The Local Authorities (Public Health Functions and Entry to Premises by Local Healthwatch Representatives) and Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) (Amendment) Regulations 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Local Authorities (Public Health Functions and Entry to Premises by Local Healthwatch Representatives) Regulations 2013 (S.I. 2013/351) (“the principal Regulations”) and the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013 (S.I. 2013/218) (“the 2013 Regulations”).

Regulation 2 inserts new regulations 5A to 5C into the principal Regulations. New regulation 5A prescribes steps that a local authority must take to secure that certain health and development reviews (referred to as “universal health visitor reviews”) are offered to or for the benefit of pregnant women or children aged under five years in the local authority’s area at specified stages in the development of the pregnant woman or child. The details of the reviews are set out in the Healthy Child Programme, which is defined in paragraph (5) of new regulation 5A. Copies of the Healthy Child Programme guidance policy paper referred to in that paragraph can be obtained from or inspected at Social Care, Local Government and Care Partnerships Directorate, the Department of Health, Richmond House, 79 Whitehall, London SW1A 2NS.

Regulation 5B sets out who must carry out the review. It must generally be done by a health visitor except it may be delegated to a suitably qualified health professional or nursery nurse, or be done by a family nurse where the recipient of the review is receiving or has received services under a programme known as the Family Nurse Partnership. Copies of the Family Nurse Partnership licence and two variations referred to in new regulation 5B(4) can be obtained from or inspected at Health and Well-being Directorate, Public Health England, Skipton House, 80 London Road, London SE1 6LH.

New regulation 5C enables the Secretary of State to carry out a review of new regulations 5A and 5B. Where the Secretary of State carries out such a review before 31st March 2017, the Secretary of State must also publish a report before 31st March 2017. Following such a review, it will fall to the Secretary of State to consider in particular whether new regulations 5A and 5B should be allowed to expire as new regulation 8A inserted by regulation 3 provides, or continue in force with or without amendment. A further instrument would be needed to continue new regulations 5A and 5B in force.

Regulation 4 amends the 2013 Regulations. The effect of the amendments is to delay until 1st October 2015 the start of, and extend until 30th September 2016 the end of, an exemption period provided for by the 2013 Regulations. This is the period within which the services specified in paragraph 7 of Schedule 2 to the Community Right to Challenge (Expressions of Interest and Excluded Services) (England) Regulations 2012 (S.I. 2012/1313) (“the 2012 Regulations”) are excluded from a right whereby certain bodies may submit an expression of interest in providing or assisting in providing services on behalf of specified authorities in the exercise of any of those authorities’ functions in relation to England. The services specified in paragraph 7 of Schedule 2 to the 2012 Regulations are certain health visiting and related services for children aged under five years.

An assessment of the impact of this instrument on the private sector and civil society organisations has been made. A copy of this impact assessment is annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk. Copies may be obtained from the Department of Health, Richmond House, 79 Whitehall, London SW1A 2NS.