This page has been designed to help you find the relevant legislation. We have also provided additional information about its content, where this seems helpful.
The Public Bodies (Joint Working) (Scotland) Act 2014, was presented to the Scottish Parliament on 28 May 2013, received royal assent on April 1 2014, and came into force on 24 July 2014.
The Act is supplemented by a series of statutory instruments that create its implementation context:-
- The national health and wellbeing outcomes – this specifies the nine national outcomes
- Integration Scheme requirements – sets out that the integration scheme must include must include a list of the functions being delegated and the related services, that this must be agreed by parties when the scheme is prepared and that the parties must act in accordance with this information
- Arrangements for Integration Joint Monitoring Committees – sets out the required membership and operating arrangements including term of office of members, the appointment of the Chair, voting and standing orders
- Arrangements for Integration Joint Boards – sets out the required membership and operating arrangements including term of office of members, the appointment of the Chair and Vice Chair, voting and standing orders
- Prescribed membership of Strategic Planning Groups
- Prescribed consultees – sets out who must be consulted when preparing or revising an integration scheme, preparing a strategic plan, and changing service provision in a locality
- Prescribed content of performance reports
There have also been a number of statutory instruments to commence the Act and deal with technical issues / definitions
- A series of Commencement Orders to bring certain parts of the Act into force on 24 July 2014, 22 September 2014, 25 February 2015
- An order that specifies that Integration Schemes must be submitted to the Scottish Government by 1 April 2015
- A series of orders to create Integration Joint Boards on 1 April 2015, 27 June 2015, 21 September 2015, 3 October 2015, and 6 February 2016
- An order to ensure that existing delegated arrangements continued from 1 April 2015 until the Integration Joint Board took responsibility for the planning and delivery of services
- An order to amend the Protection of Vulnerable Groups (Scotland) Act 2007 to include Integration Authorities
- The prescribed Health Board functions that must be delegated, later updated to include provisions in the Children and Young People (Scotland) Act 2014
- The prescribed Local Authority functions that must be delegated
- The prescribed local authority functions that can be conferred under section 23 of the Act and the conditions required for this
- Descriptions of who constitutes a health and social care professional under the Act
- A technical amendment and second technical amendment to change the wording of specific clauses within the Act – these did not change the mainstay of the content
- A technical amendment to change the wording of specific clauses within the statutory instrument that defines the arrangements for Integration Joint Monitoring Committees and Boards – these did not change the mainstay of the content.
The Scottish Government have also produced a comprehensive set of guidance notes to support implementation. Links to these are available alongside other useful information on the Scottish Government’s Health and Social Care Integration webpages but we have also provided links to these, and additional information about their content, within the relevant sections on this website.
The ALLIANCE briefed MSPs ahead of a Scottish Government debate on health and social care integration.
The briefing sets out a number of key points about the implementation of integration:
- This must reflect the clear vision for change in culture set out by Scottish Government guidance notes;
- The third sector has a substantial role to play and must be a key partner;
- Health and Social Care Partnerships need to become better able to shift investment to sustainably support effective, preventative approaches;
- People who use support and services must be full partners in the design, delivery and improvement of health and social care.
The debate occurred days before each of the new Health and Social Care Partnerships across Scotland had to have their integration schemes approved by the Scottish Government.
- ALLIANCE briefing – Scottish Government debate on health and social care integration, 19 March 2015 (download)
- Scottish Parliament: Official Report, 19 March 2015
A number of organisations and agencies undertake analysis of legislation and its implementation. A selection of those relating to health and social care integration are highlighted below.
- The Scottish Parliament Information Centre (SPICe) produce a range of briefings for MSPs to support them in their role. In August 2016 they published a health and social care integration briefing that describes how the legislation is being implemented and examines key issues for the integration agenda.
If you want to understand more about the legislative process you may find the information on the ‘How Laws are Passed‘ section of the Scottish Parliament website useful.