Consultation on the Draft Regulations relating to the Public Bodies (Joint Working) (Scotland) Act 2014 (Set 1 of 2)

Executive Summary

On 1 April 2014 the Public Bodies (Joint Working) (Scotland) Act 2014 received Royal Assent.

The Act provides for Scottish Ministers to put in place a number of Regulations and Orders, and during its passage through Parliament Scottish Ministers committed to consult widely on these.

Draft Scottish Statutory Instruments to accompany the Public Bodies (Joint Working) (Scotland) Act 2014 have been developed in collaboration with stakeholders and will be published for consultation in two sets.

Consultation on the first set of draft Regulations will run for twelve weeks from Monday 12 May 2014 - Friday 1 August 2014 and will cover draft Regulations relating to:

• Prescribed information to be included in the Integration Scheme

Section 1(3)(f) of the Public Bodies (Joint Working) (Scotland) Act 2014

• Prescribed functions that must be delegated by Local Authorities

Section 1(7) of the Public Bodies (Joint Working) (Scotland) Act 2014

• Prescribed functions that mayor that must be delegated by a Health Board

Section 1(6) &1(8) of the Public Bodies (Joint Working) (Scotland) Act 2014

• Prescribed National Health and Wellbeing Outcomes

Section 5(1) of the Public Bodies (Joint Working) (Scotland) Act 2014

• Interpretation of what is meant by the terms health and social care professionals

Section 69(1) of the Public Bodies (Joint Working) (Scotland) Act 2014

• Prescribed functions conferred on a Local Authority officer

Section 23(1) of the Public Bodies (Joint Working) (Scotland) Act 2014

Consultation on the second set of draft Regulations will run for twelve weeks from Tuesday 27 May 2014 - Monday 18 August 2014 and will cover draft Regulations and Orders relating to:

• Establishment, membership and proceedings of the joint monitoring committee in lead agency arrangements

Section 17(1) of the Public Bodies (Joint Working) (Scotland) Act 2014

• Membership, powers and proceedings of integration joint boards in body corporate arrangements

Section 12(1) of the Public Bodies (Joint Working) (Scotland) Act 2014

• Prescribed groups which must be consulted when drafting integration schemes, prescribed consultees for draft strategic plans, prescribed consultees for localities, prescribed consultees for revised integration schemes

Section 6(2)(a), Section 33(6), Section 44(4), Section 46(4)(a) of the Public Bodies (Joint Working) (Scotland) Act 2014

• Prescribed membership of strategic planning groups

Section 32(2) of the Public Bodies (Joint Working) (Scotland) Act 2014

• Prescribed form and content of performance reports

Section 42(3) of the Public Bodies (Joint Working) (Scotland) Act 2014

This consultation paper:

• Contains the first set of draft Regulations to accompany the Public Bodies (Joint Working) (Scotland) Act 2014;
• Outlines the policy rationale behind each draft Regulation; and
• Outlines key consultation questions upon which the Scottish Government would like to hear your views.

Following the completion of consultation on both sets of draft Regulations an analysis of written responses will be published. Scottish Ministers and officials will continue to work collaboratively with key stakeholders to consider the consultation responses. Consequently, the Regulations and Orders may be amended after this consultation. The final versions of each instrument will be laid before Parliament from late September 2014, before coming in to force by the end of 2014.