To consider proposed changes to the Constitution to accommodate the transfer of public health functions to the Council.

The Committee considered a report by the Head of Legal and Democratic Services setting out proposed changes to the Council’s Constitution to accommodate the transfer of public health functions to the Council under the Health and Social Care Act 2012. 

The meeting noted that the changes would take effect on 1 April 2013.  The Council would then have a general duty to take appropriate steps to improve the health of people resident in Central Bedfordshire.  This would include the preparation of an assessment of relevant needs and a joint health and wellbeing strategy.  Members were advised that, in addition to the strategic functions, the Act transferred a number of specific functions from the NHS to local authorities including public health services relating to dental and mental health, the medical inspection and treatment of pupils in schools and joint working with the Prison Service.  The Secretary of State had power to make regulations to transfer additional functions to local authorities.

Members noted that the Council, acting with the Secretary of State, was required to appoint a Director of Public Health.  As a result it would be necessary to amend Parts H1, H3 and H4 of the Council’s Constitution to reflect the new Director’s appointment as a statutory chief officer with prescribed responsibilities, any proper officer functions allocated and the arrangements for the officer’s appointment within the Officer Employment Procedure Rules.  Following a Member’s query the Assistant Chief Executive (People & Organisation) explained that the post’s salary would be paid from a ring fenced budget supplied by the NHS.  The budget would fund all staff transferring to the Council from the Health Service.  Following further discussion the Assistant Chief Executive (People & Organisation) undertook to provide an update on this matter in the Members’ Information Bulletin once further details emerged.

The Committee was advised that the Act required the Council to establish a Health and Wellbeing Board.  Although it was anticipated that the statutory requirement to establish a Board would come into effect from 1 April 2013 Members were aware that Central Bedfordshire had already established a Shadow Board in May 2012 and that it had met on several occasions.  It was noted that from April 2013 the Board would be responsible for undertaking the needs assessment and the preparation of the health and wellbeing strategy for the Council.

Members noted that under the Act the Health and Wellbeing Boards would be ordinary council committees appointed under the Local Government Act 1972.  The meeting also noted, however, that the provisions covering the Boards within the Health and Social Care Act 2012 were incompatible with the law regulating local authority committees set out in the Local Government Act and later local government legislation.  As a result the Government was due to make regulations which would allow Boards to function as envisaged in the Health and Social Care Act 2012.  The Department of Health had indicated that the regulations would be made in January 2013 and would come into force on 1 April 2013.

The Head of Legal and Democratic Services had drawn up draft Terms of Reference for Central Bedfordshire’s Board and a copy was attached as an appendix to the officer’s report.  The Terms of Reference, once approved, would be inserted in Part E2 of the Constitution.  However, the Committee was aware that these could require amendment as a result of the Department of Health’s regulations.  The Committee was further aware that the Committee Procedure Rules contained in Part E3 of the Constitution might need to be amended to ensure the Board’s business was conducted in accordance with the regulations.  Amendments were therefore likely with regard to the appointment of sub-committees, voting arrangements and the rules regarding political balance.  As a result the Head of Legal and Democratic Services was seeking, in his role as Monitoring Officer, for authority to make changes to the Constitution as required by the regulations and, in addition, to make further changes arising from developments that occurred before the transfer of the public health functions took effect on 1 April 2013.  The latter would be subject to consultation with the Chairman of the General Purposes Committee.

Comment was passed on the existing heavy work load experienced by the Social Care, Health and Housing Overview and Scrutiny Committee and the possibility of a new overview and scrutiny committee to undertake the scrutiny role for the Board was suggested.  In response the Head of Legal and Democratic Services advised that there were no proposed changes to the health scrutiny function.  However, this was an issue under national consideration and he might need to report further to a future meeting of the General Purposes Committee.

NOTED

the proposed changes to the Council’s Constitution that will be required as a consequence of the transfer of public health functions to the Council under the Health and Social Care Act 2012.

RECOMMENDED TO COUNCIL

that the Monitoring Officer be authorised to:

a)         make the required changes to Part H of the Constitution with regard to the appointment of a Director of Public Health, as outlined in the preamble above, and having regard to any regulations made by the Secretary of State under the Health and Social Care Act 2012;

b)        make the required changes to Part E of the Constitution with regard to the formation of a Health and Wellbeing Board, as outlined in the preamble above, and having regard to any regulations made by the Secretary of State under the Health and Social Care Act 2012;

c)         make any further changes to the Constitution that may become necessary in the light of developments that arise before the transfer of public health functions takes effect on 1 April 2013 and following consultation with the Chairman of the General Purposes Committee.