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Section 38 Requirement to prepare replacement strategic planI1

(1)

This section applies where the integration authority in relation to the area of a local authority is an integration joint board.

(2)

If it appears to a constituent authority that the strategic plan is preventing, or is likely to prevent, the constituent authority from carrying out any of its functions appropriately or in a way which complies with the integration delivery principles and contributes to achieving the national health and wellbeing outcomes, the constituent authorities acting jointly may direct the integration authority to prepare a replacement strategic plan.

(3)

A direction under subsection (2) must—

(a)

be in writing,

(b)

include a statement summarising the reasons for giving it.

(4)

A direction under subsection (2) must specify—

(a)

a day by which the replacement strategic plan must be prepared, and

(b)

a day on which the period of the plan is to begin.

(5)

The constituent authorities acting jointly may by direction substitute a different day for a day specified under subsection (4).

(6)

An integration authority must comply with a direction given to it under subsection (2).

(7)

Sections 30, 33, 34 and 35 apply in relation to a strategic plan prepared by virtue of subsection (2) as those sections apply in relation to a strategic plan prepared by virtue of section 29.

Annotations

Commencement

I1

S. 38 in force at 22.9.2014 by S.S.I. 2014/231, art. 2