Q&As

Can a local authority delegate its responsibilities on safeguarding to a joint commissioning body set up pursuant to a s75 NHS agreement?

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Published on LexisPSL on 15/04/2016

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • Can a local authority delegate its responsibilities on safeguarding to a joint commissioning body set up pursuant to a s75 NHS agreement?

Under section 75 of the National Health Service Act 2006 (NHSA 2006), local authorities and NHS bodies may enter into a written agreement in relation to the exercise of any NHS functions and Local Authority—health related functions—if the partnerships are likely to lead to an improvement in the way in which those functions are exercised.

They must consult jointly with persons that may be affected by the arrangements and fulfil the objectives set out in the local health improvement plan. Though it is often the case that those affected are the staff and organisations and other mechanisms already exist for consulting on changes to services.

The NHS Bodies and Local Authorities Partnership Arrangements Regula

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