# Public Bodies (Joint Working) (Scotland) Act 2014

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# Public Bodies (Joint Working) (Scotland) Act 2014

# 2014 asp 9                     

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 25th February 2014 and received Royal Assent                        on 1st April 2014                     

An Act of the Scottish Parliament to make provision in relation to the carrying out of functions of local authorities and                        Health Boards; to make further provision about certain functions of public bodies; to make further provision in relation to                        certain functions under the National Health Service (Scotland) Act 1978; and for connected purposes.                     

## **PART 1**SFunctions of local authorities and Health Boards

### Integration schemesS

#### 1 Integration schemes: same local authority and Health Board areaS

(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)

#### 2Integration schemes: two or more local authorities in Health Board areaS

(1)This section applies where the areas of two or more local authorities fall within the area of a Health Board.                  

(2)Each local authority and the Health Board must comply with subsection (3) or (4).                  

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

(4)Two or more local authorities and the Health Board must jointly prepare an integration scheme for the areas of those local                        authorities.                  

(5)For the purposes of subsection (4), if the local authorities and the Health Board decide that the integration model mentioned                        in paragraph (c) or (d) of section 1(4) is to apply—                  

(a)functions are to be delegated under those models to only one of the local authorities,                  

(b)the authorities and the Health Board must set out in the integration scheme which local authority the functions are to be                        delegated to (the “lead authority”),                  

(c)paragraph (c) of section 1(4) applies as if for the words “to the local authority” there were substituted the words “ and the local authority or authorities to the lead authority ”, and                  

(d)paragraph (d) of section 1(4) applies as if for the words from “to”, where it first occurs, to “local” there were substituted                        “ or authorities to the Health Board and delegation of functions by the Health Board and the local authority or authorities                           to the lead ”.                  

(6)In preparing an integration scheme under subsection (3) or (4), a local authority and the Health Board must take into account—                  

(a)any other integration scheme that has been, or is being, prepared in relation to the area of the same Health Board, and                  

(b)the likely effect on the Health Board of both or all the schemes prepared under this section.                  

#### 3Considerations in preparing integration schemeS

(1)This section applies where a local authority and a Health Board are preparing an integration scheme.                  

(2)The local authority and the Health Board must have regard to—                  

(a)the integration planning principles (see section 4), and                  

(b)the national health and wellbeing outcomes (see section 5).                  

#### 4Integration planning principlesS

(1)The integration planning principles are—                  

(a)that the main purpose of services which are provided in pursuance of integration functions is to improve the wellbeing of                        service-users,                  

(b)that, in so far as consistent with the main purpose, those services should be provided in a way which, so far as possible—                  

(i)is integrated from the point of view of service-users,                  

(ii)takes account of the particular needs of different service-users,                  

(iii)takes account of the particular needs of service-users in different parts of the area in which the service is being provided,                  

(iv)takes account of the particular characteristics and circumstances of different service-users,                  

(v)respects the rights of service-users,                  

(vi)takes account of the dignity of service-users,                  

(vii)takes account of the participation by service-users in the community in which service-users live,                  

(viii)protects and improves the safety of service-users,                  

(ix)improves the quality of the service,                  

(x)is planned and led locally in a way which is engaged with the community (including in particular service-users, those who                        look after service-users and those who are involved in the provision of health or social care),                  

(xi)best anticipates needs and prevents them arising, and                  

(xii)makes the best use of the available facilities, people and other resources.                  

(2)In subsection (1), “service-users” means persons to whom or in relation to whom the services are provided.                  

#### 5Power to prescribe national outcomesS

(1)The Scottish Ministers may by regulations prescribe outcomes in relation to health and wellbeing (the “national health and                        wellbeing outcomes”).                  

(2)Before making regulations under subsection (1), the Scottish Ministers must consult—                  

(a)each local authority,                  

(b)each Health Board,                  

(c)each integration joint board at the time established,                  

(d)in respect of each group mentioned in subsection (3), such persons appearing to be representative of the group as the Scottish                        Ministers think fit.                  

(3)The groups mentioned in subsection (2)(d) are—                  

(a)health professionals,                  

(b)users of health care,                  

(c)carers of users of health care,                  

(d)commercial providers of health care,                  

(e)non-commercial providers of health care,                  

(f)social care professionals,                  

(g)users of social care,                  

(h)carers of users of social care,                  

(i)commercial providers of social care,                  

(j)non-commercial providers of social care,                  

(k)such persons having functions in relation to housing as the Scottish Ministers think fit.                  

#### 6ConsultationS

(1)This section applies where a local authority and a Health Board are required by section 1(2) or 2(2) to prepare an integration                        scheme.                  

(2)Before submitting the integration scheme for approval under section 7, the local authority and the Health Board must jointly                        consult—                  

(a)such persons or groups of persons appearing to the Scottish Ministers to have an interest as may be prescribed, and                  

(b)such other persons as the local authority and the Health Board think fit.                  

(3)In finalising the integration scheme, the local authority and the Health Board must take account of any views expressed by                        virtue of subsection (2).                  

#### 7Approval of integration schemeS

(1)After complying with section 6 and before the prescribed day, a local authority and a Health Board must jointly submit an                        integration scheme to the Scottish Ministers for approval.                  

(2)The Scottish Ministers may—                  

(a)approve the scheme submitted under subsection (1),                  

(b)refuse to approve it.                  

(3)If the Scottish Ministers refuse to approve the scheme they must—                  

(a)give the local authority and the Health Board reasons for the refusal (including identifying which particular parts of the                        scheme caused them to decide to refuse approval),                  

(b)explain how the scheme should be modified, and                  

(c)specify a day by which the local authority and the Health Board must jointly modify the scheme and submit it for approval.                  

(4)Following submission of a modified scheme under subsection (3), the Scottish Ministers may—                  

(a)approve the modified scheme, or                  

(b)refuse to approve it.                  

(5)Where the Scottish Ministers refuse to approve a modified scheme, the local authority and the Health Board are to be treated                        as if they failed before the prescribed day to submit an integration scheme under this section; and section 51 applies accordingly.                  

(6)The Scottish Ministers may, on their own account or on the request of the local authority and the Health Board, specify that                        subsection (1) applies as if the prescribed day were such later day as the Scottish Ministers may specify.                  

(7)A request under subsection (6) must be made in writing and must include the reasons for the request.                  

(8)A day specified under subsection (6) is to be treated as if it were the prescribed day for the purposes of the other provisions                        of this Act.                  

#### 8Publication of integration schemeS

As soon as practicable after an integration scheme is approved under section 7, the local authority and the Health Board must                     publish it.                  

### Implementation of integration schemeS

#### 9Functions delegated to integration joint boardS

#### 10Chief officer of integration joint boardS

#### 11Other staff of integration joint boardS

#### 12Integration joint boards: further provisionS

#### 13Integration joint boards: finance and auditS

#### 14Payments to integration joint boards in respect of delegated functionsS

#### 15Functions delegated to local authority or Health BoardS

#### 16Transfer of staff where functions delegated to local authority or Health BoardS

#### 17Integration joint monitoring committees: further provisionS

#### 18Payments to Health Boards in respect of delegated functionsS

#### 19Payments to local authorities in respect of delegated functionsS

#### 20Power of Scottish Ministers to make provision giving effect to integration schemeS

#### 21Transfer of staff: effect on contract of employmentS

#### 22Co-operationS

#### 23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Carrying out of delegated functionsS

#### 25Effect of delegation of functionsS

#### 26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 27Section 26: supplementaryS

#### 28Health funding: further provisionS

### Strategic planning etc.S

#### 29Requirement to prepare strategic plansS

#### 30Considerations in preparing strategic planS

#### 31Integration delivery principlesS

#### 32Establishment of strategic planning groupS

#### 33Preparation of strategic planS

#### 34Provision of information for purpose of preparing strategic planS

#### 35Publication of strategic plansS

#### 36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 37Review of strategic planS

#### 38Requirement to prepare replacement strategic planS

#### 39Strategic plan: annual financial statementS

### Carrying out of integration functionsS

#### 40Carrying out of integration functions: generalS

In carrying out an integration function for the area of a local authority, a person must have regard to—

(a)the integration delivery principles, and                  

(b)the national health and wellbeing outcomes.                  

#### 41Carrying out of integration functions: localitiesS

(1)This section applies where—                  

(a)an integration authority carrying out an integration function for the area of a local authority proposes to take a decision                        which the integration authority considers might significantly affect the provision in a locality of the area of a service                        provided in pursuance of the function, or                  

(b)a person carrying out an integration function for the area of a local authority proposes to take a decision which the person                        considers might significantly affect the provision in a locality of the area of a service provided in pursuance of the function.                  

(2)In subsection (1), “locality” means a locality of an area as set out in the strategic plan in pursuance of section 29(3)(a).                  

(3)The integration authority or, as the case may be, person must take such action as the authority or person thinks fit with                        a view to securing that the groups mentioned in subsection (4) are involved in and consulted on the decision.                  

(4)The groups referred to in subsection (3) are such groups of persons appearing to the Scottish Ministers to have an interest                        as may be prescribed.                  

(5)The integration authority may pay to members of groups consulted under subsection (3) such expenses and allowances as the                        authority determines.                  

#### 42Integration authority: performance reportS

(1)Each integration authority must prepare a performance report for the reporting year.                  

(2)A performance report is a report setting out an assessment of performance during the reporting year to which it relates in                        planning and carrying out the integration functions for the area of the local authority.                  

(3)The Scottish Ministers may by regulations prescribe the form and content of performance reports.                  

(4)An integration authority must—                  

(a)publish each performance report before the expiry of the period of 4 months beginning with the end of the reporting year,                        and                  

(b)provide a copy of it to the persons mentioned in subsection (5).                  

(5)Those persons are—                  

(a)where the integration authority is an integration joint board, each constituent authority,                  

(b)where the integration authority is a local authority and a Health Board acting jointly, the integration joint monitoring committee,                  

(c)where the integration authority is a Health Board or a local authority—                  

(i)the integration joint monitoring committee, and                  

(ii)the other authority.                  

(6)A constituent authority must provide an integration authority which is an integration joint board with such information as                        the authority may reasonably require for the purpose of preparing a performance report.                  

(7)The other authority must provide an integration authority which is a Health Board or a local authority with such information                        as the integration authority may reasonably require for the purpose of preparing a performance report.                  

(8)In this section—                  
          -  “other authority” means the local authority or the Health Board with which the integration authority prepared the integration scheme in pursuance                           of which the integration authority acquired its delegated functions,                         
          -  “reporting year”, in relation to an integration authority, means—                          (a)
the period beginning with the date prescribed under section 9(3) or, as the case may be, 15(2) and ending on the first anniversary                                    of that date, and                                 
(b)
each subsequent period of a year.
 

#### 43ReportsS

(1)An integration joint monitoring committee may give reports to the integration authority on any aspect of the carrying out                        of the integration functions for the area of the local authority for which the integration joint monitoring committee is established.                  

(2)A report may include recommendations as to how those integration functions should be carried out in future.                  

(3)Where a report is given to an integration authority under subsection (1), the integration authority must—                  

(a)have regard to the report and any recommendations included in it,                  

(b)take such action as the authority considers necessary, and                  

(c)if the report includes recommendations, give the integration joint monitoring committee a response to them in writing as soon                        as is reasonably practicable after the authority is given the report.                  

(4)An integration joint monitoring committee may publish—                  

(a)reports given under subsection (1),                  

(b)responses given under subsection (3)(c).                  

(5)The local authority and the Health Board which prepared the integration scheme by virtue of which the integration joint monitoring                        committee is established must provide the committee with such reports, information or other assistance as the committee may                        reasonably require for the purpose of preparing a report under subsection (1).                  

### Review of integration schemeS

#### 44Review of integration schemeS

(1)This section applies where an integration scheme has been approved by the Scottish Ministers under section 7.                  

(2)The local authority and the Health Board must carry out a review of the scheme before the expiry of the relevant period for                        the purpose of identifying whether any changes to the scheme are necessary or desirable.                  

(3)Sections 3 and 6 apply to a review of an integration scheme under subsection (2) as they apply to the preparation of an integration                        scheme (but as if the words “Before submitting the integration scheme for approval under section 7,” in section 6(2) were                        omitted).                  

(4)After taking account of any views of persons consulted under section 6 (as applied by subsection (3)), the local authority                        and the Health Board must decide whether any changes to the scheme are necessary or desirable.                  

(5)In subsection (2), the “relevant period” means—                  

(a)the period of 5 years beginning with the day on which the scheme was approved under section 7, and                  

(b)each subsequent period of 5 years beginning with—                  

(i)where the local authority and the Health Board vary the scheme under section 46, the day specified under subsection (7) of                        that section,                  

(ii)where the local authority and the Health Board decide no changes to the scheme are necessary or desirable, the day on which                        that decision is made.                  

#### 45Requirement to review integration schemeS

(1)This section applies where an integration scheme has been approved by the Scottish Ministers under section 7.                  

(2)On the request of the local authority or the Health Board, the local authority and the Health Board must jointly carry out                        a review of the scheme for the purpose of identifying whether any changes to the scheme are necessary or desirable.                  

(3)On each occasion on which the Scottish Ministers exercise the power conferred by section 1(3)(f), the Scottish Ministers may                        require the local authority and the Health Board jointly to carry out a review of the integration scheme for the purpose of                        identifying whether any changes to the scheme are necessary or desirable.                  

(4)Sections 3 and 6 apply to a review of an integration scheme under subsection (2) or (3) as they apply to the preparation of                        an integration scheme (but as if the words “Before submitting the integration scheme for approval under section 7,” in section                        6(2) were omitted).                  

(5)After taking account of any views of persons consulted under section 6 (as applied by subsection (3)), the local authority                        and the Health Board must decide whether any changes to the scheme are necessary or desirable.                  

#### 46Revised integration schemeS

(1)This section applies where a local authority and a Health Board decide under section 44 or 45 that changes to an integration                        scheme are necessary or desirable.                  

(2)The local authority and the Health Board may vary the scheme by jointly preparing a revised integration scheme.                  

(3)A revised integration scheme may—                  

(a)set out additional functions that are to be delegated under the scheme as mentioned in section 1(3)(b),                  

(b)set out functions that are delegated by virtue of the integration scheme approved under section 7 that are no longer to be                        delegated,                  

(c)if the integration scheme delegates functions in accordance with the integration model mentioned in section 1(4)(b), (c) or                        (d), set out functions that are to be carried out in conjunction with the delegated functions,                  

(d)if the integration scheme delegates functions in accordance with the integration model mentioned in section 1(4)(b), (c) or                        (d), set out functions that are no longer to be carried out in conjunction with the delegated functions,                  

(e)change the method of determining amounts to be made available as mentioned in section 1(3)(d),                  

(f)change the method of determining payments as mentioned in section 1(3)(e),                  

(g)change or remove any information included in the scheme by virtue of section 1(3)(f).                  

(4)Before complying with subsection (6), the local authority and the Health Board must jointly consult—                  

(a)such persons or groups of persons appearing to the Scottish Ministers to have an interest as may be prescribed, and                  

(b)such other persons as the local authority and the Health Board think fit.                  

(5)In finalising the revised integration scheme, the local authority and the Health Board must take account of any views expressed                        by virtue of subsection (4).                  

(6)The local authority and the Health Board must jointly submit the revised scheme to the Scottish Ministers for approval under                        section 7.                  

(7)A revised integration scheme takes effect on such day as may be specified by the Scottish Ministers.                  

(8)As soon as practicable after a revised integration scheme takes effect, the local authority and the Health Board must publish                        it.                  

#### 47New integration schemeS

(1)This section applies where a local authority and a Health Board decide under section 44 or 45 that changes to an integration                        scheme are necessary or desirable.                  

(2)If the local authority and the Health Board wish to change a matter mentioned in subsection (3) they must prepare a new integration                        scheme under section 1 or (as the case may be) 2(2).                  

(3)The matters are—                  

(a)the local authority which prepared the integration scheme,                  

(b)the integration model.                  

(4)This Act applies in relation to a new integration scheme prepared by virtue of subsection (2) as it applies in relation to                        an integration scheme which requires to be prepared by section 1 or (as the case may be) 2(2).                  

#### 48Power to make provision in consequence of new integration schemeS

(1)This section applies where the Scottish Ministers approve an integration scheme which has been prepared by virtue of section                        47.                  

(2)In consequence of the replacement of an integration scheme by a new integration scheme, the Scottish Ministers may by order                        provide for the winding-up of an integration joint board.                  

(3)In consequence of the replacement of an integration scheme by a new integration scheme, the Scottish Ministers may by scheme                        make such provision about the transfer of staff, property, rights, liabilities or obligations of an integration joint board,                        a local authority or a Health Board as they consider necessary.                  

(4)Before making a scheme under subsection (3), the Scottish Ministers must consult—                  

(a)the person from whom it is proposed to transfer staff, and                  

(b)the person to whom it is proposed that the staff be transferred.                  

(5)Before making a scheme under subsection (3) in relation to staff, the Scottish Ministers must consult in respect of each group                        mentioned in subsection (6) such persons appearing to be representative of the group as the Scottish Ministers think fit.                  

(6)The groups mentioned in subsection (5) are—                  

(a)health professionals,                  

(b)social care professionals,                  

(c)such other groups of persons appearing to the Scottish Ministers to have an interest as may be prescribed.                  

### SupplementaryS

#### 49Information-sharingS

(1)Where a local authority and a Health Board are jointly preparing an integration scheme, each of them may disclose information                        to the other for or in relation to the purpose of preparing the scheme.                  

(2)Where two or more local authorities and a Health Board are jointly preparing an integration scheme, each of them may disclose                        information to any of the others for or in relation to the purpose of preparing the scheme.                  

(3)A person mentioned in subsection (4) may disclose information to any other person mentioned in that subsection for or in relation                        to either of the purposes mentioned in subsection (5).                  

(4)The persons are—                  

(a)a local authority,                  

(b)a Health Board,                  

(c)an integration joint board.                  

(5)The purposes are—                  

(a)the carrying out of integration functions,                  

(b)the preparation of a strategic plan.                  

(6)Subsections (1) to (3) apply despite any duty of confidentiality owed to any person in respect of the information by the person                        disclosing the information.                  

#### 50Grants to local authoritiesS

(1)The Scottish Ministers may make a grant to a local authority in respect of costs incurred by the authority by virtue of this                        Part.                  

(2)The payment of a grant under subsection (1) may be made subject to such conditions (including conditions as to repayment)                        as the Scottish Ministers may determine.                  

#### 51Default power of Scottish MinistersS

(1)Subsection (2) applies where a local authority and a Health Board fail before the day prescribed for the purposes of section                        7, or the day specified under subsection (3)(c) of that section, to submit an integration scheme for the approval of the Scottish                        Ministers under that section.                  

(2)The Scottish Ministers may—                  

(a)specify functions of the local authority and the Health Board which are to be delegated to an integration joint board,                  

(b)by order establish the integration joint board to which the functions are to be delegated,                  

(c)require the local authority and the Health Board to delegate the specified functions to the integration joint board before                        the prescribed day,                  

(d)require the local authority and the Health Board to make such payments to the integration joint board as the Scottish Ministers                        may specify, and                  

(e)require the local authority and the Health Board to comply with such other requirements in relation to the functions as the                        Scottish Ministers may specify.                  

#### 52DirectionsS

(1)The Scottish Ministers may give directions to a local authority in relation to the carrying out of—                  

(a)functions conferred on it by this Act,                  

(b)functions delegated to it in pursuance of an integration scheme,                  

(c)functions specified in the scheme that are to be carried out in conjunction with those functions.                  

(2)The Scottish Ministers may give directions to a Health Board in relation to the carrying out of—                  

(a)functions conferred on it by this Act,                  

(b)functions delegated to it in pursuance of an integration scheme,                  

(c)functions specified in the scheme that are to be carried out in conjunction with those functions.                  

(3)The Scottish Ministers may give directions to an integration joint board in relation to the carrying out of—                  

(a)functions conferred on it by this Act,                  

(b)functions delegated to it in pursuance of an integration scheme.                  

(4)A local authority, a Health Board or an integration joint board must comply with a direction given to it under this section.                  

(5)Directions under this section—                  

(a)may vary or revoke earlier directions under this section,                  

(b)must be in writing.                  

(6)The Scottish Ministers may not under subsection (1) or (2) give a direction requiring a local authority or Health Board to                        make a written application of the type mentioned in section 27.                  

#### 53GuidanceS

(1)A person mentioned in subsection (2) must have regard to any guidance issued by the Scottish Ministers about its functions                        under or in relation to this Act.                  

(2)Those persons are—                  

(a)a local authority,                  

(b)a Health Board,                  

(c)an integration joint board,                  

(d)an integration joint monitoring committee.                  

#### 54Social Care and Social Work Improvement ScotlandS

In section 53 of the Public Services Reform (Scotland) Act 2010 (inspections by Social Care and Social Work Improvement Scotland)—

(a)in subsection (1), after paragraph (b), add—                  

“(c)where social services, services provided under the health service or services provided by an independent health care service                           are provided in pursuance of an integration scheme approved under section 7 of the Public Bodies (Joint Working) (Scotland)                           Act 2014 (“the 2014 Act”), the planning, organisation or co-ordination of those services.”,                  

(b)in subsection (2)—                  

(i)for “this section” substitute “ subsection (1)(a) or (b) ”,                  

(ii)after paragraph (e), add—                  

“(f)reviewing and evaluating the extent to which the social service is complying with the integration delivery principles and                           contributing to achieving the national health and wellbeing outcomes,                  

(g)reviewing and evaluating the extent to which the planning, organisation or co-ordination of social services, services provided                           under the health service and services provided by an independent health care service is complying with the integration delivery                           principles and contributing to achieving the national health and wellbeing outcomes,                  

(h)reviewing and evaluating the effectiveness of a strategic plan prepared under section 29 of the 2014 Act in complying with                           the integration delivery principles and contributing to achieving the national health and wellbeing outcomes,                  

(i)encouraging improvement in the extent to which implementation of a strategic plan prepared under section 29 of the 2014 Act                           complies with the integration delivery principles and contributes to achieving the national health and wellbeing outcomes,                           and                  

(j)enabling consideration as to the need for any recommendations to be prepared as to any such improvement to be included in                           the report prepared under section 57.”,                  

(c)after subsection (2), insert—                  

“(2A)The purposes of an inspection under subsection (1)(c) may include any of those mentioned in subsection (2)(f) to (j).”, and                  

(d)after subsection (6), add—                  

“(7)In this section—                  
          -  “independent health care service” has the meaning given by section 10F(1) of the National Health Service (Scotland) Act 1978;                         
          -  “integration delivery principles” has the meaning given by section 31 of the 2014 Act;                         
          -  “national health and wellbeing outcomes” has the same meaning as in section 5(1) of the 2014 Act.”.                         

#### 55Healthcare Improvement ScotlandS

(1)The National Health Service (Scotland) Act 1978 is amended as follows.                  

(2)In section 10I (Healthcare Improvement Scotland: inspection of services provided under the health service)—                  

(a)for subsection (1), substitute—                  

“(1)HIS may inspect any service provided under the health service—                  

(a)in pursuance of its general duty of furthering improvement in the quality of health care in Scotland, or                  

(b)for any of the purposes mentioned in subsection (1B).”,                  

(b)after subsection (1), insert—                  

“(1A)Where a service provided under the health service and social services are provided by virtue of an integration scheme approved                           under section 7 of the Public Bodies (Joint Working) (Scotland) Act 2014 (“the 2014 Act”), HIS may inspect the planning, organisation or co-ordination of those services for any of the purposes mentioned in subsection                           (1B).                  

(1B)The purposes are—                  

(a)reviewing and evaluating the extent to which the service is complying with the integration delivery principles and contributing                           to achieving the national health and wellbeing outcomes,                  

(b)reviewing and evaluating the extent to which the planning, organisation or co-ordination of services provided under the health                           service and social services is complying with the integration delivery principles and contributing to achieving the national                           health and wellbeing outcomes,                  

(c)reviewing and evaluating the effectiveness of a strategic plan prepared under section 29 of the 2014 Act in complying with                           the integration delivery principles and contributing to achieving the national health and wellbeing outcomes,                  

(d)encouraging improvement in the extent to which implementation of a strategic plan prepared under section 29 of the 2014 Act                           complies with the integration delivery principles and contributes to achieving the national health and wellbeing outcomes,                           and                  

(e)enabling consideration as to the need for any recommendations to be prepared as to any such improvement to be included in                           the report prepared under section 10N.”, and                  

(c)after subsection (2), insert—                  

“(3)In this section—                  
          -  “integration delivery principles” has the meaning given by section 31 of the 2014 Act;                         
          -  “national health and wellbeing outcomes” has the same meaning as in section 5(1) of the 2014 Act;                         
          -  “social services” has the meaning given by section 46 of the Public Services Reform (Scotland) Act 2010.”.                         

(3)In section 10J (inspections of independent health care services)—                  

(a)in subsection (1), after paragraph (b), add—                  

“(c)where services provided by an independent health care service and social services are provided in pursuance of an integration                           scheme approved under section 7 of the Public Bodies (Joint Working) (Scotland) Act 2014 (“the 2014 Act”), the planning, organisation or co-ordination of those services.”,                  

(b)in subsection (2)—                  

(i)for “this section” substitute “ subsection (1)(a) or (b) ”,                  

(ii)after paragraph (e), add—                  

“(f)reviewing and evaluating the extent to which the independent health care service is complying with the integration delivery                           principles and contributing to achieving the national health and wellbeing outcomes,                  

(g)reviewing and evaluating the extent to which the planning, organisation or co-ordination of services provided by an independent                           health care service and social services is complying with the integration delivery principles and contributing to achieving                           the national health and wellbeing outcomes,                  

(h)reviewing and evaluating the effectiveness of a strategic plan prepared under section 29 of the 2014 Act in complying with                           the integration delivery principles and contributing to achieving the national health and wellbeing outcomes,                  

(i)encouraging improvement in the extent to which implementation of a strategic plan prepared under section 29 of the 2014 Act                           complies with the integration delivery principles and contributes to achieving the national health and wellbeing outcomes,                           and                  

(j)enabling consideration as to the need for any recommendations to be prepared as to any such improvement to be included in                           the report prepared under section 10N.”,                  

(c)after subsection (2), insert—                  

“(2A)The purposes of an inspection under subsection (1)(c) may include any of those mentioned in subsection (2)(f) to (j).”, and                  

(d)after subsection (7), add—                  

“(8)In this section—                  
          -  “integration delivery principles” has the meaning given by section 31 of the 2014 Act;                         
          -  “national health and wellbeing outcomes” has the same meaning as in section 5(1) of the 2014 Act;                         
          -  “social services” has the meaning given by section 46 of the Public Services Reform (Scotland) Act 2010.”.                         

#### 56Joint inspections of health services and social servicesS

(1)The Public Services Reform (Scotland) Act 2010 is amended as follows.                  

(2)In section 115(11) (meaning of “confidential information”), for “section”, where it second occurs, substitute “ sections 116A(4) and ”.                  

(3)After section 116, insert—                  

##### “116AJoint inspections of social services and health services

(1)Social Care and Social Work Improvement Scotland (“SCSWIS”) and Healthcare Improvement Scotland (“HIS”) may jointly conduct                           an inspection in relation to—                  

(a)any social services, services provided under the health service or services provided by an independent health care service                           which are provided in pursuance of an integration scheme approved under section 7 of the Public Bodies (Joint Working) (Scotland)                           Act 2014 (“the 2014 Act”), or                  

(b)a local authority, Health Board or integration joint board (as defined in section 1(4)(a) of the 2014 Act) which is required                           by section 29 of the 2014 Act to prepare a strategic plan.                  

(2)The purposes of an inspection under this section may be any of those mentioned in section 10I(1) or (1B) or 10J(2) of the                           National Health Service (Scotland) Act 1978 or section 53(2) of this Act.                  

(3)On the request of SCSWIS and HIS, any other person or body mentioned in section 115(6) may conduct an inspection under subsection                           (1) jointly with SCSWIS and HIS.                  

(4)In conducting an inspection under this section, SCSWIS and HIS must have regard to any code of practice or practice note issued                           by the Scottish Ministers for the purpose of—                  

(a)giving practical and general guidance on matters relating to such an inspection (including, without prejudice to that generality,                           such matters as access to confidential information and the holding, sharing and destruction of such information),                  

(b)promoting what appear to them to be desirable practices with regard to such matters.                  

(5)After conducting an inspection under this section, SCSWIS and HIS must—                  

(a)prepare a report, and                  

(b)give any person to whom the report relates an opportunity to comment on the report.                  

(6)SCSWIS and HIS must—                  

(a)give the report to the Scottish Ministers,                  

(b)give copies of the report to any person to whom the report relates, and                  

(c)make copies of the report available at their offices for inspection by any person at any reasonable time.                  

(7)In this section—                  
          -  “independent health care service” has the meaning given by section 10F of the National Health Service (Scotland) Act 1978;                         
          -  “social services” has the meaning given by section 46.”.                         

(4)In section 117 (regulations relating to joint inspections), after subsection (5), add—                  

“(6)In this section, “joint inspection” means an inspection conducted under section 115 or 116A.”.                  

#### 57Amendments of section 56 of Local Government (Scotland) Act 1973S

In section 56 of the Local Government (Scotland) Act 1973 (arrangements for discharge of functions by local authorities)—

(a)after subsection (7), insert—                  

“(7A)A local authority is not to make arrangements under this section for the discharge of any functions conferred on it by the                           Public Bodies (Joint Working) (Scotland) Act 2014 by any other local authority.”, and                  

(b)after subsection (15), add—                  

“(16)In this section, “Act” includes an Act of the Scottish Parliament.”.                  

#### 58Children's services planningS

In section 7(1) of the Children and Young People (Scotland) Act 2014 (which makes provision for introductory matters relating                     to children's services planning), in the definition of “other service provider”, after paragraph (e), insert—                  

“(f)an integration joint board established by order under section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014.”.                  

#### 59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 60Meaning of “integration functions”S

(1)For the purposes of this Part, the “integration functions” for the area of a local authority are—                  

(a)where in pursuance of the integration scheme for the area functions are delegated in accordance with the integration model                        mentioned in section 1(4)(a), the functions delegated to the integration joint board in pursuance of the scheme,                  

(b)where in pursuance of the integration scheme for the area functions are delegated in accordance with the integration model                        mentioned in section 1(4)(b)—                  

(i)the functions delegated to the Health Board in pursuance of the scheme, and                  

(ii)the functions to be carried out in conjunction with those functions,                  

(c)where in pursuance of the integration scheme for the area functions are delegated in accordance with the integration model                        mentioned in section 1(4)(c)—                  

(i)the functions delegated to the local authority in pursuance of the scheme, and                  

(ii)the functions to be carried out in conjunction with those functions,                  

(d)where in pursuance of the integration scheme for the area functions are delegated in accordance with the integration model                        mentioned in section 1(4)(d)—                  

(i)the functions delegated to each of the Health Board and the local authority in pursuance of the scheme, and                  

(ii)the functions to be carried out in conjunction with those functions.                  

(2)In subsection (1), the references to the functions which are to be carried out in conjunction with delegated functions are                        to the functions set out in the integration scheme in pursuance of section 1(3)(c).                  

#### 61Meaning of “constituent authority”S

For the purposes of this Part, each local authority and the Health Board which prepared the integration scheme in pursuance                     of which an integration joint board was, or is to be, established is a “constituent authority” in relation to that board.                  

## **PART 2**SShared services

### 62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 63Section 62: consequential provisionS

### 64Common Services Agency for the Scottish Health Service: residual liabilitiesS

### 65Extension of schemes for meeting losses and liabilities of health service bodiesS

## **PART 3**SHealth service: functions

### 66Scottish Ministers: power to form companies etc.S

In section 84B of the National Health Service (Scotland) Act 1978 (joint ventures)—

(a)in subsection (1), for “companies”, wherever it occurs, substitute “ bodies corporate ”,                  

(b)after subsection (1), insert—                  

“(1A)The Scottish Ministers may do any (or all) of the following—                  

(a)form or participate in forming bodies corporate for any of the purposes mentioned in subsection (1B),                  

(b)participate in bodies corporate formed for any of those purposes,                  

(c)with a view to securing or facilitating any of the purposes for which such a body corporate is formed—                  

(i)transfer, or secure the transfer, to the body corporate of heritable or moveable property held by the Scottish Ministers,                           a Health Board, the Common Services Agency for the Scottish Health Service (“the Agency”) or Healthcare Improvement Scotland (“HIS”) under or by virtue of, or for the purposes of, this Act and any rights, liabilities                           or obligations relating to the property,                  

(ii)otherwise invest in the body corporate (whether by acquiring assets, securities or rights or otherwise),                  

(iii)provide loans and guarantees and make other kinds of financial provision to or in respect of the body corporate.                  

(1B)The purposes are—                  

(a)management or development of any heritable property held by the Scottish Ministers, a Health Board, the Agency or HIS under                           or by virtue of, or for the purposes of, this Act,                  

(b)management of any moveable property so held,                  

(c)disposal of any such heritable or moveable property.”,                  

(c)in subsection (2), for “company” substitute “ body corporate ”,                  

(d)after subsection (2), insert—                  

“(2A)The Scottish Ministers may—                  

(a)form or participate in forming bodies corporate for a prescribed purpose,                  

(b)participate in bodies corporate formed for a prescribed purpose.                  

(2B)A purpose prescribed under subsection (2A) must relate to the functions conferred on the Scottish Ministers by or under this                           Act.”, and                  

(e)in subsection (3), the definition of “companies” is repealed.                  

### 67Health Boards: carrying out of functionsS

After section 12J of the National Health Service (Scotland) Act 1978, insert—

#### “12KPower of Health Board to carry out other Health Board's functions

A Health Board may, with the agreement of another Health Board and the Scottish Ministers, carry out on behalf of that other                        Health Board any function of that other Health Board.”.                  

## **PART 4**SGeneral

### 68InterpretationS

(1)In this Act—                  
          -  “Health Board” has the meaning given by section 1(16),                         
          -  “health care” has the same meaning as in section 10A(1)(b) of the National Health Service (Scotland) Act 1978,                         
          -  “health professionals” means persons of such description engaged in the provision of health care as may be prescribed,                         
          -  “integration delivery principles” has the meaning given by section 31,                         
          -  “integration joint board” has the meaning given by section 1(4)(a),                         
          -  “integration joint monitoring committee” has the meaning given by section 15(3),                         
          -  “integration scheme” has the meaning given by section 1(3),                         
          -  “national health and wellbeing outcomes” has the same meaning as in section 5(1),                         
          -  “prescribed” means prescribed by the Scottish Ministers by regulations,                         
          -  “social care” means—                          (a)
social services (having the same meaning as in Part 5 of the Public Services Reform (Scotland) Act 2010), and
(b)
such functions of local authorities relating to the provision of accommodation for persons who are homeless as may be prescribed,
 
          -  “social care professionals” means persons of such description engaged in the provision of social care as may be prescribed,                         
          -  “strategic plan” has the meaning given by section 29(2).                         

(2)For the purposes of this Act, a provider of a service is a “commercial” provider if the aim of the person in providing the                        service is or includes making a profit.                  

(3)References in this Act (other than sections 2(3), 11(4)(a)(i), 12(3)(a)(i), 45(2) (first occurrence only), 49(1) and 61)—                  

(a)to a local authority include, in the case where the integration scheme is being or has been jointly prepared under section                        2(4), references to both or all the authorities which are preparing or have prepared the scheme, acting jointly,                  

(b)to the area of a local authority mean, in a case where the integration scheme is being or has been jointly prepared under                        section 2(4), the combined area of the local authorities which are preparing or have prepared the scheme.                  

(4)References in this Act to a function include references to a function so far as exercisable in relation to persons or matters                        of a particular class or description.                  

### 69Subordinate legislationS

(1)Regulations and orders under this Act may—                  

(a)make different provision for different purposes,                  

(b)make different provision for different cases or classes of case,                  

(c)include such supplementary, incidental, consequential, transitional or transitory provision, or savings, as the Scottish Ministers                        consider appropriate.                  

(2)Regulations under sections 1(3)(f), (7), (8) and (12), 5(1) and 20 are subject to the affirmative procedure.                  

(3)An order under section 62(5) is subject to the affirmative procedure.                  

(4)An order under section 70 containing provision which adds to, replaces or omits any part of the text of an Act is subject                        to the affirmative procedure.                  

(5)Otherwise, regulations and orders under this Act are subject to the negative procedure.                  

(6)This section does not apply to an order under section 72(2).                  

### 70Ancillary provisionS

(1)The Scottish Ministers may by order—                  

(a)make such supplementary, incidental or consequential provision as they consider appropriate for the purposes of, in consequence                        of, or for giving full effect to, any provision of this Act,                  

(b)make such transitional or transitory provision or savings as they consider appropriate for the purposes of, or in connection                        with, the coming into force of any provision of this Act.                  

(2)An order under this section may modify any enactment (including this Act).                  

### 71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 72CommencementS

(1)Sections 1(3) to (16), 5, 49 and 53 and this Part (other than section 71) come into force on the day after Royal Assent.                  

(2)The other provisions of this Act come into force on such day as the Scottish Ministers may by order appoint.                  

(3)An order under subsection (2) may contain transitory or transitional provision or savings.                  

### 73Short titleS

The short title of this Act is the Public Bodies (Joint Working) (Scotland) Act 2014.

## SCHEDULESFunctions of local authorities which may be delegated

 (introduced by section 1(5))

### **PART 1**SFunctions conferred by enactments

#### 

          -  Sections 22, 26, 45 and 48 of the National Assistance Act 1948. 
          -  Section 3 of the Disabled Persons (Employment) Act 1958. 
          -  Section 11 of the Matrimonial Proceedings (Children) Act 1958. 
          -  Sections 1, 4, 5, 6B, 8, 10, 12, 12A, 12AZA, 12AA, 12AB, 13 to 14, 27, 27ZA, 28, 29, 59, 78A, 80, 81, 83, 86 and 87 of the                           Social Work (Scotland) Act 1968.                         
          -  Sections 34, 39, 40 and 50 of the Children Act 1975. 
          -  Section 24 of the Local Government and Planning (Scotland) Act 1982. 
          -  Sections 21, 22 and 23 of the Health and Social Services and Social Security Adjudications Act 1983. 
          -  Sections 3, 5, 6, 8, 9 and 10 of the Foster Children (Scotland) Act 1984. 
          -  Sections 2, 3, 7 and 8 of the Disabled Persons (Services, Consultation and Representation) Act 1986. 
          -  Sections 4, 5 and 5A and Part II of the Housing (Scotland) Act 1987. 
          -  Sections 17, 19 to 27, 29 to 32, 36, 38 and 76 of the Children (Scotland) Act 1995. 
          -  Sections 51, 203, 234B and 245A of the Criminal Procedure (Scotland) Act 1995. 
          -  Sections 10, 12, 37 and 39 to 45 of the Adults with Incapacity (Scotland) Act 2000. 
          -  Sections 1, 2, 5, 6, 8 and 92 of the Housing (Scotland) Act 2001. 
          -  Sections 5, 6 and 14 of the Community Care and Health (Scotland) Act 2002. 
          -  Sections 17, 25 to 27, 33, 34, 228 and 259 of the Mental Health (Care and Treatment) (Scotland) Act 2003. 
          -  Sections 10 and 11 of the Management of Offenders etc. (Scotland) Act 2005. 
          -  Section 71 of the Housing (Scotland) Act 2006. 
          -  Sections 1, 4, 5, 6, 9, 10, 11, 12, 19, 26, 45, 47, 48, 49, 51, 71, 80, 90, 99, 101 and 105 of the Adoption and Children (Scotland)                           Act 2007.                         
          -  Sections 4 to 11, 14, 16, 18, 22, 40, 42 and 43 of the Adult Support and Protection (Scotland) Act 2007. 
          -  Sections 35, 37, 42, 44, 48, 49, 60, 131, 144, 145, 166, 167, 180, 183 and 184 of the Children's Hearings (Scotland) Act 2011. 
          -  Sections 3, 5 to 13, 16 and 19 of the Social Care (Self-directed Support) (Scotland) Act 2013. 

### **PART 2**SFunctions conferred by virtue of enactments

#### 

          -  Section 4 of the Community Care and Health (Scotland) Act 2002. 
          -  Section 153 of the Children's Hearings (Scotland) Act 2011.