{
  "url": "https://openlegislation.uk/draft-greater-manchester-combined-authority-public-health-functions-order-2017/note",
  "json_url": "https://openlegislation.uk/draft-greater-manchester-combined-authority-public-health-functions-order-2017/note.json",
  "legislation": "ukdsi/2017/9780111159132",
  "legislation_title": "The Greater Manchester Combined Authority (Public Health Functions) Order 2017",
  "legislation_url": "https://openlegislation.uk/draft-greater-manchester-combined-authority-public-health-functions-order-2017",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nThis Order provides for the conferral of certain public health functions of local authorities on the Greater Manchester Combined Authority (“the GMCA”). This Order has been made following the publication on 18 March 2016 of a scheme for the conferral of functions on the GMCA. The scheme is available at: https://www.greatermanchester-ca.gov.uk/new_devo_powers.\nPart 6 of the Local Democracy, Economic Development and Construction Act 2009 (“the 2009 Act”) provides for the establishment of combined authorities for the areas of two or more local authorities in England. Combined authorities are bodies corporate which may be given power to exercise specified functions of a local authority under section 105 of the 2009 Act.\nArticle 3 of the Order confers on GMCA certain public health functions of local authorities, which are to be exercised concurrently with the ten district councils whose areas are comprised in the GMCA’s area (“the constituent councils”). The functions conferred are those in section 2B(1) of the National Health Service Act 2006 (“the NHS Act 2006”), namely the duty to take such steps as the local authority considers appropriate for improving the health of people in its area.\nIn consequence of the conferral of public health functions on the GMCA by article 3, articles 4 to 7 apply certain provisions of the NHS Act 2006 and the Health Act 2009 to the GMCA as those provisions apply to the constituent councils in exercising those public health functions.\nArticle 4 provides that regulations made under section 6C(2) of the NHS Act 2006 may prescribe the steps that the GMCA must take in exercising the public health functions conferred by article 3.\nArticle 5(1) provides that, when exercising the public functions conferred by article 3, the GMCA must have regard to documents published, and guidance given, by the Secretary of State as to the exercise of those functions. Article 5(2) requires the GMCA to prepare and publish an annual report on the health of the people in its area.\nArticle 6 provides that, in relation to public health functions conferred by article 3, the GMCA is treated as a local authority for the purposes of: a) powers to make regulations about partnership arrangements between NHS bodies and local authorities under section 75 of the NHS Act 2006; and b) existing regulations made under those powers. Article 6 ensures that this does not affect the position under section 75(7A) to (7D) under which the GMCA is treated as if it were an NHS body in certain circumstances. Article 6(2) ensures that the GMCA may not enter into the same set of partnership arrangements in its capacities as both a local authority and an NHS body until otherwise provided by regulations under section 75 of the NHS Act 2006.\nArticle 7 provides that the GMCA must have regard to the NHS Constitution in the exercise of “its health service functions”, consistent with the duty on its constituent councils by virtue of section 2 of the Health Act 2009. In GMCA’s case, “health service functions” are limited to the public health functions in section 2B(1) of the NHS Act 2006 that it may exercise by virtue of article 3.\nA full regulatory impact assessment has not been prepared as this instrument will have no impact on the costs of business and the voluntary sector.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2017/9780111159132/note",
    "retrieved_at": "2026-10-30T15:06:18.370475+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}