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

Made 28th October 2014

Laid before the Scottish Parliament 30th October 2014

Coming into force28th November 2014

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 7(1) and (5), 9(3), 15(2) and 51(2)(c) of the Public Bodies (Joint Working) (Scotland) Act 20141 and all other powers enabling them to do so.

Citation, commencement and interpretation1

1

These Regulations may be cited as the Public Bodies (Joint Working) (Prescribed Days) (Scotland) Regulations 2014 and come into force on 28th November 2014.

2

In these Regulations, “the Act” means the Public Bodies (Joint Working) (Scotland) Act 2014.

Prescribed day for submission of integration schemes2

The prescribed day for the purposes of section 7 (approval of integration scheme) of the Act is 1st April 2015.

Prescribed day for delegation of functions3

The prescribed day for the purposes of section 9 (functions delegated to integration joint board), section 15 (functions delegated to local authority or Health Board) and section 51(2)(c) (default power of Scottish Ministers) of the Act is 1st April 2016.

ALEX NEILA member of the Scottish GovernmentSt Andrew’s House,Edinburgh28th October 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe days for the purposes of the Public Bodies (Joint Working) (Scotland) Act 2014 (“the Act”).

Each local authority and Health Board is required by virtue of section 1 or, as the case may be, section 2 of the Act to prepare an integration scheme setting out arrangements for joint working in respect of certain of their functions in relation to health and social care. Section 7(1) of the Act requires that an integration scheme is to be submitted to the Scottish Ministers for approval. Regulation 2 of these Regulations prescribes the day by which a local authority and Health Board must jointly submit the scheme to the Scottish Ministers for approval. The prescribed day for the purposes of sections 7(1) and 7(5) is 1st April 2015.

The integration scheme prepared under section 1, or as the case may be section 2, of the Act is to make provision for the Health Board, or the local authority, or both of them, to delegate certain of their statutory functions. Regulation 3 sets out the prescribed day on which functions are to be delegated under section 9 or, as the case may be, section 15 of the Act if the functions have not been delegated on an earlier date by virtue of section 29(4) of the Act. Section 51(2) of the Act provides that the Scottish Ministers have certain default powers, including the power in section 51(2)(c) to require functions to be delegated before the prescribed day. The prescribed day for the purposes of sections 9, 15 and 51(2)(c) is 1st April 2016.