner clinical
commissioning group”,

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

(c) 5after “a need” insert “or to be likely to be a need”.

(4) In subsection (7)—

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

(b) 10in paragraph (b)(i) for “the partner PCT” substitute “the partner clinical
commissioning group or the National Health Service Commissioning
Board”.

(5) In subsection (8)—

(a) for “each partner PCT” substitute “each of its partner clinical
15commissioning groups”, and

(b) after 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) 20involve the people who live or work in that area;”, and

(c) in 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 clinical commissioning group may consult any
25person it thinks appropriate.”

(7) In subsection (9)—

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

• ““partner clinical commissioning group”, in relation to a
  responsible local authority, means any clinical
  30commissioning group 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 clinical commissioning group\xd3 , and \t(ii)\t for \xd2 the area for which the partner PCT acts\xd3 substitute \xd2 the area of the clinical commissioning group\xd3 . ]

(i) for “a partner PCT” substitute “a partner clinical
commissioning group”, and

(ii) 35for “the area for which the partner PCT acts”
substitute “the area of the clinical
commissioning group”.

190 Joint health and wellbeing strategies

After section 116 of the Local Government and Public Involvement in Health
40Act 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
partner clinical commissioning groups.

(2) The responsible local authority and each of its partner clinical
commissioning groups 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 clinical
5commissioning groups (“a joint health and wellbeing strategy”).

(3) In preparing a strategy under this section, the responsible local
authority and each of its partner clinical commissioning groups 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
10National 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 clinical commissioning groups must
have regard to—

(a) the mandate published by the Secretary of State under section
1513A 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 clinical commissioning groups must—

(a) involve the Local Healthwatch organisation for the area of the
20responsible 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 clinical
25commissioning groups 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) 30In this section and section 116B—

(a) “partner clinical commissioning group”, 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
35services” have the same meanings as in section 192 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 clinical
commissioning groups must, in exercising any functions, have regard
40to—

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

(b) 45any joint health and wellbeing strategy prepared by them under
section 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
5local authority and each of its partner clinical commissioning
groups 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.”

10Health and Wellbeing Boards: establishment

191 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,
15nominated 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
20the local authority,

(f) a representative of each relevant clinical commissioning group, 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) 25in 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
30addition 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) A relevant clinical commissioning group must appoint a person to represent it
35on the Health and Wellbeing Board.

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

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

(9) 40At 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 clinical commissioning group must co-operate with the Health and
Wellbeing 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) 5But 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) 10In 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
15Local Government Act 2000;

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

(14) In this section and in sections 192 to 196, “local authority” means—

(a) 20a 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) 25the Common Council of the City of London in its capacity as a local
authority.

Health and Wellbeing Boards: functions

192 Duty to encourage integrated working

(1) A Health and Wellbeing Board must, for the purpose of advancing the health
30and wellbeing of the people in its area, encourage persons who arrange for the
provision 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
35encouraging the making of arrangements under section 75 of the National
Health 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) 40A Health and Wellbeing Board may encourage persons who arrange for the
provision 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
45reference to the area of the local authority that established it.

(6) In 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
  5service in England;

• “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
  10Local Authority Social Services Act 1970).

193 Other functions of Health and Wellbeing Boards

(1) The functions of a local authority and its partner clinical commissioning
groups 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
15Health and Wellbeing Board established by the local authority.

(2) A 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
20of the 2007 Act.

(4) The 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

194 Participation of NHS Commissioning Board

(1) 25Subsection (2) applies where a Health and Wellbeing Board is (by virtue of
section 193(1)) preparing—

(a) an 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) 30The National Health Service Commissioning Board must appoint a
representative to join the Health and Wellbeing Board for the purpose of
participating 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
35matter that relates to the exercise or proposed exercise of the commissioning
functions of the National Health Service Commissioning Board in relation to
the 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
40Wellbeing Board for the purpose of participating in its consideration of the
matter.

(5) The 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
  Commissioning Board, means the functions of the Board in arranging
  for the provision of services as part of the health service in England;

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

195 Discharge of functions of Health and Wellbeing Boards

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

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

(b) 10any 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
related to the exercise of their functions.

196 Supply of information to Health and Wellbeing Boards

(1) 15A 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) the local authority that established the Health and Wellbeing Board;

(b) any person who is represented on the Health and Wellbeing Board by
20virtue of section 191(2)(e) to (g) or (8);

(c) any person who is a member of a Health and Wellbeing Board by virtue
of section 191(2)(g) or (8) but is not acting as a representative.

(2) A person who is requested to supply information under subsection (1) must
comply with the request.

(3) 25Information supplied to a Health and Wellbeing Board under this section may
be used by the Board only for the purpose of enabling or assisting it to perform
its functions.

(4) Information requested under subsection (1) must be information that relates
to—

(a) 30a function of the person to whom the request is made, or

(b) a person in respect of whom a function is exercisable by that person.

Care Trusts

197 Care Trusts

(1) In section 77 of the National Health Service Act 2006 (Care Trusts), in
35subsection (1)—

(a) in paragraph (a), after “an NHS trust” insert “or a clinical
commissioning group or an NHS foundation trust”,

(b) omit the “and” preceding paragraph (b),

(c) in paragraph (b), for “the Secretary of State considers” substitute “the
40body and the local authority concerned consider”,

(d) in that paragraph, for “a local authority” substitute “the local
authority”,

(e) after paragraph (b,) insert “, and

(c) the requirements in subsection (1A) are satisfied,”, and

(f) for “the Secretary of State may” substitute “the body and the local
authority may jointly”.

(2) 5After that subsection insert—

“(1A) The body and the local authority must, before designating the body as
a Care Trust under this section—

(a) publish in the prescribed form and manner—

(i) the reasons why they consider that the proposed
10designation would be likely to have the result
mentioned in subsection (1)(b), and

(ii) information about the proposed governance
arrangements of the Care Trust, and

(b) consult on the proposed designation in accordance with
15regulations.

(1B) Where a body has been designated as a Care Trust under this section,
the body and the local authority must notify prescribed persons of the
designation.”

(3) Omit subsections (2) and (3) of that section.

(4) 20In subsection (4) of that section—

(a) for “The direction is that while the body is designated it” substitute “A
body designated as a Care Trust under this section”,

(b) for “specified in the direction” substitute “agreed”,

(c) for “so specified” substitute “so agreed”, and

(d) 25at the end insert “; and “agreed” means agreed by the body and the local
authority”.

(5) For subsection (5) of that section substitute—

“(5) Where a body is designated as a Care Trust under this section, the body
and the local authority may jointly revoke that designation.

(5A) 30Before revoking a designation as a Care Trust under this section, the
body and the local authority must consult on the proposed revocation
of the designation in accordance with regulations.

(5B) Where the designation of a body as a Care Trust under this section has
been revoked, the body and the local authority must notify prescribed
35persons of the revocation.”

(6) After subsection (5B) of that section insert—

“(5C) Regulations under subsection (1A)(b) or (5A) may include provision
requiring a body and a local authority to publish prescribed
information following a consultation.”

(7) 40After subsection (5C) of that section insert—

“(5D) Where a duty is imposed by or by virtue of this section on a body and
a local authority, they may make arrangements for the function to be
discharged—

(a) by both of them acting jointly,

(b) by each of them acting separately, or

(c) by one of them acting on behalf of both of them.”

(8) Omit subsection (6) of that section.

(9) Omit subsection (7) of that section.

(10) 5In subsection (9) of that section—

(a) omit paragraph (a),

(b) omit paragraph (b),

(c) omit paragraph (c), and

(d) in paragraph (d), for “subsection (3)” substitute “subsection (4)”.

(11) 10In subsection (10) of that section, after “NHS trust” insert “or clinical
commissioning group or NHS foundation trust”.

(12) In subsection (12) of that section, in the definition of “NHS functions” after
“NHS trust” insert “or clinical commissioning group or NHS foundation trust”.

(13) Subsections (1)(e) and (2) do not apply in relation to a Primary Care Trust or an
15NHS trust which has satisfied any requirement in relation to consultation
imposed by virtue of subsection (9) of section 77 of the National Health Service
Act 2006 before the commencement of those subsections.

(14) A Primary Care Trust or NHS trust which, after the commencement of
subsection (5), has its designation as a Care Trust revoked must notify the
20Secretary of State of that revocation.

(15) Despite the repeal of subsection (6) of section 77 of the National Health Service
Act 2006 by subsection (8), that subsection continues to have effect so far as it
applies to the revocation of designations—

(a) in relation to Primary Care Trusts, until the commencement of section
2531, and

(b) in relation to NHS trusts, until the commencement of section 176.

CHAPTER 3 The Health Service Commissioner for England

198 Disclosure of reports etc. by the Health Service Commissioner

In section 14 of the Health Service Commissioners Act 1993 (reports etc. by the
30Commissioner), after subsection (2H) insert—

“(2I) Where the Commissioner is required by this section to send a report or
statement of reasons to certain persons, the Commissioner may send
the report or statement to such other persons as the Commissioner
thinks appropriate.”

Part 6 Primary care services

199 Medical services: minor amendments

(1) In section 86 of the National Health Service Act 2006 (persons eligible to enter
5into general medical services contracts), in subsection (3), in paragraphs (a)
and (b), before “legally and beneficially” insert “both”.

(2) In section 89 of that Act (general medical services contracts: required terms), in
subsection (3), for “may make” substitute “must make”.

(3) In section 93 of that Act (persons with whom arrangements may be made
10under section 92 of that Act for the provision of primary medical services), in
the definition of “qualifying body” in subsection (3), before “legally and
beneficially” insert “both”.

200 Persons eligible to enter into general dental services contracts

(1) Section 102 of the National Health Service Act 2006 (persons eligible to enter
15into general dental services contracts) is amended as follows.

(2) In subsection (1), in paragraph (c), for “individuals” substitute “persons”.

(3) After that subsection insert “,

(d) a limited liability partnership where the conditions in
subsection (2A) are satisfied.”

(4) 20In subsection (2), for paragraph (b) substitute—

“(b) subsection (3A) or (3B) applies.”

(5) After that subsection insert—

“(2A) The conditions referred to in subsection (1)(d) are that—

(a) at least one member is a dental practitioner, and

(b) 25subsection (3A) or (3B) applies.”

(6) After subsection (3) insert—

“(3A) This subsection applies if a partner or member who is a dental
practitioner, or who falls within subsection (3C), has the power to
secure that the partnership’s affairs are conducted in accordance with
30that partner’s or member’s wishes.

(3B) This subsection applies if, in any combination of partners or members
who, acting together, have the power (or who, if they were to act
together, would have the power) to secure that the partnership’s affairs
are conducted in accordance with their wishes, at least one of them is a
35dental practitioner or a person who falls within subsection (3C).”

(7) After subsection (3B) insert—

“(3C) A person falls within this subsection if the person is—

(a) an NHS employee,

(b) a section 92 employee, section 107 employee, section 50
40employee, section 64 employee, section 17C employee or Article
15B employee,

(c) a health care professional who is engaged in the provision of
services under this Act or the National Health Service (Wales)
Act 2006, or

(d) an individual falling within section 108(1)(d).”

201 5Arrangements under section 107 of the National Health Service Act 2006

(1) Section 108 of the National Health Service Act 2006 (persons with whom
section 107 arrangements may be made) is amended as follows.

(2) In subsection (1)—

(a) before “make an agreement” insert “, subject to such conditions as may
10be prescribed,”,

(b) in each of paragraphs (b) and (c), omit “who meets the prescribed
conditions”,

(c) for paragraph (f) substitute—

“(f) a dental corporation,”, and

(d) 15after paragraph (f) insert—

“(fa) a company limited by shares where the conditions in
subsection (1A) are satisfied,

(fb) a limited liability partnership where subsection (1B) or
(1C) is satisfied,”.

(3) 20After subsection (1) insert—

“(1A) The conditions referred to in subsection (1)(fa) are that—

(a) every person who owns a share in the company owns it both
legally and beneficially, and

(b) it is not possible for two or more members of the company who
25are not persons who fall within subsection (1)(a) to (e) to hold
the majority of the voting rights conferred by shares in the
company on any matter on which members have such rights.”

(4) After subsection (1A) insert—

“(1B) This subsection applies if a member of the partnership who falls within
30subsection (1)(a) to (e) has the power to secure that the partnership’s
affairs are conducted in accordance with that member’s wishes.

(1C) This subsection applies if, in any combination of members of the
partnership who, acting together, have the power (or who, if they were
to act together, would have the power) to secure that the partnership’s
35affairs are conducted in accordance with their wishes, at least one of
them falls within subsection (1)(a) to (e).”

(5) Omit subsection (2).

(6) In subsection (3)—

(a) at the appropriate place insert—

• 40““dental corporation”” means a body corporate which is
  carrying on the business of dentistry in accordance with
  the Dentists Act 1984,”, and

(b) omit the definition of “qualifying body”.