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

ANNEX 1(A)

PRESCRIBED GROUPS WHICH MUST BE CONSULTED WHEN PREPARING OR REVISING INTEGRATION SCHEMES; PREPARING DRAFT STRATEGIC PLANS; AND WHEN MAKING DECISIONS AFFECTING LOCALITIES RELATING TO THE PUBLIC BODIES (JOINT WORKING) (SCOTLAND) ACT 2014

CONSULTATION PAPER

These draft Regulations prescribe the groups that must be consulted when preparing or revising Integration Schemes, drafting strategic plans, and making significant decisions in localities. Each is explained in more detail below.

Prescribed groups which must be consulted when preparing Integration Schemes

Section 6(2)(a) of the Public Bodies (Joint Working) (Scotland) Act 2014 requires Local Authorities and Health Boards to prepare an Integration Scheme.

Before submitting the Integration Scheme to Scottish Ministers for approval, the Local Authority and Health Boards must jointly consult the groups of persons prescribed in these draft Regulations. They must also consult with any other persons that they think fit.

The Local Authority and Health Board will be expected to allow the groups of persons prescribed in these draft Regulations to obtain access to the draft Integration Scheme in order for consultees to express their views.

The prescribed groups of persons includes the standard consultees outlined at the end of this annex and within the Schedule. In addition, it includes:

• Staff of the Local Authority likely to be affected by the Integration Scheme;
• Staff of the Health Board likely to be affected by the Integration Scheme; and
• Other Local Authorities operating within the area of the Health Board preparing the Integration Scheme.

Prescribed consultees for revised Integration Schemes

Section 46(4)(a) of the Public Bodies (Joint Working) (Scotland) Act 2014 requires Integration Authorities, when conducting a review of the Integration Scheme, to consult with groups of persons who are prescribed in these draft Regulations. They must also consult other persons as they think fit. The groups of persons prescribed are the same persons who must be consulted when the Integration Scheme is first prepared.

Prescribed consultees for draft strategic plans

Section 33 of the Public Bodies (Joint Working) (Scotland) Act 2014 requires the Integration Authority to prepare a strategic plan for the area of the Local Authority.

A strategic plan is a document that sets out the arrangements for carrying out the integrated functions, and how these arrangements are intended to achieve the national health and wellbeing outcomes. Under section 33(4) of the Act, the Integration Authority must send a copy of the second draft of the strategic plan to a person they consider to be representative of the groups of persons prescribed by Scottish Ministers. These draft Regulations prescribe those groups at regulation 4.

The groups of persons prescribed are the standard consultees outlined at the end of the annex and within the Schedule to the draft Regulations.

The Integration Authority must also send the strategic plan to any other person it considers appropriate. The Scottish Government would expect these other people to include, for example, any other Local Authorities, Health Boards or Integration Authorities likely to be affected by the strategic plan.

Prescribed Consultees for locality planning

Under section 41(3) of the Public Bodies (Joint Working) (Scotland) Act 2014, where an Integration Authority (or person carrying out an Integration Authority function) proposes to take a decision which might significantly affect the provision of services in a locality, they must take action to involve and secure the views of the groups of persons prescribed in these draft Regulations. The groups are prescribed at regulation 5.

In addition to the standard consultees outlined at the end of this annex and within the schedule, for locality planning purposes, the Integration Authority must consult with the following, where they are likely to have an interest in the decision:

• Staff of the Health Board;
• Staff of the Local Authority; and
• Residents of the locality.

List of Standard Consultees

• Health professionals;
• Users of health care;
• Carers of users of health care;
• Commercial providers of health care;
• Non-commercial providers of health care;
• Social care professionals;
• Users of social care;
• Carers of users of social care;
• Commercial providers of social care;
• Non-commercial providers of social care;
• Non-commercial providers of social housing; and
• Third sector bodies carrying out activities related to health or social care.