Section 184 Functions of overview and scrutiny committees

England and Wales

(1)

This section applies to any local authority, except that it applies to the council of a district only where the district is comprised in an area for which there is no county council.

(2)

Regulations may, in relation to an overview and scrutiny committee of an authority to which this section applies, make provision—

(a)

as to matters relating to the health service in the authority's area which the committee may review and scrutinise,

(b)

as to matters relating to the health service in the authority's area on which the committee may make reports and recommendations to local NHS bodies F1, direct payment service providers F2or the Welsh Ministers,

(c)

as to matters on which local NHS bodies F3or direct payment service providers must consult the committee in accordance with the regulations (including provision as to circumstances in which the Welsh Ministers or the Independent Regulator of NHS Foundation Trusts may require consultation on those matters in accordance with the regulations),

(d)

as to information which local NHS bodies F4or direct payment service providers must provide to the committee,

(e)

as to information which may not be disclosed by a local NHS body F5or a direct payment service provider to the committee,

(f)

requiring any officer of a local NHS body F6or a direct payment service provider to attend before the committee to answer questions.

(3)

For the purposes of subsection (2), “local NHS body”, in relation to an overview and scrutiny committee, means an NHS body other than a Special Health Authority which is prescribed for those purposes in relation to the committee.

F7(3A)

For the purposes of subsection (2) and section 186, “direct payment service provider in relation to an overview and scrutiny committee of a local authority means a person who provides services to any person residing in the authority’s area in respect of which direct payments have been made under section 10B(1), or under regulations made under section 10B(6).

(4)

“The health service” includes services provided in pursuance of arrangements under regulations under section 33 in relation to the exercise of health-related functions of a local authority.

Annotations

Textual amendments

F1: Words in s. 184(2)(b) inserted (1.1.2026) by Health and Social Care (Wales) Act 2025 (asc 1), s. 29(2), Sch. 2 para. 3(2)(a)(i); S.I. 2025/1257, art. 4(b)
F2: Words in s. 184(2)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 33; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F3: Words in s. 184(2)(c) inserted (1.1.2026) by Health and Social Care (Wales) Act 2025 (asc 1), s. 29(2), Sch. 2 para. 3(2)(a)(ii); S.I. 2025/1257, art. 4(b)
F4: Words in s. 184(2)(d) inserted (1.1.2026) by Health and Social Care (Wales) Act 2025 (asc 1), s. 29(2), Sch. 2 para. 3(2)(a)(iii); S.I. 2025/1257, art. 4(b)
F5: Words in s. 184(2)(e) inserted (1.1.2026) by Health and Social Care (Wales) Act 2025 (asc 1), s. 29(2), Sch. 2 para. 3(2)(a)(iv); S.I. 2025/1257, art. 4(b)
F6: Words in s. 184(2)(f) inserted (1.1.2026) by Health and Social Care (Wales) Act 2025 (asc 1), s. 29(2), Sch. 2 para. 3(2)(a)(v); S.I. 2025/1257, art. 4(b)
F7: S. 184(3A) inserted (1.1.2026) by Health and Social Care (Wales) Act 2025 (asc 1), s. 29(2), Sch. 2 para. 3(2)(b); S.I. 2025/1257, art. 4(b)