Explanatory Note
(This note is not part of the Regulations)
These Regulations prescribe those functions which may be the subject of payments or of delegation between local authorities and NHS bodies in accordance with Part 2 of the Community Care and Health (Scotland) Act 2002 (“the Act”) and the terms and conditions and related provisions, subject to which these arrangements take place.
Regulation 2(1) prescribes the local authority functions in respect of which NHS bodies may make payments to local authorities. Such payments may be made where the conditions provided in regulation 2(2) are satisfied.
Regulation 3(1) prescribes the NHS body functions in respect of which local authorities may make payments to NHS bodies. Such payments may be made where the conditions provided in regulation 3(2) are satisfied.
Regulations 4 to 12 make provision for delegation, making payments and establishment of joint funds (“joint working arrangements”).
Regulation 4 prescribes the local authority functions in respect of which joint working arrangements may be made.
Regulation 5 prescribes, subject to certain exclusions, the NHS body functions in respect of which joint working arrangements may be made.
Regulation 6 requires local authorities and NHS bodies to consult on proposed joint working arrangements.
Regulation 7 requires that such arrangements shall be consistent with any local plans affecting the prescribed functions.
Regulation 8 requires consultation with and provision of certain information to any employees affected by the arrangements.
Regulation 9 requires an arrangement to be made by written agreement.
Regulation 10 sets out the requirements for the composition and management of a joint fund.
Regulation 11 provides for the terms which written agreements shall contain.
Regulation 12 provides that the Scottish Ministers shall be notified of arrangements after they commence.
Regulation 13 prescribes those functions, in addition to the functions set out in section 15(2)(a) or (b) (as the case may be), inadequate exercise of which authorises the Scottish Ministers to direct a local authority or NHS body to enter into arrangements under the Act.
Regulation 14 prescribes the arrangements, other than those provided for in section 15(1)(a) to (c) of the Act, which the Scottish Ministers may direct local authorities or NHS bodies to enter into.