The Local Authorities (Public Health Functions and Entry to Premises by Local Healthwatch Representatives) Regulations 2013

Public health advice service

7.—(1) Each local authority shall provide, or shall make arrangements to secure the provision of, a public health advice service to any clinical commissioning group whose area falls wholly or partly within the authority’s area.

(2) A public health advice service is a service which consists of the provision of such information and advice to a clinical commissioning group as the local authority considers necessary or appropriate, with a view to protecting and improving the health of the people in the authority’s area.

(3) In discharging the requirement under paragraph (1), the local authority shall exercise—

(a) the public health functions of the Secretary of State pursuant to section 2A of the Act, to the extent that the public health advice service relates to the protection of the health of the people in its area; and

(b) its public health functions pursuant to section 2B of the Act where the public health advice service relates to the improvement of the health of the people in the authority’s area.

(4) The purpose of the public health advice service shall be to assist clinical commissioning groups in relation to—

(a) their duties to arrange for the provision of health services under section 3 of the Act(1) (duties of clinical commissioning groups as to commissioning certain health services); and

(b) their power to arrange for the provision of services or facilities for the purposes of the health service under section 3A of the Act(2) (power of clinical commissioning groups to commission certain health services).

(5) The range of matters which is to be covered by the public health advice service shall be kept under review by the local authority and shall be determined—

(a) having regard to the needs of the people in the local authority’s area; and

(b) by agreement between the local authority and any clinical commissioning group (whether acting alone or jointly with another clinical commissioning group) to which the advice service is required to be provided, or in default of such agreement, by the local authority.

(6) The range of matters which is to be covered by the public health advice service may in particular include the following—

(a) the creation of a summary of the overall health of the people in the local authority’s area which is designed to guide clinical commissioning groups in the commissioning of appropriate health services for persons for whom a clinical commissioning group has responsibility under section 3 of the 2006 Act(3);

(b) the provision of assessments of the health needs of groups of individuals within the local authority’s area with particular conditions or diseases;

(c) advice on the development of plans for the anticipated care needs of persons for whom a clinical commissioning group is responsible under section 3 of the 2006 Act, to improve the outcomes achieved for those persons by the provision of health services;

(d) advice on how to meet the duty on each clinical commissioning group under section 14T of the Act(4) (duties as to reducing inequalities).

(1)

Section 3 of the 2006 Act is amended by section 13 of the 2012 Act.

(2)

Section 3A of the 2006 Act is inserted by section 14 of the 2012 Act.

(3)

Section 3 is amended by section 13 of the 2012 Act.

(4)

Section 14T of the 2006 Act is inserted by section 26 of the 2012 Act.