(1)Subsection (2) applies where a Health and Wellbeing Board is (by virtue of section 196(1)) preparing—
(a)an assessment of relevant needs under section 116 of the Local Government and Public Involvement in Health Act 2007, or
(b)a strategy under section 116A of that Act.
(2)[F2NHS England] must appoint a representative to join the Health and Wellbeing Board for the purpose of participating in its preparation of the assessment or (as the case may be) the strategy.
(3)Subsection (4) applies where a Health and Wellbeing Board is considering a matter that relates to the exercise or proposed exercise of the commissioning functions of [F2NHS England] in relation to the area of the authority that established the Health and Wellbeing Board.
(4)If the Health and Wellbeing Board so requests, [F2NHS England] must appoint a representative to join the Health and Wellbeing Board for the purpose of participating in its consideration of the matter.
(5)The person appointed under subsection (2) or (4) may, with the agreement of the Health and Wellbeing Board, be a person who is not a member or employee of [F2NHS England].
(6)In this section—
“commissioning functions”, in relation to [F2NHS England], means the functions of [F2NHS England] in arranging for the provision of services as part of the health service in England [F3(including any functions of NHS England in arranging for the provision of such services in the exercise of functions of another person)];
“the health service” has the same meaning as in the National Health Service Act 2006.
Textual Amendments
F1Words in s. 197 heading substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 17; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F2Words in s. 197 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)
F3Words in s. 197(6) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 9 para. 18; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Modifications etc. (not altering text)
C1S. 197(6) 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) (with arts. 7-9))
Commencement Information
I1S. 197 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)