The East Midlands Combined County Authority Regulations 2024

Application of section 75 of the 2006 Act

24.—(1) Save as provided by section 75(7G) to (7J)(1), section 75 of the 2006 Act (arrangements between NHS bodies and local authorities), and regulations made under that section before the coming into force of these Regulations, apply to the Combined County Authority in the exercise of its public health functions as those provisions apply to the constituent councils.

(2) But where the Combined County Authority enters into prescribed arrangements by virtue of section 75(7I) and (7J) of the 2006 Act, and is thus treated as an NHS body in relation to those prescribed arrangements, it may not enter into those same prescribed arrangements in relation to the exercise of its public health functions, unless, and to the extent that, it is permitted to do so by regulations made under section 75(1) of the 2006 Act.

(3) In this regulation—

(a) “NHS body” is to be construed in accordance with sections 75(8) and 275 of the 2006 Act (2);

(b) “prescribed arrangements” is to be construed in accordance with section 75 of the 2006 Act;

(c) “public health functions” means functions exercisable by virtue of regulation 22 of these Regulations.

(1)

Section 75(7A) to (7F) were inserted by paragraph 6 of Schedule 4 to the Cities and Local Government Devolution Act 2016 (c. 1) and subsection (7B) was amended by section 71(3) of the Health and Care Act 2022. Section 75(7G) to (7J) were inserted by paragraph 168 of Schedule 4 to the Levelling-up and Regeneration Act 2023.

(2)

The definition of “NHS body” in section 275 was inserted by paragraph 138 of Schedule 4 to the Health and Social Care Act 2012 and amended by paragraph 11(b) of Schedule 1 and paragraph 132(d) of Schedule 4 to the Health and Care Act 2022.