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Health and Social Care Act 2012

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Health and Social Care Act 2012, Section 197 is up to date with all changes known to be in force on or before 12 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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197Participation of [F1NHS England] E+W
This section has no associated Explanatory Notes

(1)Subsection (2) applies where a Health and Wellbeing Board is (by virtue of section 196(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)[F2NHS England] must appoint a 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 functions of [F2NHS England] in relation to the area of the authority that established the Health and Wellbeing Board.

(4)If the Health and Wellbeing Board so requests, [F2NHS England] must appoint a representative to join the Health and Wellbeing Board for the purpose of participating in its consideration of the 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 [F2NHS England].

(6)In this section—

  • commissioning functions”, in relation to [F2NHS England], means the functions of [F2NHS England] in arranging for the provision of services as part of the health service in England [F3(including any functions of NHS England in arranging for the provision of such services in the exercise of functions of another person)];

  • the health service” has the same meaning as in the National Health Service Act 2006.

Textual Amendments

Modifications etc. (not altering text)

C1S. 197(6) modified by 2006 c. 41, s. 13Z4(3) (as inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 23(1), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9))

Commencement Information

I1S. 197 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

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