Consultation on the Draft Regulations relating to the Public Bodies (Joint Working) (Scotland) Act 2014 (Set 2 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 are being published for consultation in two sets.

Consultation on the first set of draft Regulations commenced on 12 May 2014 and is running for twelve weeks until 1 August 2014. Consultation on the second set of draft Regulations and Orders will run for twelve weeks from 27 May 2014 - 18 August 2014 and covers draft Regulations and Orders relating to:

• Prescribed groups which must be consulted when preparing or revising Integration Schemes; preparing draft strategic plans; and when making decisions affecting localities
  Section 6(2)(a), Section 33(6), Section 41(4), Section 46(4)(a) of the Public Bodies (Joint Working) (Scotland) Act 2014
• Membership, powers and proceedings of Integration Joint Boards
  Section 12(1) of the Public Bodies (Joint Working) (Scotland) Act 2014
• Establishment, membership and proceedings of integration joint monitoring committees
  Section 17(1) 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

Set one contained 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 may or 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

This consultation paper:

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

Following the completion of the consultation, 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 into force by the end of 2014.