National Health Service Act 2006

Part 12 E+W Public involvement and scrutiny

Chapter 1 E+W Patients' Forums

237 Establishment of Patients' Forums E+W

F1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 237(1)(2) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 231(1), 245(5), Sch. 18 Pt. 18; S.I. 2008/461, art. 2(3), Sch.

F2 S. 237(3)-(9) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 230(1), 245(5), Sch. 18 Pt. 18; S.I. 2008/461, art. 2(3), Sch.

F3 238 Additional functions of PCT Patients' Forums E+W

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Textual Amendments

F3 S. 238 repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 230(1), 245(5), Sch. 18 Pt. 18; S.I. 2008/461, art. 2(3), Sch.

F4 239 Entry and inspection of premises E+W

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Textual Amendments

F4 S. 239 repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 230(1), 245(5), Sch. 18 Pt. 18; S.I. 2008/461, art. 2(3), Sch.

F5 240 Annual reports E+W

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Textual Amendments

F5 S. 240 repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 231(1), 245(5), Sch. 18 Pt. 18; S.I. 2008/461, art. 2(3), Sch.

241 Further provision about Patients' Forums E+W

F6 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The regulations may include provision applying, or corresponding to, any provision of Part 5A of the Local Government Act 1972 (c 70) (access to meetings and documents), with or without modifications.

Textual Amendments

F6 S. 241(1)(2) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 231(1), 245(5), Sch. 18 Pt. 18; S.I. 2008/461, art. 2(3), Sch.

F7 S. 241(3)(4) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 230(1), 245(5), Sch. 18 Pt. 18; S.I. 2008/461, art. 2(3), Sch.

Chapter 2 E+W Public involvement and consultation

242 Public involvement and consultation E+W

[F8 (1) This section applies to—

(a) relevant English bodies, and

(b) relevant Welsh bodies.

(1A) In this section—

• “ relevant English body ” means—

  (a)

  F9 ...

  (b)

  F10 ...

  (c)

  an NHS trust that is not a relevant Welsh body, or

  (d)

  an NHS foundation trust;

• “ relevant Welsh body ” means an NHS trust all or most of whose hospitals, establishments and facilities are in Wales.

(1B) Each relevant English body must make arrangements, as respects health services for which it is responsible, which secure that users of those services, whether directly or through representatives, are involved (whether by being consulted or provided with information, or in other ways) in—

(a) the planning of the provision of those services,

(b) the development and consideration of proposals for changes in the way those services are provided, and

(c) decisions to be made by that body affecting the operation of those services.

(1C) Subsection (1B)(b) applies to a proposal only if implementation of the proposal would have an impact on—

(a) the manner in which the services are delivered to users of those services, or

(b) the range of health services available to those users.

(1D) Subsection (1B)(c) applies to a decision only if implementation of the decision (if made) would have an impact on—

(a) the manner in which the services are delivered to users of those services, or

(b) the range of health services available to those users.

(1E) The reference in each of subsections (1C)(a) and (1D)(a) to the delivery of services is to their delivery at the point when they are received by users.

(1F) For the purposes of subsections (1B) to (1E), [F11 —

(a) health services” does not include pharmaceutical services or local pharmaceutical services, and

(b)] a person is a “user” of any health services if the person is someone to whom those services are being or may be provided.

(1G) A relevant English body must have regard to any guidance given by the Secretary of State as to the discharge of the body's duty under subsection (1B).

(1H) The guidance mentioned in subsection (1G) includes (in particular)—

(a) guidance given by the Secretary of State as to when, or how often, involvement under arrangements under subsection (1B) is to be carried out;

(b) guidance given by the Secretary of State as to the form to be taken by such involvement in any case specified by the guidance.]

(2) Each [F12 relevant Welsh body] must make arrangements with a view to securing, as respects health services for which it is responsible, that persons to whom those services are being or may be provided are, directly or through representatives, involved in and consulted on—

(a) the planning of the provision of those services,

(b) the development and consideration of proposals for changes in the way those services are provided, and

(c) decisions to be made by that body affecting the operation of those services.

(3) For the purposes of this section a body is responsible for health services—

(a) if the body provides or will provide those services to individuals, or

(b) if another person provides, or will provide, those services to individuals—

(i) at that body's direction,

(ii) on its behalf, or

(iii) in accordance with an agreement or arrangements made by that body with that other person,

and references in this section to the provision of services include references to the provision of services jointly with another person.

F13 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14 (6) This section does not require a body to make arrangements in relation to matters to which a trust special administrator’s draft or final report under section 65F or 65I relates before—

(a) in a case where the administrator’s report relates to an NHS trust, NHS England and the Secretary of State have made their decisions under section 65K(1) and (2), or

(b) in a case where the administrator’s report relates to an NHS foundation trust, the Secretary of State is satisfied as mentioned in section 65KB(1) or 65KD(1) or makes a decision under section 65KD(9).]

Textual Amendments

F8 S. 242(1)-(1H) substituted for s. 242(1) (3.11.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 233(2), 245(5); S.I. 2008/2434, art. 2(2)(a)

F9 Words in s. 242(1A) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 126(2)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F10 Words in s. 242(1A) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 126(2)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F11 Words in s. 242(1F) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 206(4), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F12 Words in s. 242(2) substituted (3.11.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 233(3), 245(5); S.I. 2008/2434, art. 2(2)(a)

F13 S. 242(4)(5) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 126(3); S.I. 2013/160, art. 2(2) (with arts. 7-9); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F14 S. 242(6) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 8 para. 24; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F15 242A Strategic Health Authorities: further duty to involve users E+W

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Textual Amendments

F15 S. 242A omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 127; S.I. 2013/160, art. 2(2) (with arts. 7-9)

F16 242B Directions in cases where Strategic Health Authority arranges involvement E+W

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Textual Amendments

F16 S. 242B omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 127; S.I. 2013/160, art. 2(2) (with arts. 7-9)

F17 243 The Commission for Patient and Public Involvement in Health E+W

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Textual Amendments

F17 S. 243 repealed (1.4.2008 for the purpose of the omission of s. 243(2)(d)(f)(i), 30.6.2008 in so far as not already in force) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 232(1), 245(5), Sch. 18 Pt. 18; S.I. 2008/461, art. 2(3)(4)(a), Sch.

Chapter 3 E+W [F18 Review and scrutiny by local authorities]

Textual Amendments

F18 Pt. 12 Ch. 3 title substituted (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. 190(8), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

244 [F19 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 F20 ... an authority to which this section applies, make provision—

(a) as to matters relating to the health service in the authority's area which [F21 the authority] may review and scrutinise,

(b) as to matters relating to the health service in the authority's area on which [F21 the authority] may make reports and recommendations to [F22 relevant NHS bodies or relevant health service providers], [F23 or the Secretary of State],

(c) as to matters on which [F22 relevant NHS bodies or relevant health service providers] must consult [F21 the authority] in accordance with the regulations F24 ...,

(d) as to information which [F22 relevant NHS bodies or relevant health service providers] must provide to [F21 the authority],

(e) as to information which may not be disclosed by a [F25 relevant NHS body or relevant health service provider] to [F21 the authority],

(f) requiring [F26 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 [F21 the authority] to answer questions.

[F27 (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 F28 ... or [F29 NHS England];

(b) conferring powers on the Secretary of State to give directions to [F29 NHS England] in relation to a matter referred to the Secretary of State by virtue of regulations under paragraph (a);

(c) conferring powers on [F29 NHS England] to give directions to [F30 an integrated care board] in relation to a matter so referred;

(d) conferring powers on [F29 NHS England] to give directions to [F31 an integrated care board] in relation to a matter referred to [F29 NHS England] by virtue of regulations under paragraph (a);

(e) conferring powers on the Secretary of State to give directions to [F29 NHS England] 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 F32 ... or [F29 NHS England], 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.]

[F33 (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.]

[F34 (3) 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)

  [F35 provides services in pursuance of arrangements made by virtue of this Act,] and

  (b)

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

[F36 (3A) In subsection (2)(f) “member”—

[F37 (a) in relation to an integrated care board, includes a person who is not a member of the board 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.

F38 (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(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.

[F39 (5) In [F40 this section and section 245] references to an overview and scrutiny committee include references to—

(a) an overview and scrutiny committee of a local authority operating executive arrangements under Part 1A of the Local Government Act 2000 (executive arrangements in England), and

(b) an overview and scrutiny committee appointed by a local authority under section 9JA of that Act (appointment of overview and scrutiny committees by committee system local authorities).]

Textual Amendments

F19 S. 244 heading substituted (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. 190(7), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F20 Words in s. 244(2) omitted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by virtue of Health and Social Care Act 2012 (c. 7), ss. 190(2)(a), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F21 Words in s. 244(2) substituted (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. 190(2)(b), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F22 Words in s. 244(2) substituted (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. 190(2)(c), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F23 Words in s. 244(2)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 25(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F24 Words in s. 244(2)(c) omitted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by virtue of Health and Social Care Act 2012 (c. 7), ss. 190(2)(e), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F25 Words in s. 244(2) substituted (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. 190(2)(d), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F26 Words in s. 244(2)(f) substituted (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. 190(2)(f), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F27 S. 244(2ZA)-(2ZE) 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. 190(3), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F28 Words in s. 244(2ZA)(a) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 25(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F29 Words in Act substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F30 Words in s. 244(2ZA)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 122(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F31 Words in s. 244(2ZA)(d) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 122(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F32 Words in s. 244(2ZC) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 25(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F33 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)

F34 S. 244(3) substituted (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. 190(4), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F35 Words in s. 244(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 9 para. 12; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F36 S. 244(3A)(3B) 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. 190(5), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F37 S. 244(3A)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 122(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F38 S. 244(3B) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 122(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F39 S. 244(5) inserted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 74; S.I. 2012/1008, art. 4(b)

F40 Words in s. 244(5) substituted (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. 190(6), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Modifications etc. (not altering text)

C1 S. 244 modified (temp.) (11.7.2012) by The Health and Social Care Act 2012 (Commencement No.2 and Transitional, Savings and Transitory Provisions) Order 2012 (S.I. 2012/1831), art. 13(3)-(5)

245 Joint overview and scrutiny committees etc E+W

(1) In this section, [F41 “relevant functions” means functions under regulations under section 244(2) to (2ZC).]

(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 [F42 relevant functions exercisable by 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 [F42 relevant functions exercisable by 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) [F43 sections 9F(5), 9FA, 9FC to 9FG and 9FI] of the 2000 Act, or

F44 (ia) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44 (ib) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

[F45 (4A) The regulations may provide that, where a relevant function in relation to a local authority is exercisable by a joint overview and scrutiny committee by virtue of arrangements under regulations under subsection (2)(a), the local authority may not discharge the function.]

F46 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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) [F47 Section 9F(5)] of the 2000 Act does not apply to the discharge of functions by virtue of arrangements under regulations under subsection (2).

(8) [F48 Section 9FA(5)] 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).

F49 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F41 Words in s. 245(1) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 191(2), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F42 Words in s. 245(2)(c)(i)(ii) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 191(3), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F43 Words in s. 245(3)(b)(i) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 75(3)(a); S.I. 2012/1008, art. 4(b)

F44 S. 245(3)(b)(ia)(ib) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 75(3)(b), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F45 S. 245(4A) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 191(4), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F46 S. 245(5) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 191(5), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F47 Words in s. 245(7) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 75(4); S.I. 2012/1008, art. 4(b)

F48 Words in s. 245(8) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 75(5); S.I. 2012/1008, art. 4(b)

F49 S. 245(9) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 191(5), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

246 [F50 Business relating to functions of local authorities by virtue of section 244]: exempt information E+W

(1) This section applies in relation to any item of business at [F51 a meeting of a local authority or a committee of a local authority which is an item relating to functions of the authority under regulations under section 244(2) to (2ZC).]

(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, [F52 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 [F53 local authorities] exercise functions under regulations under section 244.

Textual Amendments

F50 Words in s. 246 heading substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 191(9), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F51 Words in s. 246(1) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 191(7), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F52 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)

F53 Words in s. 246(5) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 191(8), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Modifications etc. (not altering text)

C2 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))

C3 S. 246 applied (1.4.2013) by The Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013 (S.I. 2013/218), regs. 1(2), 30(3)

247 Application to the City of London E+W

[F54 (1) This section applies to a committee of the Common Council appointed to exercise functions that the Council has under regulations under section 244(2) to (2ZC).]

(2) [F55 Section 245(2)(b) and (c) applies] as if such a committee were an overview and scrutiny committee F56 ... .

(3) [F57 Section 9F] 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 [F58 (4)],

F59 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F60 (3A) Section 9FA 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 subsection (3),

(b) in subsection (6), of paragraph (b), and

(c) in subsection (8)(a), of the reference to members of the executive.]

(4) In the provisions applied by [F61 subsections (3) and (3A)], references to functions under any provision of [F62 section 9F(2)] of the 2000 Act are, [F63 in the case of a committee to which this section applies, references to functions under regulations under section 244(2) to (2ZC) which are exercisable by the committee.]

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

Textual Amendments

F54 S. 247(1) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 191(11), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F55 Words in s. 247(2) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 191(12)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F56 Words in s. 247(2) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 191(12)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F57 Words in s. 247(3) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 77(3)(a); S.I. 2012/1008, art. 4(b)

F58 Word in s. 247(3)(a) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 77(3)(b); S.I. 2012/1008, art. 4(b)

F59 S. 247(3)(b)-(d) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 77(3)(c), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)

F60 S. 247(3A) inserted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 77(4); S.I. 2012/1008, art. 4(b)

F61 Words in s. 247(4) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 191(13)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F62 Words in s. 247(4) substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 77(5)(b); S.I. 2012/1008, art. 4(b)

F63 Words in s. 247(4) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 191(13)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F64 247A Application to certain other local authorities without overview and scrutiny committees E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F64 S. 247A omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 191(14), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)