Legislation – The East Midlands Combined County Authority Regulations 2024

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PART 7Health functions

Public health functions22.

(1)

Section 2B(1) of the 2006 Act (functions of local authorities and Secretary of State as to improvement of public health)59 applies to the Combined County Authority as it applies to the constituent councils.

(2)

The functions referred to in paragraph (1) are exercisable concurrently with the constituent councils.

Duty to have regard to documents and guidance23.

Subsection (1) of section 73B of the 2006 Act (exercise of public health functions of local authorities: further provision)60 applies to the Combined County Authority as it applies to the constituent councils in the exercise of the functions mentioned in subsection (2) of that section.

Application of section 75 of the 2006 Act24.

(1)

Save as provided by section 75(7G) to (7J)61, section 75 of the 2006 Act (arrangements between NHS bodies and local authorities), and regulations made under that section before the coming into force of these Regulations, apply to the Combined County Authority in the exercise of its public health functions as those provisions apply to the constituent councils.

(2)

But where the Combined County Authority enters into prescribed arrangements by virtue of section 75(7I) and (7J) of the 2006 Act, and is thus treated as an NHS body in relation to those prescribed arrangements, it may not enter into those same prescribed arrangements in relation to the exercise of its public health functions, unless, and to the extent that, it is permitted to do so by regulations made under section 75(1) of the 2006 Act.

(3)

In this regulation—

(a)

“NHS body” is to be construed in accordance with sections 75(8) and 275 of the 2006 Act 62;

(b)

“prescribed arrangements” is to be construed in accordance with section 75 of the 2006 Act;

(c)

“public health functions” means functions exercisable by virtue of regulation 22 of these Regulations.

Duty to have regard to NHS Constitution25.

(1)

Section 2(1) of the Health Act 2009 (duty to have regard to NHS Constitution)63 applies to the Combined County Authority in the exercise of any health service function as it applies to the constituent councils in the exercise of any health service function.

(2)

In paragraph (1), “health service function” has the meaning given by section 2(3) of the Health Act 200964.