Local Government and Public Involvement in Health Act 2007

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

[F1 (b) each of its partner integrated care boards,]

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.

[F2 (5A) The responsible local authority must give a copy of each assessment of relevant needs prepared under this section to any integrated care partnership established under section 116ZA whose area coincides with or includes the whole or part of the area of the responsible local authority.]

(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 [F3 of a partner [F4 integrated care board]] if there appears to the responsible local authority and [F5 the partner [F4 integrated care board]] to be a need [F6 or 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 [F7 the partner [F8 integrated care board] or [F9 NHS England]] of any of its functions; or

(b) which—

(i) is capable of being met to a significant extent by the exercise by [F10 the partner [F8 integrated care board] or [F9 NHS England]] 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 [F11 each of its partner [F12 integrated care boards]] must—

(a) co-operate with one another;

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

[F13 (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, [F14 involve] each relevant district council.

[F15 (8A) In preparing an assessment under this section, the responsible local authority or a partner [F16 integrated care board] may consult any person it thinks appropriate.]

(9) In this section—

• [F17 “partner [F18 integrated care board]”, in relation to a responsible local authority, means any [F18 integrated care board] whose area coincides with or falls wholly or partly within the area of the 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 [F19 a partner [F18 integrated care board]] 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 [F20 the area of the [F18 integrated care board]].

Textual Amendments

F1 S. 116(4)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 26(3)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F2 S. 116(5A) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 26(3)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F3 Words 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)

F4 Words in s. 116(6) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 26(3)(c), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F5 Words 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)

F6 Words 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)

F7 Words 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)

F8 Words in s. 116(7) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 26(3)(c), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F9 Words in s. 116 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)

F10 Words 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)

F11 Words 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)

F12 Words in s. 116(8) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 26(3)(d), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F13 S. 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)

F14 Word 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)

F15 S. 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)

F16 Words in s. 116(8A) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 26(3)(e), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F17 Words 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)

F18 Words in s. 116(9) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 26(3)(e), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F19 Words 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)

F20 Words 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)

C1 Ss. 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)

C2 Ss. 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

I1 S. 116 in force at 1.4.2008 by S.I. 2008/461, art. 2(3), Sch.