http://www.legislation.gov.uk/id/uksi/2002/3048

http://www.legislation.gov.uk/uksi/2002/3048/regulation/4/made

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

Overview and scrutiny committees

National Health Service (NHS)

Health and social care professionals

NHS management

Disclosure

King's Printer of Acts of Parliament

2014-10-07

NATIONAL HEALTH SERVICE, ENGLAND

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.

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

reg. 2(2A)

The Local Involvement Networks Regulations 2008

reg. 18(3)

reg. 1(2)

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

reg. 2(4)

The Local Involvement Networks Regulations 2008

reg. 18(4)

reg. 1(2)

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

reg. 2(2A)

The Local Involvement Networks Regulations 2008

reg. 18(5)

reg. 1(2)

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

reg. 4 heading

The Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004

Sch. 1

para. 46(3)(a)

art. 1(1)(b)

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

reg. 4(1)

The Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004

Sch. 1

para. 46(3)(b)

art. 1(1)(b)

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

reg. 4A

The Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004

Sch. 1

para. 46(4)

art. 1(1)(b)

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

reg. 4A(1)(a)

The NHS Commissioning Board Authority (Abolition and Transfer of Staff, Property and Liabilities) and the Health and Social Care Act 2012 (Consequential Amendments) Order 2012

Sch. 4

para. 8(3)

art. 1(2)(a)

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

Regulations

The Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013

reg. 33(1)(a)

reg. 1(2)

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

regs 4 - 6

The Health Act 2009 (Powers in Relation to NHS Bodies—Consequential Amendments) Regulations 2010

reg 3

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

reg. 4(2)(b)

The General Dental Services, Personal Dental Services and Abolition of the Dental Practice Board Transitional and Consequential Provisions Order 2006

Sch. 1

para. 14

art. 1(1)

Consultation of Committees by local NHS bodies4

1

Subject to the following provisions of this regulation, where a local NHS body has under consideration any proposal for a substantial development of the health service in the area of a local authority, or for a substantial variation in the provision of such service, it shall consult the overview and scrutiny committee of that authority.

2

Paragraph (1) shall not apply with respect to—

a

any proposal to establish or dissolve an NHS trust or a Primary Care Trust (unless the establishment or dissolution involves a substantial development or variation as referred to in paragraph (1) above); or

b

any proposal for a pilot scheme within the meaning of section 4 of the National Health Service (Primary Care) Act 19976.

3

Paragraph (1) shall not apply to any proposals on which the local NHS body concerned is satisfied that a decision has to be taken without allowing time for consultation because of a risk to safety or welfare of patients or staff; but, in any such case, the local NHS body shall notify the overview and scrutiny committee immediately of the decision taken and the reason why no consultation has taken place.

4

Subject to any directions issued under regulation 10, an overview and scrutiny committee which has been consulted by a local NHS body pursuant to paragraph (1) may make comments on the proposal consulted on by such date as may be specified by the local NHS body.

5

In any case where an overview and scrutiny committee is not satisfied that—

a

consultation on any proposal referred to in paragraph (1) has been adequate in relation to content or time allowed; or

b

where paragraph (3) applies, the reasons given by the local NHS body are adequate,

it may report to the Secretary of State7 in writing who may require the local NHS body concerned to carry out such consultation, or such further consultation, with the overview and scrutiny committee as he considers appropriate.

6

Where further consultation has been required under paragraph (5), the local NHS body shall, having regard to the outcome of such further consultation, reconsider any decision it has taken in relation to the proposal in question.

7

In any case where an overview and scrutiny committee considers that the proposal would not be in the interests of the health service in the area of the committee’s local authority, it may report to the Secretary of State in writing who may make a final decision on the proposal and require the local NHS body to take such action, or desist from taking such action, as he may direct.