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Joint strategic needs assessments and strategies |
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176 | Joint strategic needs assessments |
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(1) | Section 116 of the Local Government and Public Involvement in Health Act |
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2007 (health and social care: joint strategic needs assessments) is amended as |
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(2) | In subsection (4), for paragraph (b) substitute— |
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“(b) | each of its partner commissioning consortia,”. |
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(a) | for “for which a partner PCT acts” substitute “for which a partner |
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commissioning consortium is established”, |
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(b) | for “the partner PCT” substitute “the partner commissioning |
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(c) | after “a need” insert “or to be likely to be a need”. |
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(a) | in paragraph (a)(ii) for “the partner PCT” substitute “the partner |
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commissioning consortium or the National Health Service |
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Commissioning Board”, and |
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(b) | in paragraph (b)(i) for “the partner PCT” substitute “the partner |
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commissioning consortium or the National Health Service |
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(5) | In subsection (8) for “each partner PCT” substitute “each of its partner |
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commissioning consortia”. |
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(6) | After subsection (8) insert— |
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“(8A) | In preparing an assessment under this section, the responsible local |
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authority or a partner commissioning consortium may consult any |
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person it thinks appropriate.” |
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(a) | for the definition of “partner PCT” substitute— |
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““partner commissioning consortium”, in relation to a |
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responsible local authority, means any commissioning |
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consortium established for an area which coincides with |
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or falls wholly or partly within the area of the |
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(b) | in the definition of “relevant district council”, in paragraph (b)— |
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(i) | for “a partner PCT” substitute “a partner |
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commissioning consortium”, and |
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(ii) | for “the area for which the partner PCT acts” |
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substitute “the area for which the |
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commissioning consortium is established”. |
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177 | Joint health and wellbeing strategies |
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After section 116 of the Local Government and Public Involvement in Health |
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“116A | Health and social care: joint health and wellbeing strategies |
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(1) | This section applies where an assessment of relevant needs is prepared |
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under section 116 by a responsible local authority and each of its |
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partner commissioning consortia. |
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(2) | The responsible local authority and each of its partner commissioning |
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consortia must prepare a strategy for meeting the needs included in the |
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assessment by the exercise of functions of the authority, the National |
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Health Service Commissioning Board or the consortia (“a joint health |
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and wellbeing strategy”). |
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(3) | In preparing a strategy under this section, the responsible local |
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authority and each of its partner commissioning consortia must, in |
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particular, consider the extent to which the needs could be met more |
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effectively by the making of arrangements under section 75 of the |
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National Health Service Act 2006 (rather than in any other way). |
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(4) | In preparing a strategy under this section, the responsible local |
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authority and each of its partner commissioning consortia must have |
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regard to the mandate published by the Secretary of State under section |
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13A of the National Health Service Act 2006. |
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(5) | The responsible local authority must publish each strategy prepared by |
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(6) | The responsible local authority and each of its partner commissioning |
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consortia may include in the strategy a statement of their views on how |
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arrangements for the provision of health-related services in the area of |
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the local authority could be more closely integrated with arrangements |
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for the provision of health services and social care services in that area. |
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(7) | In this section and section 116B— |
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(a) | “partner commissioning consortium”, in relation to a |
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responsible local authority, has the same meaning as in section |
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(b) | “health services”, “health-related services” and “social care |
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services” have the same meanings as in section 179 of the Health |
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and Social Care Act 2011. |
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116B | Duty to have regard to assessments and strategies |
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(1) | A responsible local authority and each of its partner commissioning |
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consortia must, in exercising any relevant functions, have regard to— |
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(a) | the most recent assessment of relevant needs prepared by the |
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responsible local authority and each of its partner |
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commissioning consortia under section 116, and |
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(b) | the most recent joint health and wellbeing strategy prepared by |
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(2) | For the purposes of subsection (1), a function of a responsible local |
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authority or a partner commissioning consortium is a relevant function |
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if it could be exercised in a way that meets, or affects, to a significant |
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extent a need included in the most recent assessment under section 116. |
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(3) | The National Health Service Commissioning Board must, in exercising |
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any functions in arranging for the provision of health services in |
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relation to the area of a responsible local authority, have regard to the |
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documents mentioned in subsection (1)(a) and (b).” |
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Health and Wellbeing Boards: establishment |
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178 | Establishment of Health and Wellbeing Boards |
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(1) | A local authority must establish a Health and Wellbeing Board for its area. |
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(2) | The Health and Wellbeing Board is to consist of— |
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(a) | subject to subsection (4), at least one councillor of the local authority, |
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nominated in accordance with subsection (3), |
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(b) | the director of adult social services for the local authority, |
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(c) | the director of children’s services for the local authority, |
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(d) | the director of public health for the local authority, |
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(e) | a representative of the Local Healthwatch Organisation for the area of |
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(f) | a representative of each relevant commissioning consortium, and |
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(g) | such other persons, or representatives of such other persons, as the |
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local authority thinks appropriate. |
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(3) | A nomination for the purposes of subsection (2)(a) must be made— |
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(a) | in the case of a local authority operating executive arrangements, by the |
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elected mayor or the executive leader of the local authority; |
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(b) | in any other case, by the local authority. |
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(4) | In the case of a local authority operating executive arrangements, the elected |
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mayor or the executive leader of the local authority may, instead of or in |
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addition to making a nomination under subsection (2)(a), be a member of the |
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(5) | The Local Healthwatch Organisation for the area of the local authority must |
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appoint one person to represent it on the Health and Wellbeing Board. |
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(6) | A relevant commissioning consortium must appoint a person to represent it on |
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the Health and Wellbeing Board. |
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(7) | A person may, with the agreement of the Health and Wellbeing Board, |
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represent more than one commissioning consortium on the Board. |
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(8) | The Health and Wellbeing Board may appoint such additional persons to be |
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members of the Board as it thinks appropriate. |
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(9) | At any time after a Health and Wellbeing Board is established, a local authority |
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must, before appointing another person to be a member of the Board under |
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subsection (2)(g), consult the Health and Wellbeing Board. |
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(10) | A relevant commissioning consortium must co-operate with the Health and |
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Wellbeing Board in the exercise of the functions of the Board. |
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(11) | A Health and Wellbeing Board is a committee of the local authority which |
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established it and, for the purposes of any enactment, is to be treated as if it |
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were a committee appointed by that authority under section 102 of the Local |
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(12) | But regulations may provide that any enactment relating to a committee |
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appointed under section 102 of that Act of 1972— |
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(a) | does not apply in relation to a Health and Wellbeing Board, or |
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(b) | applies in relation to it with such modifications as may be prescribed in |
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(a) | “enactment” includes an enactment contained in subordinate |
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legislation (within the meaning of the Interpretation Act 1978); |
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(b) | “elected mayor”, “executive arrangements” and “executive leader”, in |
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relation to a local authority, have the same meaning as in Part 1A of the |
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Local Government Act 2000; |
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(c) | “relevant commissioning consortium”, in relation to a local authority, |
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means any commissioning consortium established for an area which |
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coincides with or falls wholly or partly within the area of the local |
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(14) | In this section and in sections 179 to 183, “local authority” means— |
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(a) | a county council in England; |
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(b) | a district council in England, other than a council for a district in a |
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county for which there is a county council; |
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(c) | a London borough council; |
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(d) | the Council of the Isles of Scilly; |
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(e) | the Common Council of the City of London in its capacity as a local |
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Health and Wellbeing Boards: functions |
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179 | Duty to encourage integrated working |
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(1) | A Health and Wellbeing Board must, for the purpose of advancing the health |
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and wellbeing of the people in its area, encourage persons who arrange for the |
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provision of any health or social care services in that area to work in an |
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(2) | A Health and Wellbeing Board must, in particular, provide such advice, |
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assistance or other support as it thinks appropriate for the purpose of |
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encouraging the making of arrangements under section 75 of the National |
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Health Service Act 2006 in connection with the provision of such services. |
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(3) | A Health and Wellbeing Board may encourage persons who arrange for the |
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provision of health-related services in its area to work closely with the Health |
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(4) | A Health and Wellbeing Board may encourage persons who arrange for the |
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provision of any health or social care services in its area and persons who |
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arrange for the provision of any health-related services in its area to work |
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(5) | Any reference in this section to the area of a Health and Wellbeing Board is a |
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reference to the area of the local authority that estalished it. |
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“health services” means services that are provided as part of the health |
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“health-related services” means services that may have an effect on the |
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health of individuals but are not health services or social care services; |
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“social care services” means services that are provided in pursuance of the |
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social services functions of local authorities (within the meaning of the |
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Local Authority Social Services Act 1970). |
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180 | Other functions of Health and Wellbeing Boards |
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(1) | The functions of a local authority and its partner commissioning consortia |
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under sections 116 and 116A of the Local Government and Public Involvement |
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in Health Act 2007 (“the 2007 Act”) are to be exercised by the Health and |
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Wellbeing Board established by the local authority. |
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(2) | A local authority may arrange for a Health and Wellbeing Board established by |
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it to exercise any other functions of the authority. |
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(3) | A Health and Wellbeing Board may give the local authority that established it |
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its opinion on whether the authority is discharging its duty under section 116B |
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(4) | The power conferred by subsection (2) does not apply to the functions of the |
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authority by virtue of section 244 of the National Health Service Act 2006. |
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Health and Wellbeing Boards: supplementary |
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181 | Participation of NHS Commissioning Board |
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(1) | Subsection (2) applies where a Health and Wellbeing Board is (by virtue of |
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section 180(1)) preparing— |
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(a) | an assessment of relevant needs under section 116 of the Local |
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Government and Public Involvement in Health Act 2007, or |
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(b) | a strategy under section 116A of that Act. |
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(2) | The National Health Service Commissioning Board must appoint a |
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representative to join the Health and Wellbeing Board for the purpose of |
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participating in its preparation of the assessment or (as the case may be) the |
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(3) | Subsection (4) applies where a Health and Wellbeing Board is considering a |
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matter that relates to the exercise or proposed exercise of the commissioning |
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functions of the National Health Service Commissioning Board in relation to |
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(4) | If the Health and Wellbeing Board so requests, the National Health Service |
| |
Commissioning Board must appoint a representative to join the Health and |
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Wellbeing Board for the purpose of participating in its consideration of the |
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(5) | The person appointed under subsection (2) or (4) may, with the agreement of |
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the Health and Wellbeing Board, be a person who is not a member or employee |
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of the National Health Service Commissioning Board. |
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(6) | In this section, “commissioning functions”, in relation to the National Health |
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Service Commissioning Board, means the functions of the Board in arranging |
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for the provision of services as part of the health service in England. |
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