The Public Bodies (Joint Working) (Prescribed Consultees) (Scotland) Regulations 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe groups of persons who must be consulted on integration schemes, strategic plans, or significant decisions in a locality for the purposes of sections 6(2)(a), 33(6), 41(4), and 46(4)(a) of the Public Bodies (Joint Working) (Scotland) Act 2014 (“the Act”). The Schedule lists ‘standard consultees’, being groups of persons who are prescribed in respect of each of the purposes covered by the Regulations.

Regulation 2 prescribes the groups of persons who appear to the Scottish Ministers to have an interest for the purposes of sections 6(2)(a) and 46(4)(a) of the Act. These groups of persons must be jointly consulted by a local authority and Health Board when preparing or revising an integration scheme. By virtue of regulation 2(2), the groups of persons listed in the Schedule must be consulted to the extent that they use, care for a person who uses or provide or are engaged in relation to services provided under any statutory function which a local authority or Health Board is permitted to include in joint working arrangements made under the Act.

Regulation 3 prescribes the groups of persons who appear to the Scottish Ministers to have an interest for the purposes of preparing a strategic plan.

Regulation 4 prescribes the groups of persons who appear to the Scottish Ministers to have an interest for the purposes of a decision affecting service provision in a locality. The groups of persons are only prescribed insofar as they are likely to have an interest in the particular decision being taken.

Regulation 5 sets out the extent to which the persons listed in the Schedule are prescribed for the purposes of regulations 3 and 4. Where consultation is carried out under these sections, the groups of persons listed in the schedule must be consulted if they use, care for a person who uses, or provide or are engaged in relation to services provided under the statutory functions which the integration scheme prepared for the local authority area provides are to be included in the joint working arrangements prepared under the Act.