Health and Social Care Bill

House of Commons

Session 2010 - 11
Internet Publications
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
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Joint strategic needs assessments and strategies
176
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.
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(2)
In subsection (4), for paragraph (b) substitute—
“(b)
each of its partner commissioning consortia,”.
(3)
In subsection (6)—
(a)
for “for which a partner PCT acts” substitute “for which a partner
commissioning consortium is established”,
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(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)
In subsection (7)—
(a)
in paragraph (a)(ii) for “the partner PCT” substitute “the partner
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commissioning consortium or the National Health Service
Commissioning Board”, and
(b)
in paragraph (b)(i) for “the partner PCT” substitute “the partner
commissioning consortium or the National Health Service
Commissioning Board”.
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(5)
In subsection (8) for “each partner PCT” substitute “each of its partner
commissioning consortia”.
(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
25
person it thinks appropriate.”
(7)
In subsection (9)—
(a)
for the definition of “partner PCT” substitute—
““partner commissioning consortium”, in relation to a
responsible local authority, means any commissioning
30
consortium established for an area which coincides with
or falls wholly or partly within the area of the
authority;”, and
(b)
in the definition of “relevant district council”, in paragraph (b)—
(i)
for “a partner PCT” substitute “a partner
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commissioning consortium”, and
(ii)
for “the area for which the partner PCT acts”
substitute “the area for which the
commissioning consortium is established”.
177
Joint health and wellbeing strategies
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After section 116 of the Local Government and Public Involvement in Health

Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 2 — Local government
150

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
partner commissioning consortia.
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(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
and wellbeing strategy”).
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(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
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
authority and each of its partner commissioning consortia must have
regard to the mandate published by the Secretary of State under section
13A of the National Health Service Act 2006.
(5)
The responsible local authority must publish each strategy prepared by
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it under this section.
(6)
The responsible local authority and each of its partner commissioning
consortia 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
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for the provision of health services and social care services in that area.
(7)
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
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(b)
“health services”, “health-related services” and “social care
services” have the same meanings as in section 179 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
35
consortia must, in exercising any relevant functions, have regard to—
(a)
the most recent assessment of relevant needs prepared by the
responsible local authority and each of its partner
commissioning consortia under section 116, and
(b)
the most recent joint health and wellbeing strategy prepared by
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them under section 116A.
(2)
For the purposes of subsection (1), a function of a responsible local
authority or a partner commissioning consortium is a relevant function
if it could be exercised in a way that meets, or affects, to a significant
extent a need included in the most recent assessment under section 116.
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Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 2 — Local government
151

(3)
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 the
documents mentioned in subsection (1)(a) and (b).”
Health and Wellbeing Boards: establishment
5
178
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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(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,
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(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)
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;
(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
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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 commissioning consortium 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 commissioning consortium 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
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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
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
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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.

Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 2 — Local government
152

(12)
But 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.
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(13)
In 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
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Local Government Act 2000;
(c)
“relevant commissioning consortium”, in relation to a local authority,
means any commissioning consortium established for an area which
coincides with or falls wholly or partly within the area of the local
authority.
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(14)
In this section and in sections 179 to 183, “local authority” means—
(a)
a 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;
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(d)
the Council of the Isles of Scilly;
(e)
the Common Council of the City of London in its capacity as a local
authority.
Health and Wellbeing Boards: functions
179
Duty to encourage integrated working
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(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
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,
30
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 health-related services in its area to work closely with the Health
35
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.
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(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 estalished it.
(6)
In this section—
“health services” means services that are provided as part of the health
service;
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Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 2 — Local government
153

“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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180
Other 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.
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(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
of the 2007 Act.
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(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
181
Participation of NHS Commissioning Board
(1)
Subsection (2) applies where a Health and Wellbeing Board is (by virtue of
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section 180(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)
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
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
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functions of the National Health Service Commissioning Board in relation to
the authority’s area.
(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
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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
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Service Commissioning Board, means the functions of the Board in arranging
for the provision of services as part of the health service in England.