National Health Service Act 2006

244 [F1 Review and scrutiny by local authorities] E+W

(1) This section applies to any local authority, except that it applies to the council of a district only where the district is comprised in an area for which there is no county council.

(2) Regulations may, in relation to F2 ... an authority to which this section applies, make provision—

(a) as to matters relating to the health service in the authority's area which [F3 the authority] may review and scrutinise,

(b) as to matters relating to the health service in the authority's area on which [F3 the authority] may make reports and recommendations to [F4 relevant NHS bodies or relevant health service providers], [F5 or the Secretary of State],

(c) as to matters on which [F4 relevant NHS bodies or relevant health service providers] must consult [F3 the authority] in accordance with the regulations F6 ...,

(d) as to information which [F4 relevant NHS bodies or relevant health service providers] must provide to [F3 the authority],

(e) as to information which may not be disclosed by a [F7 relevant NHS body or relevant health service provider] to [F3 the authority],

(f) requiring [F8 any member or employee of a relevant NHS body, or a relevant health service provider or member or employee of a relevant health service provider,] to attend before [F3 the authority] to answer questions.

[F9 (2ZA) If (by virtue of subsection (2)(c)) regulations make provision as to matters on which relevant NHS bodies or relevant health service providers must consult the authority, the regulations may also make provision—

(a) as to circumstances in which the authority may refer any of those matters to the Secretary of State F10 ... or [F11 NHS England];

(b) conferring powers on the Secretary of State to give directions to [F11 NHS England] in relation to a matter referred to the Secretary of State by virtue of regulations under paragraph (a);

(c) conferring powers on [F11 NHS England] to give directions to [F12 an integrated care board] in relation to a matter so referred;

(d) conferring powers on [F11 NHS England] to give directions to [F13 an integrated care board] in relation to a matter referred to [F11 NHS England] by virtue of regulations under paragraph (a);

(e) conferring powers on the Secretary of State to give directions to [F11 NHS England] as to the exercise of its powers by virtue of regulations under paragraph (c) or (d).

(2ZB) The powers that may be conferred under any of paragraphs (b) to (d) of subsection (2ZA) include powers to require the person to whom the direction is given—

(a) to consult (or consult further) with the authority on the matter in question;

(b) to determine the matter in a particular way;

(c) to take, or not to take, any other steps in relation to the matter.

(2ZC) If (by virtue of subsection (2ZA)(a)) regulations make provision for an authority to refer a matter to the Secretary of State F14 ... or [F11 NHS England], the regulations may also provide for any provision of section 101 of the Local Government Act 1972—

(a) not to apply in relation to the discharge by the authority of that function, or

(b) to apply in relation to its discharge with such modifications as may be prescribed.

(2ZD) Any functions conferred on a local authority by regulations under this section are not to be the responsibility of an executive of the authority under executive arrangements (within the meaning of Part 1A of the Local Government Act 2000).

(2ZE) Regulations under this section may authorise a local authority to arrange for its functions under the regulations to be discharged by an overview and scrutiny committee of the authority.]

[F15 (2A) In subsection (2)(d) and (e), references to information are to information relating to matters relating to the health service in the authority's area.]

[F16 (3) For the purposes of subsections (2) and (2ZA)—

• “relevant NHS body”, in relation to an authority to which this section applies, means an NHS body, other than a Special Health Authority, which is prescribed for those purposes in relation to the authority;

• “relevant health service provider”, in relation to an authority to which this section applies, means a body or person which—

  (a)

  [F17 provides services in pursuance of arrangements made by virtue of this Act,] and

  (b)

  is prescribed, or is of a description prescribed, for those purposes in relation to the authority.]

[F18 (3A) In subsection (2)(f) “member”—

[F19 (a) in relation to an integrated care board, includes a person who is not a member of the board but is a member of a committee or sub-committee of it;]

(b) in relation to a relevant health service provider which is a body corporate, includes a person who is not a member of the body but is a director of it;

(c) in relation to an NHS trust, means a director of the trust;

(d) in relation to an NHS foundation trust, means a director or governor of the trust.

F20 (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(4) “The health service” includes services provided in pursuance of arrangements under regulations under section 75 in relation to the exercise of health-related functions of a local authority.

[F21 (5) In [F22 this section and section 245] references to an overview and scrutiny committee include references to—

(a) an overview and scrutiny committee of a local authority operating executive arrangements under Part 1A of the Local Government Act 2000 (executive arrangements in England), and

(b) an overview and scrutiny committee appointed by a local authority under section 9JA of that Act (appointment of overview and scrutiny committees by committee system local authorities).]

Textual Amendments

F1 S. 244 heading substituted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 190(7), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F2 Words in s. 244(2) omitted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by virtue of Health and Social Care Act 2012 (c. 7), ss. 190(2)(a), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F3 Words in s. 244(2) substituted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 190(2)(b), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F4 Words in s. 244(2) substituted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 190(2)(c), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F5 Words in s. 244(2)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 25(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F6 Words in s. 244(2)(c) omitted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by virtue of Health and Social Care Act 2012 (c. 7), ss. 190(2)(e), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F7 Words in s. 244(2) substituted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 190(2)(d), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F8 Words in s. 244(2)(f) substituted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 190(2)(f), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F9 S. 244(2ZA)-(2ZE) inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 190(3), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F10 Words in s. 244(2ZA)(a) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 25(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F11 Words in Act substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F12 Words in s. 244(2ZA)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 122(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F13 Words in s. 244(2ZA)(d) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 122(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F14 Words in s. 244(2ZC) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 25(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F15 S. 244(2A) inserted (1.4.2009) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 121(4), 245(5); S.I. 2008/3110, art. 4(c)

F16 S. 244(3) substituted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 190(4), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F17 Words in s. 244(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 9 para. 12; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F18 S. 244(3A)(3B) inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 190(5), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F19 S. 244(3A)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 122(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F20 S. 244(3B) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 122(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F21 S. 244(5) inserted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 74; S.I. 2012/1008, art. 4(b)

F22 Words in s. 244(5) substituted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 190(6), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Modifications etc. (not altering text)

C1 S. 244 modified (temp.) (11.7.2012) by The Health and Social Care Act 2012 (Commencement No.2 and Transitional, Savings and Transitory Provisions) Order 2012 (S.I. 2012/1831), art. 13(3)-(5)