Part 5

Co-operation of English authorities with local partners, etc
Chapter 1

...Community strategies

Health and social care: joint strategic needs assessments
116
1
An assessment of relevant needs must be prepared in relation to the area of each responsible local authority.
2
A further assessment of relevant needs in relation to the area of a responsible local authority—
a
must be prepared if the Secretary of State so directs; and
b
may be prepared at any time.
3
A direction under subsection (2)(a) may be revoked.
4
It is for—
a
the responsible local authority, and
b
each of its partner integrated care boards,
to prepare any assessment of relevant needs under this section in relation to the area of the responsible local authority.
5
The responsible local authority must publish each assessment of relevant needs prepared under this section in relation to its area.
5A
The responsible local authority must give a copy of each assessment of relevant needs prepared under this section to any integrated care partnership established under section 116ZA whose area coincides with or includes the whole or part of the area of the responsible local authority.
6
For the purposes of this section, there is a relevant need in relation to so much of the area of a responsible local authority as falls within the area of a partner integrated care board if there appears to the responsible local authority and the partner integrated care board to be a need or to be likely to be a need to which subsection (7) applies.
7
This subsection applies to a need—
a
which—
i
is capable of being met to a significant extent by the exercise by the responsible local authority of any of its functions; and
ii
could also be met, or could otherwise be affected, to a significant extent by the exercise by the partner integrated care board or NHS England of any of its functions; or
b
which—
i
is capable of being met to a significant extent by the exercise by the partner integrated care board or NHS England of any of its functions; and
ii
could also be met, or could otherwise be affected, to a significant extent by the exercise by the responsible local authority of any of its functions.
8
In preparing an assessment under this section, the responsible local authority and each of its partner integrated care boards must—
a
co-operate with one another;
b
have regard to any guidance issued by the Secretary of State;
ba
involve the Local Healthwatch organisation for the area of the responsible local authority;
bb
involve the people who live or work in that area; and
c
if the responsible local authority is a county council, involve each relevant district council.
8A
In preparing an assessment under this section, the responsible local authority or a partner
integrated care board
may consult any person it thinks appropriate.
9
In this section—
- “
partner
integrated care board
”, in relation to a responsible local authority, means any
integrated care board
whose area coincides with or falls wholly or partly within the area of the authority;
- “relevant district council” means—
  1. in relation to a responsible local authority, any district council which is a partner authority of it; and
  2. in relation to a partner integrated care board of a responsible local authority, any district council which is a partner authority of the responsible local authority and whose district falls wholly or partly within the area of the integrated care board.
S. 116 in force at 1.4.2008 by S.I. 2008/461, art. 2(3), Sch.
Pt. 5 modified (29.8.2008) by The Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008 (S.I. 2008/2113), regs. 1, 11(2)
Pt. 5 modified (29.8.2008) by The Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008 (S.I. 2008/2113), regs. 1, 12
Words in s. 116(6) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(3)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Words in s. 116(6) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(3)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Words in s. 116(6) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(3)(c), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Words in s. 116(7)(a)(ii) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(4)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Words in s. 116(7)(b)(i) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(4)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Words in s. 116(8) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(5)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
S. 116(8)(ba)(bb) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(5)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Word in s. 116(8)(c) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(5)(c), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
S. 116(8A) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(6), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Words in s. 116(9) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(7)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Words in s. 116(9) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(7)(b)(i), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Words in s. 116(9) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(7)(b)(ii), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Ss. 116-116B modified by 2006 c. 41, s. 13Z4(3) (as 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. 23(1), 306(1)(d)(4)); S.I. 2013/160, art. 2(2)
Ss. 116-116B modified by 2006 c. 41, s. 14Z24(3) (as 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. 26, 306(1)(d)(4)); S.I. 2013/160, art. 2(2)
Words in Pt. 5 Ch. 1 heading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 101(2), 115(3)(k)
Pt. 5 modified by S.I. 2008/2113, reg. 11 (as substituted (2.1.2019) by The Local Government (Structural and Boundary Changes) (Amendment) Regulations 2018 (S.I. 2018/1296), regs. 1, 14(3))
S. 116(5A) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 26(3)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
S. 116(4)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 26(3)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Words in s. 116(6) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 26(3)(c), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Words in s. 116(7) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 26(3)(c), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Words in s. 116(8) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 26(3)(d), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Words in s. 116(8A) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 26(3)(e), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Words in s. 116(9) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 26(3)(e), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Words in s. 116 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)