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[F1Part 5AE+WHealth]

Textual Amendments

[F2The health inequalities strategyE+W

Textual Amendments

F2Ss. 309E-309H and cross-heading inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 22(1), 59(7); S.I. 2008/113, art. 2(d)

309EThe Mayor's health inequalities strategyE+W

(1)The Mayor shall prepare and publish a document to be known as the “health inequalities strategy”.

(2)The strategy shall contain the Mayor's proposals and policies for promoting the reduction of health inequalities between persons living in Greater London.

(3)The proposals and policies are to be addressed to the mitigation of differences in general health determinants (see section 309F(5)).

(4)The strategy must—

(a)identify any issues that appear to the Mayor to be major health issues where there are health inequalities between persons living in Greater London,

(b)identify those inequalities,

(c)specify priorities for reducing those inequalities,

(d)describe the role to be performed by any relevant body or person for the purpose of implementing the strategy.

(5)For the purposes of this section, each of the following are relevant bodies or persons—

(a)the Authority,

(b)any functional body,

(c)any London borough council,

(d)the Common Council,

(e)the Health Adviser,

F3(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5(ga)the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,

(gb)the National Health Service Commissioning Board,

(gc)any clinical commissioning group (established under section 14D of the National Health Service Act 2006) for an area wholly or partly in Greater London,]

(h)any National Health Service trust any or all of whose hospitals, establishments or facilities are situated in Greater London (see section 25 of the National Health Service Act 2006),

(i)any NHS foundation trust any or all of whose hospitals, establishments or facilities are situated in Greater London (see Chapter 5 of Part 2 of the National Health Service Act 2006),

and any body or person not falling within any of the preceding paragraphs which appears to the Mayor to have responsibilities in relation to Greater London, or any part of Greater London, with respect to any of the matters that are general health determinants.

(6)Section 309F makes provision as to the meaning of “health inequalities between persons living in Greater London” for the purposes of this Act.

(7)Section 309G contains supplementary provision with respect to the preparation and revision of the strategy.

(8)Section 309H makes provision for directions by the Secretary of State.

Textual Amendments

309F“Health inequalities between persons living in Greater London”E+W

(1)Any reference in this Act to health inequalities between persons living in Greater London is to be read in accordance with this section.

(2)For that purpose—

(a)subsection (3) makes provision as to the meaning of “between persons living in Greater London”, and

(b)subsection (4), as read with subsection (5), makes provision as to the meaning of “health inequalities”.

(3)Any reference to health inequalities “between persons living in Greater London” is a reference to health inequalities between persons, or persons of different descriptions, living in, or in different parts of, Greater London.

(4)Health inequalities” means inequalities in respect of life expectancy or general state of health which are wholly or partly a result of differences in respect of general health determinants (see subsection (5)).

(5)General health determinants” are—

(a)standards of housing, transport services or public safety,

(b)employment prospects, earning capacity and any other matters that affect levels of prosperity,

(c)the degree of ease or difficulty with which persons have access to public services,

(d)the use, or level of use, of tobacco, alcohol or other substances, and any other matters of personal behaviour or lifestyle, that are or may be harmful to health,

and any other matters that are determinants of life expectancy or the state of health of persons generally, other than genetic or biological factors.

309GPreparation and revision of the strategy: procedural mattersE+W

(1)In preparing or revising the health inequalities strategy the Mayor shall have regard to any guidance given to him by the Secretary of State about the matters which he is to take into account.

(2)It shall be the duty of the Mayor and the Health Adviser to collaborate and co-operate with each other—

(a)generally, for the purposes of the preparation or any revision of the health inequalities strategy, and

(b)in particular, for the purpose of ascertaining the issues that are to be identified in the strategy pursuant to section 309E(4)(a) above.

(3)For the purpose of discharging the duty imposed on each of them by subsection (2) above, the Mayor and the Health Adviser shall each provide to the other such information as may reasonably be required by the other.

(4)In preparing or revising the strategy, the Mayor must consult such of the relevant bodies or persons (within the meaning given by section 309E(5) above), except the Authority and any functional body, as appear to him to be likely to be affected by the strategy.

This subsection is without prejudice to section 42(1) above (further duties of Mayor as to consultation).

(5)The consultation required by subsection (4) above is consultation about—

(a)the matters to be included, and

(b)the issues to be taken into account.

(6)Where the Mayor revises the health inequalities strategy, he shall publish it as revised.

(7)References in this Act to the health inequalities strategy include a reference to the health inequalities strategy as revised, except where the context otherwise requires.

309HDirections by the Secretary of StateE+W

(1)Where the Secretary of State considers that—

(a)the health inequalities strategy (or any part of it) is inconsistent with any national policies of any description, and

(b)the inconsistency would have a detrimental effect on achieving any or all of the objectives of those policies,

he may direct the Mayor to make such revisions of the strategy in order to remove the inconsistency as may be specified in the direction.

(2)Where the Secretary of State gives the Mayor a direction under subsection (1) above, the Mayor shall revise the health inequalities strategy in accordance with the direction.

(3)The Secretary of State must consult the Mayor before giving him a direction under this section.

(4)Apart from subsection (1) (Mayor to have regard to guidance), nothing in section 309G above applies in relation to a revision of the health inequalities strategy in accordance with a direction under this section.]