Health and Social Care Bill

Session 2010 - 12
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Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 2 — Local government
195

(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)
in subsection (4) at the end insert “or under section 244(2ZE) of the
National Health Service Act 2006.”
5
(10)
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)
in subsection (5) omit the word “or” following paragraph (a) and after
10
paragraph (b) insert “or
(c)
any functions which may be conferred on it by virtue of
regulations under section 244(2ZE) of the National
Health Service Act 2006 (local authority scrutiny of
health matters).”
15
191
Amendments consequential on section 190
(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
subsection substitute ““relevant functions” means functions under regulations
20
under section 244(2) to (2ZC).”
(3)
In subsection (2)(c), in each of sub-paragraphs (i) and (ii), for “relevant
functions of the committee” substitute “relevant functions exercisable by the
committee”.
(4)
After subsection (4) insert—
25
“(4A)
The regulations may provide that, where a relevant function in relation
to a local authority is exercisable by a joint overview and scrutiny
committee by virtue of arrangements under regulations under
subsection (2)(a), the local authority may not discharge the function.”
(5)
Omit subsections (5) and (9).
30
(6)
Section 246 of that Act (exempt information) is amended in accordance with
subsections (7) to (9).
(7)
In 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
35
section 244(2) to (2ZC).”
(8)
In subsection (5) for “overview and scrutiny committees” substitute “local
authorities”.
(9)
In the heading to section 246 for “Overview and scrutiny committees”
substitute “Business relating to functions of local authorities by virtue of
40
section 244”.
(10)
Section 247 of that Act (application to the City of London) is amended in
accordance with subsections (11) to (13).

Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 2 — Local government
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(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)
In subsection (2)—
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(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)
for “subsections (2) to (3A)” substitute “subsections (3) and (3A)”, and
10
(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)
Omit section 247A (application to local authorities without overview and
15
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
20
192
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
follows.
(2)
In subsection (4), for paragraph (b) substitute—
25
“(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
commissioning group”,
(b)
for “the partner PCT” substitute “the partner clinical commissioning
30
group”, and
(c)
after “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
35
Commissioning Board”, and
(b)
in paragraph (b)(i) for “the partner PCT” substitute “the partner clinical
commissioning group or the National Health Service Commissioning
Board”.
(5)
In subsection (8)—
40
(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)

Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 2 — Local government
197

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)
in paragraph (c) for “consult” substitute “involve”.
5
(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
person it thinks appropriate.”
(7)
In subsection (9)—
10
(a)
for 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
15
(b)
in the definition of “relevant district council”, in paragraph (b)—
(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
20
commissioning group”.
193
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
25
(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
30
included 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,
35
in 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
40
have 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.

Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 2 — Local government
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(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
responsible local authority, and
(b)
involve the people who live or work in that area.
5
(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
commissioning groups may include in the strategy a statement of their
views on how arrangements for the provision of health-related services
10
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 clinical commissioning group”, in relation to a
15
responsible local authority, has the same meaning as in section
116, and
(b)
“health services”, “health-related services” and “social care
services” have the same meanings as in section 195 of the Health
and Social Care Act 2012.
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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)
any assessment of relevant needs prepared by the responsible
25
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
section 116A which is so relevant.
30
(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
local authority and each of its partner clinical commissioning
35
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.”
Health and Wellbeing Boards: establishment
40
194
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,
nominated in accordance with subsection (3),
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Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 2 — Local government
199

(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
the local authority,
5
(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)
in the case of a local authority operating executive arrangements, by the
10
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
15
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
on the Health and Wellbeing Board.
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(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)
At any time after a Health and Wellbeing Board is established, a local authority
25
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
30
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
appointed under section 102 of that Act of 1972—
35
(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)
“enactment” includes an enactment contained in subordinate
40
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;

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Chapter 2 — Local government
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(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 195 to 199, “local authority” means—
(a)
a county council in England;
5
(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)
the Common Council of the City of London in its capacity as a local
10
authority.
Health and Wellbeing Boards: functions
195
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
15
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
encouraging the making of arrangements under section 75 of the National
20
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)
A Health and Wellbeing Board may encourage persons who arrange for the
25
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
reference to the area of the local authority that established it.
30
(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
service in England;
35
“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).
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196
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

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Part 5 — Public involvement and local government
Chapter 2 — Local government
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Involvement 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 functions that are exercisable by the authority.
(3)
A Health and Wellbeing Board may give the local authority that established it
5
its 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
10
197
Participation of NHS Commissioning Board
(1)
Subsection (2) applies where a Health and Wellbeing Board is (by virtue of
section 196(1)) preparing—
(a)
an assessment of relevant needs under section 116 of the Local
Government and Public Involvement in Health Act 2007, or
15
(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
participating in its preparation of the assessment or (as the case may be) the
strategy.
20
(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
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
25
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)
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
30
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;
35
“the health service” has the same meaning as in the National Health
Service Act 2006.
198
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;
40
(b)
any of their functions to be exercisable by a joint sub-committee of the
Boards;