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.