Part 12Public involvement and scrutiny

Chapter 3Review and scrutiny by local authorities

244F1Review 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 F2... an authority to which this section applies, make provision—

(a)

as to matters relating to the health service in the authority's area which F3the authority may review and scrutinise,

(b)

as to matters relating to the health service in the authority's area on which F3the authority may make reports and recommendations to F4relevant NHS bodies or relevant health service providers, F5or the Secretary of State,

(c)

as to matters on which F4relevant NHS bodies or relevant health service providers must consult F3the authority in accordance with the regulations F6...,

(d)

as to information which F4relevant NHS bodies or relevant health service providers must provide to F3the authority,

(e)

as to information which may not be disclosed by a F7relevant NHS body or relevant health service provider to F3the authority,

(f)

requiring F8any 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 F3the authority to answer questions.

F9(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 F10... or F11NHS England;

(b)

conferring powers on the Secretary of State to give directions to F11NHS England in relation to a matter referred to the Secretary of State by virtue of regulations under paragraph (a);

(c)

conferring powers on F11NHS England to give directions to F12an integrated care board in relation to a matter so referred;

(d)

conferring powers on F11NHS England to give directions to F13an integrated care board in relation to a matter referred to F11NHS England by virtue of regulations under paragraph (a);

(e)

conferring powers on the Secretary of State to give directions to F11NHS 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 F14... or F11NHS 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.

F15(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.

F16(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)

F17provides 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.

F18(3A)

In subsection (2)(f) “member”—

F19(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.

F20(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.

F21(5)

In F22this 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).