Local Government and Public Involvement in Health Act 2007

Valid from 01/04/2008

116 Health and social care: joint strategic needs assessments E+W

(1) An assessment of relevant needs must be prepared in relation to the area of each responsible local authority.

(2) A further assessment of relevant needs in relation to the area of a responsible local authority—

(a) must be prepared if the Secretary of State so directs; and

(b) may be prepared at any time.

(3) A direction under subsection (2)(a) may be revoked.

(4) It is for—

(a) the responsible local authority, and

(b) each of its partner PCTs,

to prepare any assessment of relevant needs under this section in relation to the area of the responsible local authority.

(5) The responsible local authority must publish each assessment of relevant needs prepared under this section in relation to its area.

(6) For the purposes of this section, there is a relevant need in relation to so much of the area of a responsible local authority as falls within the area for which a partner PCT acts if there appears to the responsible local authority and the partner PCT to be a need to which subsection (7) applies.

(7) This subsection applies to a need—

(a) which—

(i) is capable of being met to a significant extent by the exercise by the responsible local authority of any of its functions; and

(ii) could also be met, or could otherwise be affected, to a significant extent by the exercise by the partner PCT of any of its functions; or

(b) which—

(i) is capable of being met to a significant extent by the exercise by the partner PCT of any of its functions; and

(ii) could also be met, or could otherwise be affected, to a significant extent by the exercise by the responsible local authority of any of its functions.

(8) In preparing an assessment under this section, the responsible local authority and each partner PCT must—

(a) co-operate with one another;

(b) have regard to any guidance issued by the Secretary of State; and

(c) if the responsible local authority is a county council, consult each relevant district council.

(9) In this section—

• “partner PCT”, in relation to a responsible local authority, means any Primary Care Trust which is a partner authority of the responsible local authority;

• “relevant district council” means—

  (a)

  in relation to a responsible local authority, any district council which is a partner authority of it; and

  (b)

  in relation to a partner PCT of a responsible local authority, any district council which is a partner authority of the responsible local authority and whose district falls wholly or partly within the area for which the partner PCT acts.