Modifications etc. (not altering text)
C1Pt. 5 modified (29.8.2008) by The Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008 (S.I. 2008/2113), regs. 1, 12
C2Pt. 5 modified (29.8.2008) by The Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008 (S.I. 2008/2113), regs. 1, 11(2)
(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
[F1(b)each of its partner clinical commissioning groups,]
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 [F2of a partner clinical commissioning group] if there appears to the responsible local authority and [F3the partner clinical commissioning group] to be a need [F4or to be likely 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 [F5the partner clinical commissioning group or the National Health Service Commissioning Board] of any of its functions; or
(b)which—
(i)is capable of being met to a significant extent by the exercise by [F6the partner clinical commissioning group or the National Health Service Commissioning Board] 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 [F7each of its partner clinical commissioning groups] must—
(a)co-operate with one another;
(b)have regard to any guidance issued by the Secretary of State;
[F8(ba)involve the Local Healthwatch organisation for the area of the responsible local authority;
(bb)involve the people who live or work in that area;] and
(c)if the responsible local authority is a county council, [F9involve] each relevant district council.
[F10(8A)In preparing an assessment under this section, the responsible local authority or a partner clinical commissioning group may consult any person it thinks appropriate.]
(9)In this section—
[F11“partner clinical commissioning group”, in relation to a responsible local authority, means any clinical commissioning group whose area coincides with or falls wholly or partly within the area of the authority;]
“relevant district council” means—
in relation to a responsible local authority, any district council which is a partner authority of it; and
Textual Amendments
F1S. 116(4)(b) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(2), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F2Words in s. 116(6) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(3)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F3Words in s. 116(6) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(3)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F4Words in s. 116(6) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(3)(c), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F5Words in s. 116(7)(a)(ii) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(4)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F6Words in s. 116(7)(b)(i) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(4)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F7Words in s. 116(8) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(5)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F8S. 116(8)(ba)(bb) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(5)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F9Word in s. 116(8)(c) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(5)(c), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F10S. 116(8A) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(6), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F11Words in s. 116(9) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(7)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F12Words in s. 116(9) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(7)(b)(i), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F13Words in s. 116(9) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(7)(b)(ii), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Modifications etc. (not altering text)
C3Ss. 116-116B modified by 2006 c. 41, s. 13Z4(3) (as 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. 23(1), 306(1)(d)(4)); S.I. 2013/160, art. 2(2)
C4Ss. 116-116B modified by 2006 c. 41, s. 14Z24(3) (as 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. 26, 306(1)(d)(4)); S.I. 2013/160, art. 2(2)
Commencement Information
I1S. 116 in force at 1.4.2008 by S.I. 2008/461, art. 2(3), Sch.