Part 12Public involvement and scrutiny

Chapter 3F20Review and scrutiny by local authorities

Annotations:
Amendments (Textual)
F20

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)

C3244F43Review and scrutiny by local authorities

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 F4... an authority to which this section applies, make provision—

a

as to matters relating to the health service in the authority's area which F16the authority may review and scrutinise,

b

as to matters relating to the health service in the authority's area on which F16the authority may make reports and recommendations to F29relevant NHS bodies or relevant health service providers, F8or the Secretary of State,

c

as to matters on which F29relevant NHS bodies or relevant health service providers must consult F16the authority in accordance with the regulations F9...,

d

as to information which F29relevant NHS bodies or relevant health service providers must provide to F16the authority,

e

as to information which may not be disclosed by a F15relevant NHS body or relevant health service provider to F16the authority,

f

requiring F32any 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 F16the authority to answer questions.

F132ZA

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 F18... or F35NHS England;

b

conferring powers on the Secretary of State to give directions to F35NHS England in relation to a matter referred to the Secretary of State by virtue of regulations under paragraph (a);

c

conferring powers on F35NHS England to give directions to F30an integrated care board in relation to a matter so referred;

d

conferring powers on F35NHS England to give directions to F23an integrated care board in relation to a matter referred to F35NHS England by virtue of regulations under paragraph (a);

e

conferring powers on the Secretary of State to give directions to F35NHS 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 F44... or F35NHS 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.

F272A

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.

F223

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—

    1. a

      F33provides services in pursuance of arrangements made by virtue of this Act, and

    2. b

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

F343A

In subsection (2)(f) “member”—

F40a

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.

F363B

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

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.

F465

In F37this 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).

245Joint overview and scrutiny committees etc

1

In this section, F10“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 F47relevant 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 F47relevant 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

F7sections 9F(5), 9FA, 9FC to 9FG and 9FI of the 2000 Act, or

F17ia

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

F17ib

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

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.

F254A

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.

F145

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

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

F26Section 9F(5) of the 2000 Act does not apply to the discharge of functions by virtue of arrangements under regulations under subsection (2).

8

F38Section 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).

F69

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

C1C2246F45Business relating to functions of local authorities by virtue of section 244: exempt information

1

This section applies in relation to any item of business at F28a 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, F39or 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 F5local authorities exercise functions under regulations under section 244.

247Application to the City of London

F21

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

F21Section 245(2)(b) and (c) applies as if such a committee were an overview and scrutiny committee F1... .

3

F3Section 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 F12(4),

F42b

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

F42c

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

F42d

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

F313A

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 F11subsections (3) and (3A), references to functions under any provision of F19section 9F(2) of the 2000 Act are, F41in 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.

F24247AApplication to certain other local authorities without overview and scrutiny committees

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