PART 1Functions of local authorities and Health Boards

Strategic planning etc.

38Requirement to prepare replacement strategic plan

1

This section applies where the integration authority in relation to the area of a local authority is an integration joint board.

2

If it appears to a constituent authority that the strategic plan is preventing, or is likely to prevent, the constituent authority from carrying out any of its functions appropriately or in a way which complies with the integration delivery principles and contributes to achieving the national health and wellbeing outcomes, the constituent authorities acting jointly may direct the integration authority to prepare a replacement strategic plan.

3

A direction under subsection (2) must—

a

be in writing,

b

include a statement summarising the reasons for giving it.

4

A direction under subsection (2) must specify—

a

a day by which the replacement strategic plan must be prepared, and

b

a day on which the period of the plan is to begin.

5

The constituent authorities acting jointly may by direction substitute a different day for a day specified under subsection (4).

6

An integration authority must comply with a direction given to it under subsection (2).

7

Sections 30, 33, 34 and 35 apply in relation to a strategic plan prepared by virtue of subsection (2) as those sections apply in relation to a strategic plan prepared by virtue of section 29.