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The Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013

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20.—(1) In this Part—

“the 2000 Act” means the Local Government Act 2000;

“a responsible person” means a relevant NHS body or a relevant health service provider(1);

“joint overview and scrutiny committee”, except in regulation 34, means an overview and scrutiny committee appointed under regulation 30;

“joint scrutiny arrangements” means arrangements made under regulation 30(1) or (5);

“local authority” includes—

(a)

the Council of the Isles of Scilly and,

(b)

in regulations 22(5), 28(1)(b), 30(1), 31 and 32, a council for a district in a county for which there is a county council(2);

“relevant functions” means functions under regulations 21 to 23, 26 and 27;

“the Board” means the National Health Service Commissioning Board(3).

(2) For the purposes of the definition of “relevant NHS body” in section 244(3) of the 2006 Act, the NHS bodies(4) prescribed in relation to a local authority are—

(a)the Board;

(b)a clinical commissioning group which arranges the provision of services to persons residing in the area of the authority; or

(c)an NHS trust or NHS foundation trust which provides services to persons residing in the area of the authority.

(3) For the purposes of paragraph (b) of the definition of “relevant health service provider” in section 244(3) of the 2006 Act, the description of body or person prescribed, in relation to a local authority, is a body or person, other than an NHS trust or NHS foundation trust, which provides any relevant services to persons residing in the area of the local authority.

(4) In paragraph (3), “relevant services” means the services referred to in paragraph (a) of the definition of “relevant health service provider” in section 244(3) of the 2006 Act.

(1)

See section 244(3) of the 2006 Act for the meaning of “relevant NHS body” and “relevant health service provider”. Subsection (3) is substituted by section 190(1) and (4) of the 2012 Act.

(2)

See section 275 of the 2006 Act for the meaning of “local authority”. See also S.I. 1981/1473 which had the effect of extending the 2006 Act to the Isles of Scilly and has effect in part as if made under section 278 of the 2006 Act by virtue of paragraph 1 of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006 (c.43).

(3)

The Board is established by section 1H of the 2006 Act. Section 1H is inserted by section 9(1) of the 2012 Act.

(4)

See section 275 of the 2006 Act for the meaning of “NHS body”. The definition was inserted by paragraph 138 of Schedule 4 to the 2012 Act.

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