Draft Regulations laid before the Scottish Parliament under section 69(2) of the Public Bodies (Joint Working) (Scotland) Act 2014, for approval by resolution of the Scottish Parliament.
Draft Scottish Statutory Instruments
Public Health
Social Care
Made
Coming into force in accordance with regulation 1
The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by section 5(1) of the Public Bodies (Joint Working) (Scotland) Act 2014(1) and all other powers enabling them to do so.
In accordance with section 5(2) of that Act, they have consulted with each local authority, each Health Board and persons appearing to be representative of each of the groups mentioned in section 5(3) of that Act.
In accordance with section 69(2) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
1. These Regulations may be cited as the Public Bodies (Joint Working) (National Health and Wellbeing Outcomes) (Scotland) Regulations 2014 and come into force on the day after the day on which they are made.
2. The national health and wellbeing outcomes prescribed for the purpose of section 5(1) of the Public Bodies (Joint Working) (Scotland) Act 2014 are the outcomes listed in the Schedule.
Name
A member of the Scottish Government
St Andrew’s House,
Edinburgh
Date
Regulation 2
1. People are able to look after and improve their own health and wellbeing and live in good health for longer.
2. People, including those with disabilities or long term conditions or who are frail are able to live, as far as reasonably practicable, independently and at home or in a homely setting in their community.
3. People who use health and social care services have positive experiences of those services, and have their dignity respected.
4. Health and social care services are centred on helping to maintain or improve the quality of life of people who use those services.
5. Health and social care services contribute to reducing health inequalities.
6. People who provide unpaid care are supported to look after their own health and wellbeing, including to reduce any negative impact of their caring role on their own health and wellbeing.
7. People using health and social care services are safe from harm.
8. People who work in health and social care services feel engaged with the work they do and are supported to continuously improve the information, support, care and treatment they provide.
9. Resources are used effectively and efficiently in the provision of health and social care services.
(This note is not part of the Regulations)
These Regulations prescribe national health and wellbeing outcomes (“the outcomes”) which apply in relation to the Public Bodies (Joint Working) (Scotland) Act 2014 (“the Act”). The Schedule to these Regulations sets out the outcomes.
The Act requires Health Boards and local authorities to agree arrangements for joint working in their area in relation to certain of their statutory functions. This will have the effect that adult health and social care services, and certain other health and social care services, are provided in all local authority areas in a way which is integrated from the point of view of a person using those services.
The Act makes the following provisions as to the effect of the outcomes in the context of integrated arrangements for health and social care:
the local authority and Health Board are required to have regard to the outcomes when preparing the integration scheme (section 3(2));
the outcomes are relevant to consideration of the circumstances when an order under section 27(6) may be made (section 27(7));
the strategic plan prepared by an integration authority must set out how arrangements for the delivery of integration functions are intended to contribute to achieving the outcomes (section 29(2)(b));
the integration authority is required to have regard to the outcomes when preparing or reviewing the strategic plan (sections 30(2)(b) and 37(2)(a)(ii));
the constituent authorities of an integration joint board can jointly require the strategic plan to be replaced if it prevents or is likely to prevent either of them from carrying out their functions in a way which contributed to achieving the outcomes (section 38(2));
the persons carrying out integration functions must have regard to the outcomes (section 40(b)); and
Healthcare Improvement Scotland and Social Care and Social Work Improvement Scotland are able to inspect health and social care services for the purpose of reviewing and evaluating how the planning and provision of services is contributing to the achievement of the outcomes. Alongside this they are able to encourage improvements and make recommendations in relation to the implementation of strategic plans in order to contribute to achieving the outcomes (sections 54 and 55).
The outcomes apply collectively to all integration authorities, and to all persons carrying out integration functions. The outcomes provide a national framework for measuring the effect of integrated health and care services on the health and wellbeing of individuals.