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The Public Bodies (Joint Working) (National Health and Wellbeing Outcomes) (Scotland) Regulations 2014

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Public Bodies (Joint Working) (National Health and Wellbeing Outcomes) (Scotland) Regulations 2014 No. 343

EXPLANATORY NOTE

(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.

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