Health and Social Care Bill (HL Bill 119)

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

(3) In subsection (2)(c), in each of sub-paragraphs (i) and (ii), for “relevant
5functions of the committee” substitute “relevant functions exercisable by the
committee”.

(4) 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
10committee by virtue of arrangements under regulations under
subsection (2)(a), the local authority may not discharge the function.”

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

(6) Section 246 of that Act (exempt information) is amended in accordance with
subsections (7) to (9).

(7) 15In 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).”

(8) In subsection (5) for “overview and scrutiny committees” substitute “local
20authorities”.

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

(10) Section 247 of that Act (application to the City of London) is amended in
25accordance with subsections (11) to (13).

(11) 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).”

(12) 30In subsection (2)—

(a) for the words from the beginning to “apply” substitute “Section
245(2)(b) and (c) applies”, and

(b) omit the words from “and as if” to the end of the subsection.

(13) In subsection (4)—

(a) 35for “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.”

(14) 40Omit section 247A (application to local authorities without overview and
scrutiny committees).

(15) In consequence of the amendments made by subsections (2), (7), (11), (13)(a)
and (14), paragraphs 75(2), 76, 77(2) and (5)(a) and 78 of Schedule 3 to the
Localism Act 2011 are omitted.

Joint strategic needs assessments and strategies

191 Joint strategic needs assessments

(1) Section 116 of the Local Government and Public Involvement in Health Act
2007 (health and social care: joint strategic needs assessments) is amended as
5follows.

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

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

(3) In subsection (6)—

(a) for “for which a partner PCT acts” substitute “of a partner clinical
10commissioning group”,

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

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

(4) In subsection (7)—

(a) 15in paragraph (a)(ii) for “the partner PCT” substitute “the partner
clinical commissioning group or the National Health Service
Commissioning Board”, and

(b) in paragraph (b)(i) for “the partner PCT” substitute “the partner clinical
commissioning group or the National Health Service Commissioning
20Board”.

(5) In subsection (8)—

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

(b) after paragraph (b) (but before the “and” immediately following it)
25insert—

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

(6) 30After subsection (8) insert—

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

(7) In subsection (9)—

(a) 35for the definition of “partner PCT” substitute—

• ““partner clinical commissioning group”, in relation to a
  responsible local authority, means any clinical
  commissioning 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) for “the area for which the partner PCT acts”
substitute “the area of the clinical
45commissioning group”.

192 Joint health and wellbeing strategies

After 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) 5This 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
10included in the assessment by the exercise of functions of the authority,
the National Health Service Commissioning Board or the clinical
commissioning 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,
15in particular, consider the extent to which the needs could be met more
effectively by the making of arrangements under section 75 of the
National 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
20have regard to—

(a) the mandate published by the Secretary of State under section
13A 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
25authority and each of its partner clinical commissioning groups must—

(a) involve the Local Healthwatch organisation for the area of the
responsible 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
30it under this section.

(7) The responsible local authority and each of its partner clinical
commissioning 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
35arrangements for the provision of health services and social care
services in that area.

(8) In this section and section 116B—

(a) “partner clinical commissioning group”, in relation to a
responsible local authority, has the same meaning as in section
40116, and

(b) “health services”, “health-related services” and “social care
services” have the same meanings as in section 194 of the Health
and Social Care Act 2012.

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
to—

(a) 5any 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) any joint health and wellbeing strategy prepared by them under
10section 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
15local 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.”

20Health and Wellbeing Boards: establishment

193 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,
25nominated 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
30the 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) 35in 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
40addition 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
45on 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) 5At 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) 10A 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) But regulations may provide that any enactment relating to a committee
15appointed 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) In this section—

(a) 20“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
Local Government Act 2000;

(c) 25“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 194 to 198, “local authority” means—

(a) a county council in England;

(b) 30a 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) the Common Council of the City of London in its capacity as a local
35authority.

Health and Wellbeing Boards: functions

194 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
40provision 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
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
5Health and Wellbeing Board.

(4) A 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) 10Any 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) In this section—

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

• 15“health services” means services that are provided as part of the health
  service 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
  20social services functions of local authorities (within the meaning of the
  Local Authority Social Services Act 1970).

195 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
25Involvement in Health Act 2007 (“the 2007 Act”) are to be exercised by the
Health 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
30its opinion on whether the authority is discharging its duty under section 116B
of 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

196 35Participation of NHS Commissioning Board

(1) Subsection (2) applies where a Health and Wellbeing Board is (by virtue of
section 195(1)) preparing—

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

(b) 40a 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

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
matter that relates to the exercise or proposed exercise of the commissioning
5functions 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
Wellbeing Board for the purpose of participating in its consideration of the
10matter.

(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—

• 15“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;

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

197 20Discharge 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) any of their functions to be exercisable by a joint sub-committee of the
Boards;

(c) 25a joint sub-committee of the Boards to advise them on any matter
related to the exercise of their functions.

198 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
30such 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
virtue of section 193(2)(e) to (g) or (8);

(c) any person who is a member of a Health and Wellbeing Board by virtue
35of section 193(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) Information 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
40its functions.

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

(a) a 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

199 Care Trusts

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

(a) 5in 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
body and the local authority concerned consider”,

(d) 10in 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
15authority may jointly”.

(2) After 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) 20the reasons why they consider that the proposed
designation 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) 25consult on the proposed designation in accordance with
regulations.

(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) 30Omit subsections (2) and (3) of that section.

(4) In 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) 35for “so specified” substitute “so agreed”, and

(d) at 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
40and the local authority may jointly revoke that designation.

(5A) Before 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
persons of the revocation.”

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

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

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

“(5D) Where a duty is imposed by or by virtue of this section on a body and
10a 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) 15Omit subsection (6) of that section.

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

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

(a) omit paragraph (a),

(b) omit paragraph (b),

(c) 20omit paragraph (c), and

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

(11) In 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
25“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
NHS 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) 30A Primary Care Trust or NHS trust which, after the commencement of
subsection (5), has its designation as a Care Trust revoked must notify the
Secretary 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
35applies to the revocation of designations—

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

(b) in relation to NHS trusts, until the commencement of section 178.

CHAPTER 3 The Health Service Commissioner for England

200 Disclosure of reports etc. by the Health Service Commissioner

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

“(2I) 5Where 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 10Primary care services

201 Medical services: minor amendments

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

(2) 15In 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
under section 92 of that Act for the provision of primary medical services), in
the definition of “qualifying body” in subsection (3), before “legally and
20beneficially” insert “both”.

202 Persons eligible to enter into general dental services contracts

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

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

(3) 25After that subsection insert “,

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

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

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

(5) 30After 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) subsection (3A) or (3B) applies.”

(6) After subsection (3) insert—

“(3A) 35This subsection applies if a partner or member who is a dental
practitioner, or who falls within subsection (3C), has the power to