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

ANNEX 2(A)

MEMBERSHIP, POWERS AND PROCEEDINGS OF INTEGRATION JOINT BOARDS ESTABLISHED UNDER THE PUBLIC BODIES (JOINT WORKING) (SCOTLAND) ACT 2014

CONSULTATION PAPER

Section 12(1) of the Act provides for Scottish Ministers to make provision about the membership, proceedings and powers of Integration Joint Boards; the supply of services or facilities to Integration Joint Boards by a Local Authority or Health Board; the establishment of committees by Integration Joint Boards; the operation of committees of Integration Joint Boards and the delegation of functions conferred upon Integration Joint Boards by an Integration Scheme to the chief officer, any member of its staff or any committee.

The draft Order sets out the proposed membership, proceedings and arrangements for the Integration Joint Board. These include: the categories for membership and their participant lists; voting rights; chairperson and vice chairperson roles; contingency arrangements where there is a mismatch in voting arrangements; removal of voting members; multi-council arrangements; term of office; expenses; resignation and removal; disqualification; and, the creating of standing orders by the Integration Joint Board for the proceedings of the Integration Joint Board. Where it is necessary to do so, different provision is made for the case where the Integration Scheme has been prepared by the Health Board acting jointly with more than one Local Authority.

Membership:

The Order sets out two categories of membership for the Integration Joint Board. First, a category of voting members, made up of representatives nominated by the Health Board and Local Authority. Second, a category of non-voting advisory members, made up of a number of key prescribed representatives. The Order also provides for the Integration Joint Board to appoint such additional non-voting members as it sees fit.

The membership arrangements set out in the draft Order are intended to ensure parity in both membership and decision making for the Health Board and Local Authority. Therefore, it is proposed that:

• The Local Authority and the Health Board must nominate the same number of representatives to sit on the Integration Joint Board;
• The Health Board and the Local Authority must agree on the number of representatives that they will each nominate;
• The Health Board and Local Authority must put forward a minimum of three nominees each, however Local Authorities can require that the number of nominees is to be a maximum of 10% of their full council number;
• The Local Authority will nominate councillors to sit on the Integration Joint Board;
• The Health Board will primarily nominate non-executive directors to sit on the Integration Joint Board;
• A Health Board must have at least two non-executive directors on each of the Integration Joint Boards created within their geographical area;
• Where the Health Board is unable to fill all their places with non-executive directors they can then nominate other appropriate people, who must be members of the Health Board, to fill their spaces.

Scottish Ministers consider it appropriate for only the members nominated by the Health Board and the local authority to have a vote. The effect of this will be that the voting members are either democratically elected members of the Council or appointed by Scottish Ministers, via the Public Appointments system, to the Health Board and are therefore accountable by virtue of these robust and transparent mechanisms. This is not the case for other stakeholders. Therefore members who are appointed due to their professional role, or those representing other stakeholders, will not vote on decisions of the integration joint board.

The minimum non-voting advisory membership for each Integration Joint Board is:

• A registered health professional employed and nominated by the Health Board;
• Chief Social Work Officer;
• A staff-side representative;
• A third sector representative;
• A carer representative;
• A service user representative;
• Chief Officer.

In addition, other members may be appointed, as required, by the Integration Joint Board.

Chairperson and vice chairperson

The Health Board and the Local Authority, through the Integration Joint Board, have equal and joint responsibility for the delivery of integrated services. To ensure equality in voting, the voting members that the Health Board and Local Authority put forward will be equal in number. This could lead to a situation where the voting members are split evenly at a vote, causing a stalemate in the decision making.

To ensure that a stalemate cannot occur, the Chairperson and Vice Chairperson will be drawn from the Health Board and Local Authority voting members. If a Local Authority member is to serve as Chairperson, then the Vice Chairperson will be a member nominated by the Health Board and vice versa. To ensure that a stalemate cannot occur, the Chairperson will have a casting vote, in addition to their Integration Joint Board membership vote.

The appointment to Chairperson and Vice Chairperson is time-limited and carried out on a rotational basis. This will ensure equity in decision making over time. The Health Board and Local Authority have flexibility to determine how often the Chairperson and Vice Chairperson rotate, but they must rotate at least once every three years. At the end of the period determined by the Health Board and Local Authority, if a member nominated by the Local Authority has served as Chairperson, a member nominated by the Health Board will then be appointed to the Chair and vice versa.

Standing orders

This Order contains a Schedule, which sets out provisions which will require to be included in the standing orders prepared by each Integration Joint Board. These include provision in relation to calling meetings, notice of meetings, quorum, conduct of meetings, deputies, conflict of interest and records.