Statutory Instruments
2024 No. 16
NATIONAL HEALTH SERVICE, ENGLAND
The Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) (Amendment and Saving Provision) Regulations 2024
Made
8th January 2024
Laid before Parliament
9th January 2024
Coming into force
31st January 2024
Citation, commencement, extent, application and interpretation
1. —(1) These Regulations—
(a) may be cited as the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) (Amendment and Saving Provision) Regulations 2024;
(b) come into force on 31st January 2024;
(c) extend to England and Wales and apply in England.
(2) In these Regulations, “ the 2013 Regulations ” means the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013 ( 3 ).
Amendment of the 2013 Regulations
2. —(1) The 2013 Regulations are amended as follows.
(2) In regulation 23 (consultation by responsible persons)—
(a) after paragraph (5) insert—
“ (5A) R must take into consideration any direction given to it under paragraph 3(1) of Schedule 10A to the 2006 Act when discharging its duties under this regulation. ” ;
(b) omit paragraphs (6) to (11).
(3) Omit regulation 25 (decisions and directions by the Secretary of State or NHS England).
(4) In regulation 29 (restrictions on arrangements for discharge of health scrutiny functions under section 101 of the 1972 Act), omit paragraph (1).
(5) In regulation 30 (joint committees), omit paragraph (4).
Saving provision
3. —(1) Part 4 of the 2013 Regulations, as it had effect immediately before 31st January 2024, continues to apply on and after that date in relation to any existing referred proposal.
(2) In this regulation—
(a) “ existing referred proposal ” means a proposal in relation to which a local authority, or a joint overview and scrutiny committee, has made a report to the Secretary of State under regulation 23(9) of the 2013 Regulations before 31st January 2024;
(b) “joint overview and scrutiny committee” and “local authority” have the meanings given in regulation 20(1) of the 2013 Regulations.
Signed by authority of the Secretary of State for Health and Social Care.
Andrew Stephenson
Minister of State
Department of Health and Social Care
8th January 2024
2000 c. 22 (“ the 2000 Act ”). Section 9JA was inserted by paragraph 1 of Schedule 2 to the Localism Act 2011 (c. 20) . There are no relevant amendments to section 105 of the 2000 Act.
2006 c. 41 (“ the 2006 Act ”). Section 244 was amended by section 121(4) of the Local Government and Public Involvement in Health Act 2007 (c. 28) (“ the 2007 Act ”), paragraph 74 of Schedule 3 to the Localism Act 2011 (c. 20) (“ the 2011 Act ”), section 190(1) to (7) of the Health and Social Care Act 2012 (c. 7) (“ the 2012 Act ”) and paragraph 1 of Schedule 1, paragraph 122 of Schedule 4, paragraph 25 of Schedule 5 and paragraph 12 of Schedule 9 to the Health and Care Act 2022 (c. 31) . Section 245 was amended by section 127(3) of the 2007 Act, paragraphs 73 and 75 of Schedule 3 to the 2011 Act and section 191(1) to (5) of the 2012 Act. The powers conferred by the 2006 Act which are exercised in making these Regulations are exercisable by the Secretary of State only in relation to England by virtue of section 271(1) of the 2006 Act.
S.I. 2013/218 ; relevant amendments were made by S.I. 2022/634 (to change references from clinical commissioning groups to integrated care boards) and S.I. 2023/1071 (to change references from NHS Commissioning Board to NHS England).