Local Government, England Citation and commencement 1 This Order may be cited as the Greater Manchester Combined Authority (Public Health Functions) Order 2017 and comes into force on the day after the day on which it is made. Interpretation 2 In this Order— “constituent councils” means the district councils for the local government areas of Bolton, Bury, Manchester, Oldham, Rochdale, Salford, Stockport, Tameside, Trafford, and Wigan; “ GMCA ” means the Greater Manchester Combined Authority, a body corporate established by the Greater Manchester Combined Authority Order 2011 ; “the NHS Act 2006 ” means the National Health Service Act 2006 ; and “relevant functions” means functions exercisable by virtue of article 3. Exercise of public health functions by the GMCA 3 1 The functions of the constituent councils specified in section 2B(1) of the NHS Act 2006 (functions of local authorities and Secretary of State as to improvement of public health) are exercisable by the GMCA in relation to its area. 2 The functions referred to in paragraph (1) are exercisable concurrently with the constituent councils. Application of section 6C of the NHS Act 2006 4 Section 6C(2) of the NHS Act 2006 (regulations as to the exercise by local authorities of certain public health functions) applies to the GMCA as it applies to the constituent councils, but as if for the reference to “its public health functions” there were substituted “the functions exercisable by virtue of article 3 of the Greater Manchester Combined Authority (Public Health Functions) Order 2017”. Application of section 73B of the NHS Act 2006 5 1 Subsection (1) of section 73B of the NHS Act 2006 (exercise of public health functions of local authorities: further provision), which relates to documents and guidance issued by the Secretary of State relating to public health functions, applies to the GMCA in the exercise of its relevant functions as it applies to the constituent councils in the exercise of the functions mentioned in subsection (2) of that section. 2 Subsections (5) and (6) of section 73B of the NHS Act 2006, which relate to the preparation and publication of an annual report on the health of the people in the area, apply to the GMCA in the exercise of its relevant functions as they apply to the constituent councils, but as if for the reference to “The director of public health for a local authority” in subsection (5) there were substituted “The Greater Manchester Combined Authority”. Application of section 75 of the NHS Act 2006 6 1 Save as provided by section 75(7A) to (7D) , section 75 of the NHS Act 2006 (arrangements between NHS bodies and local authorities) and regulations made under that section before the coming into force of this Order apply to the GMCA in the exercise of its relevant functions as those provisions apply to the constituent councils. 2 But where the GMCA enters into prescribed arrangements by virtue of section 75(7C) and (7D) of the NHS Act 2006, and is thus treated as an NHS body in relation to those prescribed arrangements, it may not enter into those same prescribed arrangements in relation to the exercise of its relevant functions, unless, and to the extent that, it is permitted to do so by regulations made under subsection (1) of that section. 3 In paragraph (2), a “NHS body” is to be construed in accordance with sections 75(8) and 275 of the NHS Act 2006 ; b “prescribed arrangements” is to be construed in accordance with section 75 of the NHS Act 2006. Duty to have regard to NHS Constitution 7 1 Section 2(1) of the Health Act 2009 (duty to have regard to NHS Constitution) applies to the GMCA in the exercise of its relevant functions as it applies to the constituent councils in the performance of their health service functions. 2 In paragraph (1), “health service function” has the meaning given by section 2(3) of the Health Act 2009 . Signed by authority of the Secretary of State for Health. Stephen Brine Parliamentary Under-Secretary of State, Department of Health 29th November 2017