The Local Authority (Overview and Scrutiny Committees Health Scrutiny Functions) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision in relation to the health scrutiny functions of overview and scrutiny committees under sections 7 and 8 of the Health and Social Care Act 2001 (“the Act”). Section 7 of the Act inserts a power to review and scrutinise health matters in section 21 of the Local Government Act 2000 which deals with local authority overview and scrutiny committees.

Regulation 1 (citation, commencement, application and interpretation), inter alia, defines the local authorities to which the regulations apply and provides a definition for the term “local NHS body” in relation to a committee.

Regulations 2 to 6 relate to the provisions in section 7 of the Act. Regulation 2 sets out the procedure and scope of review and scrutiny. Regulation 3 deals with reports and recommendations. Regulation 4 deals with consultation of committees by local NHS bodies on proposals for substantial developments of the health service or for substantial variations in the provision of the health service. Regulation 5 deals with information to be furnished to committees by local NHS bodies and regulation 6 provides committees with the power to require officers of local NHS bodies to attend before them and answer questions for the purpose of the committees' functions.

Regulations 7 to 10 relate to the provisions in section 8 of the Act. Regulation 7 deals with joint committees, regulation 8 with delegation and regulation 9 with co-option. Regulation 10 provides the Secretary of State with a direction making power under which he may require a local authority to make arrangements for joint committees, delegation or co-option.