OpenLegislation

Section 116 Health and social care: joint strategic needs assessmentsI1C1C2

England and Wales

(1)

An assessment of relevant needs must be prepared in relation to the area of each responsible local authority.

(2)

A further assessment of relevant needs in relation to the area of a responsible local authority—

(a)

must be prepared if the Secretary of State so directs; and

(b)

may be prepared at any time.

(3)

A direction under subsection (2)(a) may be revoked.

(4)

It is for—

(a)

the responsible local authority, and

F1(b)

each of its partner integrated care boards,

to prepare any assessment of relevant needs under this section in relation to the area of the responsible local authority.

(5)

The responsible local authority must publish each assessment of relevant needs prepared under this section in relation to its area.

F2(5A)

The responsible local authority must give a copy of each assessment of relevant needs prepared under this section to any integrated care partnership established under section 116ZA whose area coincides with or includes the whole or part of the area of the responsible local authority.

(6)

For the purposes of this section, there is a relevant need in relation to so much of the area of a responsible local authority as falls within the area F3of a partner F4integrated care board if there appears to the responsible local authority and F5the partner integrated care board to be a need F6or to be likely to be a need to which subsection (7) applies.

(7)

This subsection applies to a need—

(a)

which—

(i)

is capable of being met to a significant extent by the exercise by the responsible local authority of any of its functions; and

(ii)

could also be met, or could otherwise be affected, to a significant extent by the exercise by F7the partner F8integrated care board or F9NHS England of any of its functions; or

(b)

which—

(i)

is capable of being met to a significant extent by the exercise by F10the partner integrated care board or NHS England of any of its functions; and

(ii)

could also be met, or could otherwise be affected, to a significant extent by the exercise by the responsible local authority of any of its functions.

(8)

In preparing an assessment under this section, the responsible local authority and F11each of its partner F12integrated care boards must—

(a)

co-operate with one another;

(b)

have regard to any guidance issued by the Secretary of State;

F13(ba)

involve the Local Healthwatch organisation for the area of the responsible local authority;

(bb)

involve the people who live or work in that area; and

(c)

if the responsible local authority is a county council, F14involve each relevant district council.

F15(8A)

In preparing an assessment under this section, the responsible local authority or a partner F16integrated care board may consult any person it thinks appropriate.

(9)

In this section—

  • F17“partner F18integrated care board”, in relation to a responsible local authority, means any integrated care board whose area coincides with or falls wholly or partly within the area of the authority;

  • “relevant district council” means—

    1. (a)

      in relation to a responsible local authority, any district council which is a partner authority of it; and

    2. (b)

      in relation to F19a partner integrated care board of a responsible local authority, any district council which is a partner authority of the responsible local authority and whose district falls wholly or partly within F20the area of the integrated care board.

Annotations

Textual amendments

F1

S. 116(4)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 26(3)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F2

S. 116(5A) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 26(3)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F3

Words in s. 116(6) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(3)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F4

Words in s. 116(6) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 26(3)(c), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F5

Words in s. 116(6) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(3)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F6

Words in s. 116(6) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(3)(c), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F7

Words in s. 116(7)(a)(ii) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(4)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F8

Words in s. 116(7) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 26(3)(c), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F9

Words in s. 116 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F10

Words in s. 116(7)(b)(i) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(4)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F11

Words in s. 116(8) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(5)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F12

Words in s. 116(8) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 26(3)(d), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F13

S. 116(8)(ba)(bb) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(5)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F14

Word in s. 116(8)(c) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(5)(c), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F15

S. 116(8A) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(6), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F16

Words in s. 116(8A) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 26(3)(e), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F17

Words in s. 116(9) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(7)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F18

Words in s. 116(9) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 26(3)(e), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F19

Words in s. 116(9) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(7)(b)(i), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F20

Words in s. 116(9) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 192(7)(b)(ii), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Modifications

C1

Ss. 116-116B modified by 2006 c. 41, s. 13Z4(3) (as inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 23(1), 306(1)(d)(4)); S.I. 2013/160, art. 2(2)

C2

Ss. 116-116B modified by 2006 c. 41, s. 14Z24(3) (as inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 26, 306(1)(d)(4)); S.I. 2013/160, art. 2(2)

Commencement

I1

S. 116 in force at 1.4.2008 by S.I. 2008/461, art. 2(3), Sch.

Notes on Part 5

Modifications

C1

Pt. 5 modified (29.8.2008) by The Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008 (S.I. 2008/2113), regs. 1, 12

C2

Pt. 5 modified (29.8.2008) by The Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008 (S.I. 2008/2113), regs. 1, 11(2)

C3

Pt. 5 modified by S.I. 2008/2113, reg. 11 (as substituted (2.1.2019) by The Local Government (Structural and Boundary Changes) (Amendment) Regulations 2018 (S.I. 2018/1296), regs. 1, 14(3))

Notes on Chapter 1

Textual amendments

F1

Words in Pt. 5 Ch. 1 heading omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 101(2), 115(3)(k)