National Health Service Act 2006

Chapter 3 E+W [F1 Overview and Scrutiny Committees][F1 Review and scrutiny by local authorities]

Textual Amendments

F1 Pt. 12 Ch. 3 heading substituted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), ss. 190(8), 306(1)(d)(4)

244 [F2 Functions of overview and scrutiny committees][F2 Review and scrutiny by local authorities] E+W

(1) This section applies to any local authority, except that it applies to the council of a district only where the district is comprised in an area for which there is no county council.

(2) Regulations may, in relation to [F3 an overview and scrutiny committee of] an authority to which this section applies, make provision—

(a) as to matters relating to the health service in the authority's area which [F4 the committee][F4 the authority] may review and scrutinise,

(b) as to matters relating to the health service in the authority's area on which [F4 the committee][F4 the authority] may make reports and recommendations to [F5 local NHS bodies][F5 relevant NHS bodies or relevant health service providers], the Secretary of State or the regulator,

(c) as to matters on which [F5 local NHS bodies][F5 relevant NHS bodies or relevant health service providers] must consult [F4 the committee][F4 the authority] in accordance with the regulations [F6 (including provision as to circumstances in which the Secretary of State or the regulator may require consultation on those matters in accordance with the regulations)],

(d) as to information which [F5 local NHS bodies][F5 relevant NHS bodies or relevant health service providers] must provide to [F4 the committee][F4 the authority],

(e) as to information which may not be disclosed by a [F7 local NHS body][F7 relevant NHS body or relevant health service provider] to [F4 the committee][F4 the authority],

(f) requiring [F8 any officer of a local NHS body][F8 any member or employee of a relevant NHS body, or a relevant health service provider or member or employee of a relevant health service provider,] to attend before [F4 the committee][F4 the authority] to answer questions.

[F9 (2ZA) If (by virtue of subsection (2)(c)) regulations make provision as to matters on which relevant NHS bodies or relevant health service providers must consult the authority, the regulations may also make provision—

(a) as to circumstances in which the authority may refer any of those matters to the Secretary of State, the regulator or the Board;

(b) conferring powers on the Secretary of State to give directions to the Board in relation to a matter referred to the Secretary of State by virtue of regulations under paragraph (a);

(c) conferring powers on the Board to give directions to a clinical commissioning group in relation to a matter so referred;

(d) conferring powers on the Board to give directions to a clinical commissioning group in relation to a matter referred to the Board by virtue of regulations under paragraph (a);

(e) conferring powers on the Secretary of State to give directions to the Board as to the exercise of its powers by virtue of regulations under paragraph (c) or (d).

(2ZB) The powers that may be conferred under any of paragraphs (b) to (d) of subsection (2ZA) include powers to require the person to whom the direction is given—

(a) to consult (or consult further) with the authority on the matter in question;

(b) to determine the matter in a particular way;

(c) to take, or not to take, any other steps in relation to the matter.

(2ZC) If (by virtue of subsection (2ZA)(a)) regulations make provision for an authority to refer a matter to the Secretary of State, the regulator or the Board, the regulations may also provide for any provision of section 101 of the Local Government Act 1972—

(a) not to apply in relation to the discharge by the authority of that function, or

(b) to apply in relation to its discharge with such modifications as may be prescribed.

(2ZD) Any functions conferred on a local authority by regulations under this section are not to be the responsibility of an executive of the authority under executive arrangements (within the meaning of Part 1A of the Local Government Act 2000).

(2ZE) Regulations under this section may authorise a local authority to arrange for its functions under the regulations to be discharged by an overview and scrutiny committee of the authority.]

[F10 (2A) In subsection (2)(d) and (e), references to information are to information relating to matters relating to the health service in the authority's area.]

(3) [F11 For the purposes of subsection (2), “local NHS body”, in relation to an overview and scrutiny committee, means an NHS body other than a Special Health Authority which is prescribed for those purposes in relation to the committee.]

[F11 For the purposes of subsections (2) and (2ZA)—

• “relevant NHS body”, in relation to an authority to which this section applies, means an NHS body, other than a Special Health Authority, which is prescribed for those purposes in relation to the authority;

• “relevant health service provider”, in relation to an authority to which this section applies, means a body or person which—

  (a)

  provides services in pursuance of arrangements made—

  (i)

  by the Board or a clinical commissioning group under section 3, 3A, 3B or 4 or Schedule 1,

  (ii)

  by a local authority for the purpose of the exercise of its functions under or by virtue of section 2B or 6C(1) or Schedule 1, or

  (iii)

  by the Board, a clinical commissioning group or a local authority by virtue of section 7A, and

  (b)

  is prescribed, or is of a description prescribed, for those purposes in relation to the authority.]

[F12 (3A) In subsection (2)(f) “member”—

(a) in relation to a clinical commissioning group, includes a person who is not a member of the group but is a member of a committee or sub-committee of it;

(b) in relation to a relevant health service provider which is a body corporate, includes a person who is not a member of the body but is a director of it;

(c) in relation to an NHS trust, means a director of the trust;

(d) in relation to an NHS foundation trust, means a director or governor of the trust.

(3B) For the purposes of subsection (2)(f)—

(a) a member of a body which is a member of a clinical commissioning group or relevant health service provider is to be treated as a member of the group or (as the case may be) relevant health service provider, and

(b) an employee of a body which is a member of a clinical commissioning group or relevant health service provider is to be treated as an employee of the group or (as the case may be) relevant health service provider.]

(4) “The health service” includes services provided in pursuance of arrangements under regulations under section 75 in relation to the exercise of health-related functions of a local authority.

Textual Amendments

F2 S. 244 heading substituted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), ss. 190(7), 306(1)(d)(4)

F3 Words in s. 244(2) omitted (27.3.2012 for specified purposes) by virtue of Health and Social Care Act 2012 (c. 7), ss. 190(2)(a), 306(1)(d)(4)

F4 Words in s. 244(2) substituted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), ss. 190(2)(b), 306(1)(d)(4)

F5 Words in s. 244(2) substituted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), ss. 190(2)(c), 306(1)(d)(4)

F6 Words in s. 244(2)(c) omitted (27.3.2012 for specified purposes) by virtue of Health and Social Care Act 2012 (c. 7), ss. 190(2)(e), 306(1)(d)(4)

F7 Words in s. 244(2) substituted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), ss. 190(2)(d), 306(1)(d)(4)

F8 Words in s. 244(2)(f) substituted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), ss. 190(2)(f), 306(1)(d)(4)

F9 S. 244(2ZA)-(2ZE) inserted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), ss. 190(3), 306(1)(d)(4)

F10 S. 244(2A) inserted (1.4.2009) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 121(4), 245(5); S.I. 2008/3110, art. 4(c)

F11 S. 244(3) substituted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), ss. 190(4), 306(1)(d)(4)

F12 S. 244(3A)(3B) inserted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), ss. 190(5), 306(1)(d)(4)

245 Joint overview and scrutiny committees etc E+W

(1) In this section, “relevant functions”—

(a) in relation to a local authority operating executive arrangements under Part 2 of the Local Government Act 2000 (c. 22) (“the 2000 Act”), are functions which are, or, but for regulations under this section, would be, exercisable under section 21(2)(f) of that Act by an overview and scrutiny committee of that authority, and

(b) in relation to a local authority operating alternative arrangements under that Part, are any corresponding functions which are, or, but for regulations under this section, would be, exercisable by a committee of the authority falling within paragraph (b) of section 32(1) of that Act,

and references to an overview and scrutiny committee include references to a committee falling within that paragraph.

(2) Regulations may make provision under which—

(a) two or more local authorities may appoint a joint committee of those authorities (a “joint overview and scrutiny committee”) and arrange for relevant functions in relation to any (or all) of those authorities to be exercisable by the committee,

(b) a local authority may arrange for relevant functions in relation to that authority to be exercisable by an overview and scrutiny committee of another local authority,

(c) a county council for any area may arrange for one or more of the members of an overview and scrutiny committee of the council for a district comprised in that area to be appointed as—

(i) a member of an overview and scrutiny committee of the county council or another local authority, for the purposes of relevant functions of the committee in relation to the county council, or

(ii) a member of an overview and scrutiny committee of the county council, for the purposes of relevant functions of the committee in relation to another local authority.

(3) The regulations may in particular—

(a) provide for arrangements to be made only in specified circumstances, or subject to specified conditions or limitations,

(b) in relation to joint overview and scrutiny committees, make provision applying, or corresponding to, any provision of—

(i) section 21(4) and (6) to [F13 (17)] of the 2000 Act, or

[F14 (ia) sections 21A to 21D of that Act,

(ib) section 22A of that Act,]

(ii) section 246 of, and Schedule 17 to, this Act, and Schedule 11 to the National Health Service (Wales) Act 2006 (c. 42),

with or without modifications.

(4) The regulations may require, or enable the Secretary of State to direct, a local authority—

(a) to make arrangements of any description within subsection (2), and

(b) to comply with such requirements in connection with the arrangements as may be specified in the regulations or as the Secretary of State may direct.

(5) In section 244(2) and (3), references to an overview and scrutiny committee include references to a joint overview and scrutiny committee.

(6) In subsection (2)(c), references to an overview and scrutiny committee of a county council include references to a joint overview and scrutiny committee of the council and another local authority.

(7) Section 21(4) of the 2000 Act does not apply to the discharge of functions by virtue of arrangements under regulations under subsection (2).

(8) Section 21(10) of the 2000 Act does not apply to persons who are members of an overview and scrutiny committee by virtue of arrangements under regulations under subsection (2)(c).

(9) “Local authority” does not include the Common Council of the City of London.

Textual Amendments

F13 Word in s. 245(3)(b)(i) substituted (1.4.2009) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 127(3)(a), 245(5); S.I. 2008/3110, art. 4(g)

F14 S. 245(3)(b)(ia)(ib) inserted (1.4.2009) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 127(3)(b), 245(5); S.I. 2008/3110, art. 4(g)

246 Overview and scrutiny committees: exempt information E+W

(1) This section applies in relation to any item of business at a meeting of an overview and scrutiny committee which is an item relating to functions of the committee under section 21(2)(f) of the Local Government Act 2000 (c. 22).

(2) In relation to any such item, information is exempt information for the purposes of section 100A(4) of the Local Government Act 1972 (c. 70) (exclusion of public from meetings to prevent disclosure of exempt information) if it falls within any of the descriptions of information specified in Schedule 17, or in Schedule 11 to the National Health Service (Wales) Act 2006.

(3) The Secretary of State may by order vary Schedule 17—

(a) by adding any description or other provision in connection with a relevant body or services provided by, or under arrangements made by, a relevant body, [F15 or services in respect of which direct payments under section 12A(1), or under regulations under section 12A(4), are made by a relevant body,] or

(b) by deleting or varying any description or other provision specified or contained in that Schedule.

(4) The Secretary of State may exercise the power conferred by subsection (3) by amending any Part of Schedule 17, with or without amendment of any other Part.

(5) In this section and Schedule 17 “relevant body” means a body in respect of which overview and scrutiny committees exercise functions under regulations under section 244.

Textual Amendments

F15 Words in s. 246(3)(a) inserted (19.1.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 1 para. 9; S.I. 2010/30, art. 2(b)

Modifications etc. (not altering text)

C1 S. 246: power to apply conferred by 2007 c. 28, s. 123(5)(b)(iii) (as substituted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 32(1), 148(2)(a)(ii))

247 Application to the City of London E+W

(1) The Common Council may establish a committee which has, in relation to the City of London, the powers which under section 21(2)(f) of the Local Government Act 2000 a local authority's overview and scrutiny committee has in relation to the authority's area.

(2) Sections 244(2) to (4), 245 and 246 (and Schedule 17 to this Act and Schedule 11 to the National Health Service (Wales) Act 2006 (c. 42)) apply as if such a committee were an overview and scrutiny committee and as if the Common Council were a London borough council.

(3) Section 21 of the Local Government Act 2000 applies as if such a committee were an overview and scrutiny committee and as if the Common Council were a local authority, but with the omission—

(a) of subsections (1) to (3), (5) and (9),

(b) in subsection (8), of “Executive”,

(c) in subsection (11), of paragraph (b), and

(d) in subsection (13)(a), of the reference to members of the executive.

(4) In the provisions applied by subsections (2) and (3), references to functions under any provision of section 21(2) of the 2000 Act are, in the case of the committee established under subsection (1), references to its functions under that subsection.

(5) “The Common Council” means the Common Council of the City of London.