(17-10-2012 10:49 AM)Dean Gillon Wrote:
(18-07-2012 07:34 AM)Laura Latham Wrote:
(30-05-2012 01:02 PM)Steve Sienkiewicz Wrote:
(17-05-2012 10:55 AM)Leanne Martin Wrote: To clarify I guess, I am thinking about the disapplication/modification in relation to section 102 committees of the Local Government Act '72 and the proposed secondary legislation/regulations currently being drafted in relation to this?
Additionally does anyone know about a public consultation in autumn regarding health scrutiny?
I think the consultation in the autumn will be around the draft regulations relating to health scrutiny, from the Health & Social Care Act.
Leanne - with regard to your question about the section 102 committees, as I understand it from some work ADSO has been undertaking with the DOH regarding draft regs for HWB's, it will be a Committee of Council.
Lawyers are being instructed in the next week or so to begin drafting regulations, which it is envisaged will be shared in Sept / October.
Does anyone know the status of the above regulations please? We're currently considering the democratic implications of setting up our HWB as a committee of the council, so it'd be useful to understand the available s102 clauses that Leanne refers to above. Thanks.
An update issued to ADSO is copied below....
I wouldn't actively proceed with any work until the Regulations have been laid as much of the feedback regarding disapplication / modification of requirements of S 102 clauses will impact on how Boards are established and should give local freedoms to implement Boards as required.
"We had intended to share our plans for the secondary legislation with shadow health and wellbeing boards during September, following the engagement exercise that took place earlier in the summer. Due to the need for us to engage the new Ministerial team on our plans following the reshuffle, this has been slightly delayed.
We are now planning to share our plans with shadow boards later this month. The focus of the legislation remains, as set up in the powers in the Health and Social Care Act, to disapply or modify elements of the existing legislation relating to section 102 committees of local authorities (the Health and Social Care Act says that health and wellbeing boards will be treated as a section 102 committee) where this is needed to enable health and wellbeing boards to function in line with the policy intention.
The overiding message we heard from the engagement exercise, was the need for local flexibility in relation to areas such as political proportionality, where the feedback was that the current requirements should be lifted through the regs. We also heard that some elements of the current requirements, such as around transparency, should be retained.
The document we plan to share later this month will set out which specific provisions in the current legislation we intend to disapply, modify and retain. It will not be a draft of the regulations, but we will be happy to take questions and discuss in further detail what we expect the regulations to contain if that is helpful to local areas. The legislation itself is due to be laid in January 2013"