Regulation 9 Relevant partner authorities: reports and recommendationsI1
England and Wales
This regulation applies where—
an overview and scrutiny committee makes a report or recommendation to the authority, otherwise than—
by virtue of subsection (1)(b) of section 19 of the 2006 Act; or
by virtue of subsection (3)(a) of that section; and
the report or any of the recommendations relates to the functions of a relevant partner authority so far as exercisable in relation to—
the authority’s area; or
inhabitants of that area.
The overview and scrutiny committee may, by notice in writing, require that relevant partner authority to have regard to the report or recommendations in the exercise of its functions.
A notice under paragraph (2) must be accompanied by a copy of the report or recommendations.
It is the duty of the relevant partner authority to which a notice is given under paragraph (2) to comply with the requirement specified in the notice.
Paragraph (4) does not apply if—
the relevant partner authority is a health service body; and
either—
the relevant committee is a non-unitary district council committee or;
by virtue of section 244 of the National Health Service Act 2006f1, the report was, or the recommendations were, made to the health service body (as well as to the authority).
A relevant partner authority must provide to an overview and scrutiny committee such information as that committee may reasonably require in order to discharge its functions which has been requested in writing.
In paragraph (7) the reference to “information” does not include information in respect of which provision may be made in exercise of the power conferred by section 244(2)(d) or (e) of the National Health Service Act 2006.
A relevant partner authority may not provide to the overview and scrutiny committee—
information that was obtained by the authority from any other person where the provision of that information to the committee by the authority would constitute a breach of confidence actionable by any person;
information the disclosure of which would, or would be likely to, prejudice the exercise of the functions of the authority or the legitimate interests of any person (including the authority holding it);
personal information within the meaning of the Data Protection Act 1998f2, unless the disclosure is permitted by or under that Act; or
other information the disclosure of which is prohibited by or under any enactment.
Where, but for this paragraph, the disclosure of information would be prohibited by paragraph (8)(c), the relevant partner authority must—
revise it so that the individual concerned cannot be identified; and
if satisfied that disclosure of the information in that revised form is permitted by or under the Data Protection Act 1998, and is not otherwise prohibited, disclose it.
In this regulation, references to an overview and scrutiny committee include references to a sub-committee of such a committee.
Annotations
Textual amendments
- F1
Reg. 9(6)(aa)(ab) inserted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 172(3)(a)
- F2
Words in Regulations substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), reg. 1(2), Sch. para. 1(1)(3) (with Sch. para. 1(2))
- F3
Words in reg. 9 substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1
- F4
Reg. 9(6)(c) and word omitted (1.4.2013) by virtue of The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 172(3)(b)
- F5
Reg. 9(7A) inserted (1.4.2013) by The Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013 (S.I. 2013/218), regs. 1(2), 33(2) (with reg. 34)
Commencement
Footnotes
- f1
-
Section 244 was amended by section 121(4) of the Local Government and Public Involvement in Health Act 2007 (c.28); section 22 of, and Schedule 3 to, the Localism Act 2011.
- f2