Search Legislation

Public Bodies (Joint Working) (Scotland) Act 2014

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 1

 Help about opening options

Alternative versions:

Status:

Point in time view as at 22/09/2014.

Changes to legislation:

There are currently no known outstanding effects for the Public Bodies (Joint Working) (Scotland) Act 2014, Section 1 . Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

1 Integration schemes: same local authority and Health Board areaS

This section has no associated Explanatory Notes

(1)Subsection (2) applies where the area of a local authority is the same as the area of a Health Board.

(2)The local authority and the Health Board must jointly prepare an integration scheme for the area of the local authority.

(3)An integration scheme is a scheme setting out—

(a)which integration model mentioned in subsection (4) is to apply,

(b)the functions that are to be delegated in accordance with that model,

(c)where functions are to be delegated in accordance with the model mentioned in subsection (4)(b), (c) or (d), the functions of the person to whom functions are to be delegated which are to be carried out in conjunction with the delegated functions,

(d)in relation to any functions to which subsection (14) applies that are to be delegated, a method of determining amounts to be made available by the Health Board for use by the person to whom the functions are delegated in respect of those functions,

(e)in relation to any functions other than those mentioned in paragraph (d) that are to be delegated (including any functions mentioned in that paragraph but in relation to which the Health Board deems subsection (14) not to apply), a method of determining payments that are to be made in respect of the delegated functions by the person delegating the functions to the person to whom the functions are delegated,

(f)prescribed information about such other matters as may be prescribed.

(4)The integration models are—

(a)delegation of functions by the local authority to a body corporate that is to be established by order under section 9 (an “integration joint board”) and delegation of functions by the Health Board to the integration joint board,

(b)delegation of functions by the local authority to the Health Board,

(c)delegation of functions by the Health Board to the local authority,

(d)delegation of functions by the local authority to the Health Board and delegation of functions by the Health Board to the local authority.

(5)A local authority may delegate a function under an integration scheme only if the function is conferred—

(a)by an enactment listed in Part 1 of the schedule, or

(b)by virtue of an enactment listed in Part 2 of the schedule.

(6)A Health Board may delegate a function under an integration scheme only if the function is prescribed.

(7)The Scottish Ministers may by regulations prescribe which of the functions conferred by or by virtue of enactments listed in the schedule local authorities must delegate under an integration scheme so far as the functions are exercisable in relation to persons of at least 18 years of age where the integration model mentioned in subsection (4)(a) or (b) is to apply under the scheme.

(8)The Scottish Ministers may by regulations prescribe functions of Health Boards which Health Boards must delegate under an integration scheme so far as the functions are exercisable in relation to persons of at least 18 years of age where the integration model mentioned in subsection (4)(a) or (c) is to apply under the scheme.

(9)If the integration model mentioned in subsection (4)(d) is to apply under an integration scheme either—

(a)the local authority must delegate the functions prescribed under subsection (7) so far as the functions are exercisable in relation to persons of at least 18 years of age, or

(b)the Health Board must delegate the functions prescribed under subsection (8) so far as the functions are exercisable in relation to persons of at least 18 years of age.

(10)The Scottish Ministers may by regulations prescribe functions of Health Boards that a Health Board—

(a)must delegate under an integration scheme other than in prescribed circumstances,

(b)may not delegate under an integration scheme in prescribed circumstances.

(11)The Scottish Ministers may by regulations prescribe which of the functions conferred by or by virtue of enactments listed in the schedule local authorities may not delegate in prescribed circumstances.

(12)The Scottish Ministers may by regulations remove an enactment from the schedule.

(13)A function may not be set out under subsection (3)(c) if it is a function which may not be delegated under an integration scheme.

(14)This subsection applies where functions that a Health Board proposes to delegate under an integration scheme—

(a)are carried out in a hospital in the area of the Health Board, and

(b)are provided for the areas of two or more local authorities.

(15)Regulations under subsection (3)(f) may include provision—

(a)conferring discretion on local authorities and Health Boards,

(b)requiring local authorities and Health Boards to establish processes and procedures relating to prescribed matters,

(c)imposing requirements on local authorities and Health Boards about the disclosure of information,

(d)in relation to such other matters relating to integration schemes as the Scottish Ministers think fit.

(16)In this section, “Health Board” means a Health Board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978.

Commencement Information

I1S. 1 partly in force; s. 1(3) - (16) in force at 2.4.2014, see s.72(1)

I2S. 1(1)(2) in force at 22.9.2014 by S.S.I. 2014/231, art. 2

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources