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Health and Social Care Act 2012

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This is the original version (as it was originally enacted).

191Amendments consequential on section 190
This sectionnoteType=Explanatory Notes has no associated

(1)Section 245 of the National Health Service Act 2006 (joint overview and scrutiny committees) is amended in accordance with subsections (2) to (4).

(2)In subsection (1) for the words from “relevant functions” to the end of the subsection substitute ““relevant functions” means functions under regulations under section 244(2) to (2ZC).”

(3)In subsection (2)(c), in each of sub-paragraphs (i) and (ii), for “relevant functions of the committee” substitute “relevant functions exercisable by the committee”.

(4)After subsection (4) insert—

(4A)The regulations may provide that, where a relevant function in relation to a local authority is exercisable by a joint overview and scrutiny committee by virtue of arrangements under regulations under subsection (2)(a), the local authority may not discharge the function.

(5)Omit subsections (5) and (9).

(6)Section 246 of that Act (exempt information) is amended in accordance with subsections (7) to (9).

(7)In subsection (1) for the words from “a meeting of” to the end of the subsection substitute “a meeting of a local authority or a committee of a local authority which is an item relating to functions of the authority under regulations under section 244(2) to (2ZC).”

(8)In subsection (5) for “overview and scrutiny committees” substitute “local authorities”.

(9)In the heading to section 246 for “Overview and scrutiny committees” substitute “Business relating to functions of local authorities by virtue of section 244”.

(10)Section 247 of that Act (application to the City of London) is amended in accordance with subsections (11) to (13).

(11)For subsection (1) substitute—

(1)This section applies to a committee of the Common Council appointed to exercise functions that the Council has under regulations under section 244(2) to (2ZC).

(12)In subsection (2)—

(a)for the words from the beginning to “apply” substitute “Section 245(2)(b) and (c) applies”, and

(b)omit the words from “and as if” to the end of the subsection.

(13)In subsection (4)—

(a)for “subsections (2) to (3A)” substitute “subsections (3) and (3A)”, and

(b)for the words from “in the case of the committee” to the end of the subsection substitute “in the case of a committee to which this section applies, references to functions under regulations under section 244(2) to (2ZC) which are exercisable by the committee.”

(14)Omit section 247A (application to local authorities without overview and scrutiny committees).

(15)In consequence of the amendments made by subsections (2), (7), (11), (13)(a) and (14), paragraphs 75(2), 76, 77(2) and (5)(a) and 78 of Schedule 3 to the Localism Act 2011 are omitted.

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