The Public Bodies (Joint Working) (Integration Joint Boards and Integration Joint Monitoring Committees) (Amendment) (Scotland) Order 2015

This SSI has been printed to correct errors in S.S.I. 2014/281 and S.S.I. 2014/285 and is being issued free of charge to all known recipients of those instruments.

Scottish Statutory Instruments

2015 No. 66

Public Health

Social Care

The Public Bodies (Joint Working) (Integration Joint Boards and Integration Joint Monitoring Committees) (Amendment) (Scotland) Order 2015

Made

17th February 2015

Laid before the Scottish Parliament

19th February 2015

Coming into force

20th March 2015

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 12, 17 and 69(1) of the Public Bodies (Joint Working) (Scotland) Act 2014(1) and all other powers enabling them to do so.

In accordance with section 12(3) of that Act, they have consulted with each local authority and Health Board. There are no integration joint boards established at the date of making this Order.

Citation and Commencement

1.  This Order may be cited as the Public Bodies (Joint Working) (Integration Joint Boards and Integration Joint Monitoring Committees) (Amendment) (Scotland) Order 2015 and comes into force on 20th March 2015.

Amendment of the Public Bodies (Joint Working) (Integration Joint Boards) (Scotland) Order 2014

2.—(1) The Public Bodies (Joint Working) (Integration Joint Boards) (Scotland) Order 2014(2) is amended as follows.

(2) In article 3—

(a) delete paragraph (1)(d);

(b) in paragraph (3), for “paragraph” substitute “each of paragraphs”;

(c) in paragraph (6), omit “, in addition,”;

(d) after paragraph (7) insert—

“(7A) A member appointed under paragraph (6) must not also be a member of the integration joint board by virtue of paragraph (1).

(7B) The chief officer of an integration joint board is to be a member of the integration joint board.”.

(3) In article 5—

(a) delete paragraph (2)(d);

(b) in paragraph (6), omit “, in addition,”;

(c) after paragraph (7) insert—

“(7A) A member appointed under paragraph (6) must not also be a member of the integration joint board by virtue of paragraph (1).

(7B) The chief officer of an integration joint board is to be a member of the integration joint board.”.

(4) In article 7(1), delete “member” where it second occurs.

(5) In article 8(2)(a), omit “have”.

(6) In article 13—

(a) in paragraph (2)(a), omit “one” where it first occurs; and

(b) in paragraph (3), after “joint”, insert “board”.

Amendment of the Public Bodies (Joint Working) (Integration Joint Monitoring Committees) (Scotland) Order 2014

3.—(1) The Public Bodies (Joint Working) (Integration Joint Monitoring Committees) (Scotland) Order 2014(3) is amended as follows.

(2) In article 3—

(a) in paragraph (1)(f)—

(i) after “proper officer”, insert “of the local authority”; and

(ii) after “1973”, omit “of the local authority”;

(b) in paragraph (2), for “paragraphs”, substitute “paragraph”;

(c) in paragraph (5)—

(i) for “must, in addition,”, substitute “it must”; and

(ii) after “at least one member”, omit “as”;

(d) after paragraph (6) insert—

“(6A) A member appointed under paragraph (5) must not also be a member of the integration joint monitoring committee by virtue of paragraph (1).”.

(3) In article 4—

(a) in paragraph (3), for “paragraphs 2”, substitute “paragraph (2)”;

(b) in paragraph (6) for “as a representative of”, substitute “in respect of”; and

(c) in paragraph (7)—

(i) in subparagraph (a), before “staff”, insert “where the integration scheme sets out that the integration model mentioned in section 1(4)(b) or (d) of the Act is to apply,”; and

(ii) in subparagraph (b), before “staff”, insert “where the integration scheme sets out that the integration model mentioned in section 1(4)(c) or (d) of the Act is to apply,”;

(d) after paragraph (7) insert—

“(7A) A member appointed under paragraph (6) must not also be a member of the integration joint monitoring committee by virtue of paragraph (2).”.

(4) In article 5(3), after “under”, insert “paragraph”.

(5) In article 8(5)(b)(vii), after “of”, insert “the”.

(6) In article 10(5), after “it” insert “by”.

(7) In the Schedule, in the heading, omit “1”.

SHONA ROBISON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

17th February 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes minor amendments to two instruments made under the Public Bodies (Joint Working) (Scotland) Act 2014 (“the 2014 Act”) to adjust drafting errors and remove inconsistencies in the instruments as originally made. The most significant amendments are described below.

Article 2 amends the Public Bodies (Joint Working) (Integration Joint Boards) (Scotland) Order 2014 to clarify that the chief officer of an integration joint board is to be a member of that board following their appointment to the role of chief officer (as provided for in section 10(1) of the 2014 Act). Article 2 also makes amendments to clarify the terms of articles 3 and 5 of that Order.

Article 3 amends the Public Bodies (Joint Working) (Integration Joint Monitoring Committees) (Scotland) Order 2014. Articles 3 and 5 of that Order are amended so that that they make consistent provision for the appointment of members of an integration joint monitoring committee.

(1)

2014 asp 9.

(2)

S.S.I. 2014/285.

(3)

S.S.I. 2014/281.