Part I Services and Administration

Co-operation and assistance

22 Co-operation between health authorities and local authorities.

F11

In exercising their respective functions NHS bodies (on the one hand) and local authorities (on the other) shall co-operate with one another in order to secure and advance the health and welfare of the people of England and Wales.

1A

In this section “NHS body” means—

F2za

a Strategic Health Authority;

a

a Health Authority;

b

a Special Health Authority;

c

a Primary Care Trust; F3. . .

F4cc

a Local Health Board; or

d

an NHS trust.

F52

There shall be committees, to be called joint consultative committees, who shall F6adviseF7bodies represented on them on the performance of their duties under subsection (1) above, and on the planning and operation of services of common concern to those authorities. F8. . .

F93

Except as provided by an order under the following provisions of this section, each joint consultative committee shall represent one or more Health Authorities together with, in the case of each, one or more associated local authorities; and a Health Authority shall be represented together with each of the local authorities associated with that Health Authority in one or other of the committees (but not necessarily the same committee).

3ZA

For the purposes of subsection (3) above a local authority is associated with a Health Authority if it is a local authority whose area is wholly or partly within the area of the Health Authority.

F103A

It is the Secretary of State’s duty by order to secure as respects each joint consultative committee that it includes additional members appointed in a manner specified in the order by voluntary organisations.

4

The Secretary of State shall have power by order to provide for any matter relating to joint consultative committees, and such an order may in particular—

a

provide for the way in which the provisions of subsections (2) and (3) above are to be carried out, or provide for varying the arrangements set out in those subsections;

b

provide, where it appears to the Secretary of State appropriate, for F11a Health Authority to be represented on a joint consultative committee together with a local authority none of whose area is within the area of the Health Authority;

c

afford a choice to any authorities as to the number of joint consultative committees on which they are to be represented, and provide for the case where the authorities cannot agree on the choice;

d

authorise or require a joint consultative committee to appoint any sub-committee or to join with another joint consultative committee or other joint consultative committees in appointing a joint sub-committee;

e

authorise or require the appointment to a joint consultative committee, or to any sub-committee, of persons who are F12neither—

i

members of the authorities represented by the joint consultative committee; nor

ii

appointed by virtue of an order under subsection (3A) above;

f

require the authorities represented on a joint consultative committee to defray the expenses of the committee, and of any sub-committee, in such shares as may be determined by or under the order, and provide for the way in which any dispute between those authorities concerning the expenses is to be resolved; and

g

require those authorities to make reports to the Secretary of State on the work of the joint consultative committee and of any sub-committee.

5

Before making an order under this section the Secretary of State shall consult with such associations of local authorities as appear to him to be concerned, and with any local authority with whom consultation appears to him to be desirable.

F136

Without prejudice to the generality of section 126(4) below, the power to make an order conferred by subsection (3A) above may be exercised so as to make different provision for England and Wales and different provision for different communities in either.