2017 No. 1180

Local Government, England

The Greater Manchester Combined Authority (Public Health Functions) Order 2017

Made29th November 2017

Coming into force in accordance with article 1

The Secretary of State makes the following Order in exercise of the powers conferred by sections 105(1), 114(1) and 117(5) of the Local Democracy, Economic Development and Construction Act 20091 (“the 2009 Act”).

The Secretary of State, having had regard to a scheme prepared and published under section 112 of the 2009 Act2, considers that—

the making of this Order is likely to improve the exercise of statutory functions in the area to which the Order relates, and

any consultation required by section 113(2) of the 2009 Act3 has been carried out.

In making this Order, the Secretary of State has had regard to the need to reflect the identities and interests of local communities and the need to secure effective and convenient local government4.

In accordance with section 105(3A) of the 2009 Act, the Greater Manchester Combined Authority and the district councils whose areas are comprised in the area of that Combined Authority have consented to the making of this Order5.

A draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament under section 117(2) of the 2009 Act.

Citation and commencement1

This Order may be cited as the Greater Manchester Combined Authority (Public Health Functions) Order 2017 and comes into force on the day after the day on which it is made.

Interpretation2

In this Order—

“constituent councils” means the district councils for the local government areas of Bolton, Bury, Manchester, Oldham, Rochdale, Salford, Stockport, Tameside, Trafford, and Wigan;
“GMCA” means the Greater Manchester Combined Authority, a body corporate established by the Greater Manchester Combined Authority Order 20116;
“the NHS Act 2006” means the National Health Service Act 20067; and
“relevant functions” means functions exercisable by virtue of article 3.

Exercise of public health functions by the GMCA3

1

The functions of the constituent councils specified in section 2B(1) of the NHS Act 20068 (functions of local authorities and Secretary of State as to improvement of public health) are exercisable by the GMCA in relation to its area.

2

The functions referred to in paragraph (1) are exercisable concurrently with the constituent councils.

Application of section 6C of the NHS Act 20064

Section 6C(2) of the NHS Act 20069 (regulations as to the exercise by local authorities of certain public health functions) applies to the GMCA as it applies to the constituent councils, but as if for the reference to “its public health functions” there were substituted “the functions exercisable by virtue of article 3 of the Greater Manchester Combined Authority (Public Health Functions) Order 2017”.

Application of section 73B of the NHS Act 20065

1

Subsection (1) of section 73B of the NHS Act 200610 (exercise of public health functions of local authorities: further provision), which relates to documents and guidance issued by the Secretary of State relating to public health functions, applies to the GMCA in the exercise of its relevant functions as it applies to the constituent councils in the exercise of the functions mentioned in subsection (2) of that section.

2

Subsections (5) and (6) of section 73B of the NHS Act 2006, which relate to the preparation and publication of an annual report on the health of the people in the area, apply to the GMCA in the exercise of its relevant functions as they apply to the constituent councils, but as if for the reference to “The director of public health for a local authority” in subsection (5) there were substituted “The Greater Manchester Combined Authority”.

Application of section 75 of the NHS Act 20066

1

Save as provided by section 75(7A) to (7D)11, section 75 of the NHS Act 2006 (arrangements between NHS bodies and local authorities) and regulations made under that section before the coming into force of this Order apply to the GMCA in the exercise of its relevant functions as those provisions apply to the constituent councils.

2

But where the GMCA enters into prescribed arrangements by virtue of section 75(7C) and (7D) of the NHS Act 2006, and is thus treated as an NHS body in relation to those prescribed arrangements, it may not enter into those same prescribed arrangements in relation to the exercise of its relevant functions, unless, and to the extent that, it is permitted to do so by regulations made under subsection (1) of that section.

3

In paragraph (2),

a

“NHS body” is to be construed in accordance with sections 75(8) and 275 of the NHS Act 200612;

b

“prescribed arrangements” is to be construed in accordance with section 75 of the NHS Act 2006.

Duty to have regard to NHS Constitution7

1

Section 2(1) of the Health Act 200913 (duty to have regard to NHS Constitution) applies to the GMCA in the exercise of its relevant functions as it applies to the constituent councils in the performance of their health service functions.

2

In paragraph (1), “health service function” has the meaning given by section 2(3) of the Health Act 200914.

Signed by authority of the Secretary of State for Health.

Stephen BrineParliamentary Under-Secretary of State,Department of Health29th November 2017

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for the conferral of certain public health functions of local authorities on the Greater Manchester Combined Authority (“the GMCA”). This Order has been made following the publication on 18 March 2016 of a scheme for the conferral of functions on the GMCA. The scheme is available at: https://www.greatermanchester-ca.gov.uk/new_devo_powers.

Part 6 of the Local Democracy, Economic Development and Construction Act 2009 (“the 2009 Act”) provides for the establishment of combined authorities for the areas of two or more local authorities in England. Combined authorities are bodies corporate which may be given power to exercise specified functions of a local authority under section 105 of the 2009 Act.

Article 3 of the Order confers on GMCA certain public health functions of local authorities, which are to be exercised concurrently with the ten district councils whose areas are comprised in the GMCA’s area (“the constituent councils”). The functions conferred are those in section 2B(1) of the National Health Service Act 2006 (“the NHS Act 2006”), namely the duty to take such steps as the local authority considers appropriate for improving the health of people in its area.

In consequence of the conferral of public health functions on the GMCA by article 3, articles 4 to 7 apply certain provisions of the NHS Act 2006 and the Health Act 2009 to the GMCA as those provisions apply to the constituent councils in exercising those public health functions.

Article 4 provides that regulations made under section 6C(2) of the NHS Act 2006 may prescribe the steps that the GMCA must take in exercising the public health functions conferred by article 3.

Article 5(1) provides that, when exercising the public functions conferred by article 3, the GMCA must have regard to documents published, and guidance given, by the Secretary of State as to the exercise of those functions. Article 5(2) requires the GMCA to prepare and publish an annual report on the health of the people in its area.

Article 6 provides that, in relation to public health functions conferred by article 3, the GMCA is treated as a local authority for the purposes of: a) powers to make regulations about partnership arrangements between NHS bodies and local authorities under section 75 of the NHS Act 2006; and b) existing regulations made under those powers. Article 6 ensures that this does not affect the position under section 75(7A) to (7D) under which the GMCA is treated as if it were an NHS body in certain circumstances. Article 6(2) ensures that the GMCA may not enter into the same set of partnership arrangements in its capacities as both a local authority and an NHS body until otherwise provided by regulations under section 75 of the NHS Act 2006.

Article 7 provides that the GMCA must have regard to the NHS Constitution in the exercise of “its health service functions”, consistent with the duty on its constituent councils by virtue of section 2 of the Health Act 2009. In GMCA’s case, “health service functions” are limited to the public health functions in section 2B(1) of the NHS Act 2006 that it may exercise by virtue of article 3.

A full regulatory impact assessment has not been prepared as this instrument will have no impact on the costs of business and the voluntary sector.