Part 1Public health responsibilities

Co-operation and planning

I16Duty of health boards and local authorities to co-operate

1

In exercising the functions conferred on them by virtue of this Act, each—

a

health board; and

b

local authority,

must co-operate with any relevant person that appears to the board or, as the case may be, authority to have an interest in or a function relating to the protection of public health.

F12

In subsection (1), a “relevant person” is—

a

a health board;

b

a special health board;

c

a local authority;

F2ca

an integration joint board established under section 9(2) of the Public Bodies (Joint Working) (Scotland) Act 2014;

d

the common services agency;

F1da

Healthcare Improvement Scotland;

e

the Scottish Ministers.

3

Subsection (1) is without prejudice to section 13 of the 1978 Act (duty of health boards and local authorities to co-operate to secure and advance the health of the people of Scotland).

I27Joint public health protection plans

1

Each health board must prepare such plans relating to the protection of public health in its area as the board considers appropriate.

2

In preparing a plan under subsection (1), a health board must consult the relevant local authority.

3

A plan under subsection (1) must—

a

be prepared in accordance with any guidance issued by the Scottish Ministers; and

b

include provision about such matters as may be specified in such guidance.

4

A board may comply with subsection (1) by incorporating the plan in any other plan the board is required or has power to prepare under any other enactment.

5

A board which prepares a plan under subsection (1) must publish the plan (whether as part of another plan in which it is incorporated or otherwise).

6

The board—

a

may from time to time vary a plan under subsection (1); and

b

must publish the plan as so varied.

7

The board must, before varying a plan under subsection (6)(a), consult the relevant local authority.

8

In this section, the “relevant local authority”—

a

is the local authority for the area in relation to which a board is constituted; or

b

where the area of the board comprises or includes the areas of two or more local authorities, is both or all of those authorities.