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Public Bodies (Joint Working) (Scotland) Act 2014

Supplementary

Section 49 – Information-sharing

134.Section 49 allows for the disclosure of information between local authorities, Health Boards and integration joint boards for the purpose of preparing an integration scheme, carrying out the functions that are delegated, the functions that are to be carried out in conjunction with delegated functions and the preparation of a strategic plan. The sharing of information for these purposes can take place without breaching any duty of confidentiality that may be owed by a Health Board or local authority to any person.

Section 50 – Grants to local authorities

135.Section 50 provides for the Scottish Ministers to make grant payments to local authorities in respect of costs incurred by virtue of Part 1 of the Act, and to set conditions in relation to grants made.

Section 51 – Default power of Scottish Ministers

136.Section 51 provides for the Scottish Ministers to take action where a local authority and Health Board have failed to submit an integration scheme to them for approval by the deadline set for the purposes of section 7 or under section 7(3)(c).

137.In such circumstances, the Scottish Ministers may require the local authority and Health Board to adopt the integration joint board model of integration and may decide the functions to be delegated. They may also establish the integration joint board by order, set a deadline by which the local authority and Health Board must delegate the specified functions to the integration joint board, specify payments to be made by the local authority and Health Board to the integration joint board and impose other requirements in relation to the delegated functions.

Section 52 – Directions

138.Section 52 confers a power on the Scottish Ministers to give directions to integration joint boards, Health Boards and local authorities.

139.Directions given to a local authority or Health Board under this section may relate to the functions conferred on them by this Act, the carrying out of functions delegated to them in pursuance of an integration scheme, and the functions to be carried out in conjunction with the delegated functions (subsections (1) and (2)).

140.Directions to an integration joint board may relate to the functions conferred on it by this Act and the carrying out of functions delegated to it in pursuance of an integration scheme (subsection (3)).

141.Integration joint boards, Health Boards and local authorities are required to comply with a direction given to them by the Scottish Ministers under this section.

142.Subsection (5) provides that directions made under this section may vary or revoke earlier directions made under this section and are to be made in writing.

143.Subsection (6) places a limit on the use of the power in this section to prevent the Scottish Ministers from issuing a direction to require a local authority and Health Board to submit an application under section 27(7). The Scottish Ministers cannot make an order under section 27(6) without the prior written application of the Health Board and local authority. Section 52(6) ensures that the Scottish Ministers cannot direct the Health Board and local authority to make such a written application.

Section 53 – Guidance

144.Section 53 requires persons mentioned in subsection (2) to take account of any guidance issued by the Scottish Ministers about their functions, under or in relation to the Act. The persons are a local authority, a Health Board, an integration joint board and an integration joint monitoring committee.

Section 54 – Social Care and Social Work Improvement Scotland

145.Section 54 makes amendments to the Public Services Reform (Scotland) Act 2010 to provide for Social Care and Social Work Improvement Scotland (“SCSWIS”) to inspect services which are delivered under integration functions in pursuance of an integration scheme, regardless of the person carrying out the function.

Section 55 - Healthcare Improvement Scotland

146.Section 55 makes amendments to the National Health Service (Scotland) Act 1978 to provide for Healthcare Improvement Scotland (“HIS”) to inspect services which are delivered under integration functions in pursuance of an integration scheme, regardless of the person carrying out the function.

Section 56 – Joint inspections of health and social services

147.Section 56 makes amendments to the Public Services Reform (Scotland) Act 2010 to provide for SCSWIS and HIS to jointly inspect health and social care services provided under integration functions in pursuance of an integration scheme, and to carry out such inspections jointly with the other persons mentioned in section 115(6) of that Act .

148.In carrying out joint inspections, SCSWIS and HIS are to adhere to current codes of practice issued by the Scottish Ministers and may carry out joint inspections for any of the purposes provided for by section 10I(1) or (1B) or 10J(2) of the National Health Service (Scotland) Act 1978, or section 53(2) of the Public Services Reform (Scotland) Act 2010.

Section 57 – Amendments of section 56 of Local Government (Scotland) Act 1973

149.Section 57 amends the Local Government (Scotland) Act 1973 to ensure that the functions which are conferred on local authorities by the Act must be carried out by that local authority, and may not be delegated to another local authority. For example, a local authority could not delegate the function of preparing a strategic plan under section 1 or 2 to another local authority.

Section 58 – Children’s services planning

150.Section 58 adds a new paragraph into the definition of “other service provider” in section 7(1) of the Children and Young People (Scotland) Act 2014, inserting a reference to integration joint boards. This means that services provided under functions delegated to an integration joint board will be treated in the same way, for the purposes of Part 3 of that Act, as services provided by Health Boards or local authorities.

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Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

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