ITEM 11 IJB Directions Letters
North Lanarkshire Council · 27 March 2024
Back to Health and Social Care Integration Joint Board — 27 March 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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1 REPORT Item No: 11 SUBJECT: IJB Directions Letters TO: Integration Joint Board Committee Lead Officer for Report: Ross McGuffie, Chief Officer NL HSCP Author(s) of Report Stacey Anderson, Service Support Project Manager DATE: 27 March 2024 1. PURPOSE OF REPORT This paper is coming to the IJB for: For approval ☒ For endorsement ☐ To note ☐ 1.2 This report seeks the approval of the IJB in regards to the issue of the directions to each partner for 2024/2025 in line with the Strategic Commissioning Plan and the IJB Financial Plan. 2. ROUTE TO THE BOARD This paper has been: Prepared By: ☒ Reviewed By: ☒ Endorsed By: ☐
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2 2.1 This paper has been prepared by the Support Services Project Manager and has been reviewed by the Chief Officer and Chief Financial Officer. 3. RECOMMENDATIONS 3.1 The IJB is asked to agree the following recommendations: 3.1.1 Approve the issue of the directions to North Lanarkshire Council for the financial year 2024/2025 attached at Appendix 1 3.1.2 Approve the issue of the directions to Lanarkshire NHS Health Board for the financial year 2024/2025 attached at Appendix 2 4. VARIATIONS TO DIRECTIONS? 4.1 The directions to each partner for 2024/2025 are detailed within Appendix 1 and 2 of this report. 5. BACKGROUND/SUMMARY OF KEY ISSUES 5.1 In accordance with the requirements set out in the Public Bodies (Joint Working) (Scotland) Act 2014, the North Lanarkshire Integration Joint Board is required to issue a direction to Lanarkshire NHS Health Board and North Lanarkshire Council in respect of the delivery of integrated functions and how resources are to be allocated for the resultant services. 6. CONCLUSIONS 6.1The letters of direction are attached at Appendix 1 and Appendix 2 and, following the approval of the IJB, will be issued to North Lanarkshire Council and Lanarkshire Health Board by 31st March 2023. 6.2The focus for the year ahead will be on implementation of the programme of work of the IJB’s Strategic Commissioning Plan 2023-26. 6.3 The financial resources available are detailed in Annex 4 of each direction. The budget for 2024/25 is indicative at this stage. A range of estimates have been agreed by the Director of Finance of NHS Lanarkshire and the Head of Financial Solutions Yes ☒ No ☐ N/A ☐
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3 of North Lanarkshire Council in respect of the preparation of the IJB Financial Plan 2024/2025 which will be updated during the course of 2024/2025 when costs and additional funding, as appropriate, are confirmed. As part of the detailed budget setting process, the financial allocations to each partner will therefore be finalised by the IJB Chief Financial Officer, in consultation with the Director of Finance of NHS Lanarkshire and the Head of Financial Solutions for North Lanarkshire Council. 7. IMPLICATIONS 7.1 NATIONAL OUTCOMES Link(s) to National Health and Wellbeing Outcomes People are able to look after and improve their own health and wellbeing and live in good health for longer ☒ People, including those with disabilities or long-term conditions, or who are frail, are able to live, as far as reasonable practicable, independently and at home or in a homely setting in their community ☒ People who use Health and Social Care Services have positive experiences of those services, and have dignity respected ☒ Health and Social Care Services are centred on helping to maintain or improve the quality of life of people who use those services ☒ Health and Social Care Services contribute to reducing health inequalities ☒ People who use Health and Social Care Services are safe from harm ☒ People who work in Health and Social Care Services feel engaged with the work they do and are supported to continuously improve the information, support, care and treatment they provide ☒ Resources are used effectively and efficiently in the provision of Health and Social Care Services ☒ 7.2 ASSOCIATED MEASURE(S) 7.2.1 A comprehensive performance framework is established across the health and social care partnership to monitor progress in respect of the achievement of agreed outcomes. 7.3 FINANCIAL This paper has been reviewed by Finance: 7.3.1 Budget monitoring reports will be submitted to the Performance, Finance and Audit Committee and the IJB in accordance with the Financial Regulations. Yes ☒ No ☐ N/A ☐
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4 7.4 RISK ASSESSMENT/RISK MANAGEMENT Relevant Risk Register Details Current Risk Level Risk Owner IJB Financial Risk High Chief Finance Officer 7.5 ENGAGEMENT & PARTICPATION Please tick the engagement and participation objectives that link(s) with this piece of work and provide further details regarding the engagement and participation that was undertaken. Objectives Further Details ☒ Involve stakeholders in the development work aimed at achieving the national outcomes ☐ Provide stakeholders with information on how to get involved ☐ Ensure a diverse range of engagement and participation and opportunities are in place to suit different needs ☐ Measure how well we involve community stakeholders in the planning, design and delivery of our services ☐ Provide regular feedback on how stakeholder engagement and participation is shaping and influencing service development and delivery ☐ Provide support to enable stakeholder representatives to participate meaningfully and confidently at meetings ☐ Develop participation guidelines to ensure a common understanding and set of expectations for both stakeholders and partnership staff ☒ Support engagement planning and participation in localities, taking account of other engagement activity and local plans across the Community Planning Partnership 7.6 INEQUALITIES & FAIRER SCOTLAND DUTY
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5 EQIA Completed & Fairer Scotland Impact Assessment Form Completed and attached to report: EQIA added to website: 8. BACKGROUND PAPERS None. 9. APPENDICES Appendix 1- Letter of Direction to North Lanarkshire Council Appendix 2 - Letter of Direction to NHS Lanarkshire. CHIEF ACCOUNTABLE OFFICER (or Depute) Members seeking further information about any aspect of this report, please contact the following; Ross McGuffie Ross.McGuffie@lanarkshire.scot.nhs.uk Yes ☐ No ☐ N/A ☒ Yes / Date added ☐ No ☐ N/A ☒
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6 Appendix 1 Councillor Jim Logue Leader of North Lanarkshire Council 31st March 2024 Dear Councillor Logue As part of the requirements set out in the Public Bodies (Joint Working) (Scotland) Act 2014, the North Lanarkshire Integration Joint Board (IJB) is required to continue to direct North Lanarkshire Council to carry out the integrated functions delegated to the IJB and to confirm the resources to be allocated for the resultant services in the forthcoming year. The direction from the IJB for the financial year 2024/2025 is therefore set out in Annexes 1, 2 and 3. North Lanarkshire Council is directed to continue to carry out the delegated functions and deliver services in a way which complies with and achieves the following: (a) The Integration Delivery Principles (b) The Integration Scheme (c) The Strategic Commissioning Plan 2023 - 2026 (d) The National Health and Wellbeing Outcomes (e) All Legal and Regulatory requirements This direction will remain in force until it is varied, revoked or superseded by a later direction in respect of the same function. A summary of our commissioning intentions are outlined in our Strategic Commissioning Plan at Annex 2. This was originally developed in 2022/2023 and will continue to be implemented over the course of 2024/2025. The budget allocation for the delegated functions is outlined in Annex 4 and reflects the financial planning principles agreed at the IJB on 27th March 2024. The detailed budget setting process for the financial year 2024/2025 is being finalised. Once this work has been completed, the IJB will issue a further direction confirming the final budget. This should be concluded by no later than 30 June 2024.
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7 The IJB financial strategy must ensure sustainability for the current and future years whilst recognising the significant challenges for both partners currently. Efficient, effective and affordable services fit for the future will need to be developed as part of the integration and transformational change activities. The IJB Medium to Long Term Financial Plan will be updated to provide context in respect of the ongoing financial challenges for both partners and to support future shared priorities. The Integration Scheme was revised and approved effective from 1 April 2019 and has been revised again for 2024. The directions correspond to the revised responsibilities delegated to the IJB which exclude Children and Family Services and Justice Services. In order to monitor the progress of integration, a comprehensive performance framework has been established. This framework reports on the nine national high- level outcomes, the twenty-three associated indicators, the six Measuring Performance Under Integration indicators and the set of locally developed performance measures. This framework will continue to embed a positive performance culture across the partnership. Performance reports will continue to be available to the IJB in the year ahead. On behalf of the officers across the partnership, I would like to thank North Lanarkshire Council for the continued support during this period of significant change. We will continue to ensure that Elected Members, officials and stakeholders are fully involved over the forthcoming year in the implementation of our commissioning intentions to improve the health and wellbeing outcomes for the people of North Lanarkshire. Yours sincerely Ross McGuffie Chief Officer North Lanarkshire Integration Joint Board Cc. Cllr Michael McBride, Chair, North Lanarkshire Integration Joint Board; Martin Hill, Chair, Lanarkshire Health Board; Des Murray, Chief Executive, North Lanarkshire Council; Jann Gardner, Chief Executive, Lanarkshire Health Board.
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8 DIRECTIONS UNDER SECTION 26 OF THE PUBLIC BODIES (JOINT WORKING) (SCOTLAND) ACT 2014 TO: NORTH LANARKSHIRE COUNCIL 31 MARCH 2024 1. The North Lanarkshire Integration Joint Board is required to give Direction to North Lanarkshire Council on the carrying out of the functions delegated to it through the North Lanarkshire Integration Scheme as approved by the Scottish Ministers effective from 1 April 2019. 2. The North Lanarkshire Integration Joint Board is required to set out in writing how these functions are to be carried out and detail the financial resources that are available for carrying out the functions that are subject to these directions, including the allocated budget and how that budget is to be used. 3. North Lanarkshire Council must comply with the directions that are issued by the North Lanarkshire Integration Joint Board in respect of integrated functions. 4. Pursuant to the powers under Section 26 of the 2014 Act, the North Lanarkshire Integration Joint Board directs North Lanarkshire Council: a. that these directions relate to the functions and resultant services as set out in Annex 1; b. to carry out all integrated functions in line with the North Lanarkshire Integration Joint Board strategic plan and programme of work as set out in Annex 2; c. that the carrying out of all functions will be delegated to North Lanarkshire Council on the express understanding that North Lanarkshire Council will delegate those functions to Officers of the Council in accordance with the scheme of delegations set out in Annex 3 of this direction; d. that resources will be allocated to services as set out in Annex 4. 5. These directions shall remain in force until such time as the North Lanarkshire Integration Joint Board considers it appropriate to amend, revoke or supersede them.
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9 Signed on behalf of the North Lanarkshire Integration Joint Board Ross McGuffie Chief Officer North Lanarkshire Integration Joint Board Date: 31 March 2024 1 Section 26(1); Public Bodies (Joint Working) (Scotland) Act 2014. 2 Section 27(5)(b); Public Bodies (Joint Working) (Scotland) Act 2014. 3 Section 27(1)(a), (b) & (c); Public Bodies (Joint Working) (Scotland) Act 2014. 4 Section 27(4); Public Bodies (Joint Working) (Scotland) Act 2014.
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10 FUNCTIONS AND SERVICES ANNEX 1 Functions delegated by the Local Authority to the Integration Joint Board Set out below is the list of functions that will be delegated by North Lanarkshire Council to the Integration Joint Board. Column A Enactment conferring function Column B Limitation National Assistance Act 1948 Section 48 (Duty of councils to provide temporary protection for property of persons admitted to hospitals etc.) Section 45 (Recovery in cases of misrepresentation or non-disclosure.).) The Disabled Persons (Employment) Act 1958 Section 3 (Provision of sheltered employment by local authorities) The Social Work (Scotland) Act 1968 Section 1 (Local authorities for the administration of the Act.) So far as it is exercisable in relation to another integration function. Section 4 (Provisions relating to performance of functions by local authorities.) Section 5 (Powers of Secretary of State.) So far as it is exercisable in relation to another integration function. Section 8 (Research.) So far as it is exercisable in relation to another integration function. Section 10 (Financial and other assistance to voluntary organisations etc. for social work.) So far as it is exercisable in relation to another integration function.
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11 Section 12 (General social welfare services of local authorities.) Except in so far as it is exercisable in relation to the provision of housing support services. Column A Enactment conferring function Column B Limitation Section 12A (Duty of local authorities to assess needs.) So far as it is exercisable in relation to another integration function. Section 12AZA (Assessments under section 12A - assistance) So far as it is exercisable in relation to another integration function. Section 12AA (Assessment of ability to provide care.) Section 12AB (Duty of local authority to provide information to carer.) Section 13 (Power of local authorities to assist persons in need in disposal of produce of their work.) Section 13ZA (Provision of services to incapable adults.) So far as it is exercisable in relation to another integration function. Section 13A (Residential accommodation with nursing.) Section 13B (Provision of care or aftercare.) Section 14 (Home help and laundry facilities.) Section 27 (Supervision and care of persons put on probation or released from prisons etc.) Section 27ZA
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12 (Advice, guidance and assistance to persons arrested or on whom sentence deferred.) Section 28 (Burial or cremation of the dead.) So far as it is exercisable in relation to persons cared for or assisted under another integration function. Section 29 (Power of local authority to defray expenses of parent, etc., visiting persons or attending funerals.) Section 59 (Provision of residential and other establishments by local authorities and maximum period for repayment of sums borrowed for such provision.) Section 78A (Recovery of contributions) So far as it is exercisable in relation to another integration function. Column A Enactment conferring function Column B Limitation Section 80 (Enforcement of duty to make contributions.) Section 81 (Provisions as to decrees for ailment.) Section 83 (Variation of trusts.) Section 86 (Adjustment between authority providing accommodation etc., and authority of area of residence.) The Local Government and Planning (Scotland) Act 1982 Section 24(1) (The provision of gardening assistance for the disabled and the elderly.) Health and Social Services and Social Security Adjudications Act 1983 Section 21 (recovery of sums due to local authority where persons in residential accommodation have disposed of
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13 assets.) Section 22 (Arrears of contributions charged on interest in land in England and Wales) Section 23 (Arrears of contributions secured over interest in land in Scotland) Disabled Persons (Services, Consultation and Representation) Act 1986 Section 2 (Rights of authorised representatives of disabled persons.) Section 3 (Assessment by local authorities of needs of disabled persons.) Section 7 (Persons discharged from hospital.) In respect of the assessment of need for any services provided under functions contained in welfare enactments within the meaning of section 16 and which have been delegated. Section 8 (Duty of local authority to take into account abilities of carer.) In respect of the assessment of need for any services provided under functions contained in welfare enactments (within the meaning set out in section 16 of that Act) which are integration functions. Column A Enactment conferring function Column B Limitation The Adults with Incapacity (Scotland) Act 2000 Section 10 (Functions of local authorities.) Section 12 (Investigations.) Section 37 (Residents whose affairs may be managed.) Only in relation to residents of establishments which are managed under integration functions. Section 39 (Matters which may be managed.) Only in relation to residents of establishments which are managed under integration functions. Section 40 (Supervisory bodies.)
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14 Section 41 (Duties and functions of managers of authorised establishment.) Only in relation to residents of establishments which are managed under integration functions Section 42 (Authorisation of named manager to withdraw from resident’s account.) Only in relation to residents of establishments which are managed under integration functions Section 43 (Statement of resident’s affairs.) Only in relation to residents of establishments which are managed under integration functions Section 44 (Resident ceasing to be resident of authorised establishment.) Only in relation to residents of establishments which are managed under integration functions Section 45 (Appeal, revocation etc.) Only in relation to residents of establishments which are managed under integration functions The Housing (Scotland) Act 2001 Section 92 (Assistance to a registered for housing purposes.) Only in so far as it relates to an aid or adaptation. The Community Care and Health (Scotland) Act 2002 Column A Enactment conferring function Column B Limitation Section 4 The functions conferred by Regulation 2 of the Community Care (Additional Payments) (Scotland) Regulations 2002 Section 5 (Local authority arrangements for of residential accommodation outwit Scotland.) Section 6 Deferred payment of accommodation costs.) Section 14
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15 (Payments by local authorities towards expenditure by NHS bodies on prescribed functions.) The Mental Health (Care and Treatment) (Scotland) Act 2003 Section 17 (Duties of Scottish Ministers, local authorities and others as respects Commission.) Section 25 (Care and support services etc.) Except in so far as it is exercisable in relation to the provision of housing support services. Section 26 (Services designed to promote well-being and social development.) Except in so far as it is exercisable in relation to the provision of housing support services. Section 27 (Assistance with travel.) Except in so far as it is exercisable in relation to the provision of housing support services. Section 33 (Duty to inquire.) Section 34 (Inquiries under section 33: Co-operation.) Section 228 (Request for assessment of needs: duty on local authorities and Health Boards.) Section 259 (Advocacy.) The Housing (Scotland) Act 2006 Section 71(1)(b) (Assistance for housing purposes.) Only in so far as it relates to an aid or adaptation. The Adult Support and Protection (Scotland) Act 2007 Column A Enactment conferring function Column B Limitation Section 4 (Council’s duty to make inquiries.) Section 5 (Co-operation.)
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16 Section 6 (Duty to consider importance of providing advocacy and other.) Section 7 (Visits) Section 8 (Interviews) Section 9 (Medical examinations) Section 10 (Examination of records etc.) Section 11 (Assessment Orders.) Section 14 (Removal orders.) Section 16 (Right to remove adult at risk) Section 18 (Protection of moved person’s property.) Section 22 (Right to apply for a banning order.) Section 40 (Urgent cases.) Section 42 (Adult Protection Committees.) Section 43 (Membership.) Social Care (Self-directed Support) (Scotland) Act 2013 Section 3 (Support for adult carers.) Only in relation to assessments carried out under integration functions. Section 5 (Choice of options: adults.) Column A Enactment conferring function Column B Limitation
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17 Section 6 (Choice of options under section 5: assistances.) Section 7 (Choice of options: adult carers.) Section 9 (Provision of information about self-directed support.) Section 11 (Local authority functions.) Section 12 (Eligibility for direct payment: review.) Section 13 (Further choice of options on material change of circumstances.) Only in relation to a choice under section 5 or 7 of the Social Care (Self-directed Support) (Scotland) Act 2013. Section 16 (Misuse of direct payment: recovery.) Section 19 (Promotion of options for self-directed support.) Carers (Scotland) Act 2016 (b) Section 6 (Duty to provide Adult carer support plan Section 21 (Duty to set local eligibility criteria) Section 24 (duty to provide support) Section 25 (provision of support to carers: break from caring) Section 31 (duty to prepare local carer strategy) Section 34 (information and advice service for carers)
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18 Column A Enactment conferring function Column B Limitation Section 35 (short breaks services statements) Part 2 Services currently provided by the Local Authority which are to be integrated The services that pertain to the functions in Part 1 and will be delegated are set out below. Social work services for adults and older people The functions in relation to social work services for adults and older people noted below will be delegated. a) Services and support for all adults with disabilities and long term conditions; b) Mental health services; c) Addiction services; d) Adult protection; e) Carers’ services; f) Community care assessment and planning services; g) Support services provided by contracted services; h) Care home services; I) Intermediate Care Services; j) Health and wellbeing improvement services; k) Aspects of housing support, including provision of equipment and adaptations to people’s homes; l) Day opportunities and day services; m) Homecare Services; n) Supported Living Services; o) Respite Support; p) Occupational therapy services;
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19 q) Re-ablement services; R) Smart technology, equipment and telecare. NORTH LANARKSHIRE IJB STRATEGIC COMMISSIONING PLAN AND PROGRAMME OF WORK ANNEX 2 The North Lanarkshire IJB Strategic Commissioning Plan 2023 – 2026 and the Programme of Work are both available on the following web-site: https://hscnl.org.uk/about-us/ The progress report and the update in respect of the Programme of Work for the North Lanarkshire Health and Social Care Partnership is available on the following web-site: https://hscnl.org.uk/about-us/ The report outlining the Winter Planning and Enhanced Supports for North Lanarkshire Health and Social Care Partnership is available on the following web- site: att97950.pdf (northlanarkshire.gov.uk) The relevant meeting is 24th January 2024. SCHEME OF DELEGATION TO OFFICERS OF NORTH LANARKSHIRE COUNCIL ANNEX 3 This is the Appendix 1 referred to in the foregoing Authorisation of the Chief Officer to Officers of North Lanarkshire Council Column A Enactment conferring function Column B Limitation Column C National Assistance Act 1948 Section 48 (Duty of Councils to provide temporary protection for property of persons admitted to hospitals etc.). Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services The Disabled Persons (Employment) Act 1958 Section 3 (Provision of sheltered employment by local authorities) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services
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20 The Social Work (Scotland) Act 1968 Section 1 (Local authorities for the administration of the Act.) So far as it is exercisable in relation to another integration function. Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 4 (Provisions relating to performance of functions by local authorities.) So far as it is exercisable in relation to another integration function. Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 8 (Research.) So far as it is exercisable in relation to another integration function. Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 10 (Financial and other assistance to voluntary organisations etc. for social work.) So far as it is exercisable in relation to another integration function. Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 12 (General social welfare services of local authorities.) Except in so far as it is exercisable in relation to the provision of housing support services. Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Column A Enactment conferring function Column B Limitation Column C Head of Adult Social Work Services Section 12A (Duty of local authorities to assess needs.) So far as it is exercisable in relation to another integration function. Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 12AZA (Assessments under Section 12A – assistance) So far as it is exercisable in relation to another integration function. Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services
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21 Section 12AA (Assessment of ability to provide care.) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 12AB (Duty of local authority to provide information to carer.) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 13 (Power of local authorities to assist persons in need in disposal of produce of their work.) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 13ZA (Provision of services to incapable adults.) So far as it is exercisable in relation to another integration function. Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 13A (Residential accommodation with nursing.) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 13B (Provision of care or aftercare.) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 14 Chief Social Work Officer Column A Enactment conferring function Column B Limitation Column C (Home help and laundry facilities.) Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 28 (Burial or cremation of the dead.) So far as it is exercisable in relation to persons cared for or assisted under another integration function. Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 29
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22 (Power of local authority to defray expenses of parent, etc., visiting persons or attending funerals.) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 59 (Provision of residential and other establishments by local authorities and maximum period for repayment of sums borrowed for such provision.) So far as it is exercisable in relation to another integration function. Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services The Local Government and Planning (Scotland) Act 1982 Section 24(1) (The provision of gardening assistance for the disabled and the elderly.) Chief Social Work Officer Chief Accountable Officer Head of Housing Property Disabled Persons (Services, Consultation and Representation) Act 1986 Section 2 (Rights of authorised representatives of disabled persons.) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 3 (Assessment by local authorities of needs of disabled persons.) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 7 (Persons discharged from hospital.) In respect of the assessment of need for any services provided under functions contained in Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Column A Enactment conferring function Column B Limitation Column C welfare enactments within the meaning of Section 16 and which have been delegated. Head of Adult Social Work Services Section 8 (Duty of local authority to take into account abilities of carer.) In respect of the assessment of need for any services provided under functions contained in welfare enactments (within the meaning set out in Section 16 of that Act) which are integration functions. Chief Social Work Officer Chief Accountable Officer Head
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23 of Children Families and Justice Social Work Services Head of Adult Social Work Services The Adults with Incapacity (Scotland) Act 2000 Section 10 (Functions of local authorities.) Chief Social Work Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 12 (Investigations.) Chief Social Work Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 37 (Residents whose affairs may be managed.) Only in relation to residents of establishments which are managed under integration functions. Chief Social Work Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 39 (Matters which may be managed.) Only in relation to residents of establishments which are managed under integration functions. Chief Social Work Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 41 (Duties and functions of managers of authorised establishment.) Only in relation to residents of establishments which are managed under integration functions. Chief Social Work Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 42 (Authorisation of named manager to withdraw from resident’s account.) Only in relation to residents of establishments which are managed under integration functions. Chief Social Work Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Column A Enactment conferring function Column B Limitation Column C Section 43 (Statement of resident’s affairs.) Only in relation to residents of establishments which are managed under integration functions. Chief Social Work Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 44
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24 (Resident ceasing to be resident of authorised establishment.) Only in relation to residents of establishments which are managed under integration functions. Chief Social Work Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 45 (Appeal, revocation etc.) Only in relation to residents of establishments which are managed under integration functions. Chief Social Work Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services The Housing (Scotland) Act 2001 Section 92 (Assistance to a registered social landlord for housing purposes.) Only in so far as it relates to an aid or adaptation. Head of Housing Services Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services The Community Care and Health (Scotland) Act 2002 Section 5 (Local authority arrangements for of residential accommodation outwit Scotland.) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 14 (Payments by local authorities towards expenditure by NHS bodies on prescribed functions.) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services The Mental Health (Care and Treatment) (Scotland) Act 2003 Section 17 (Duties of Scottish Ministers, local authorities and others as respects Commission.) Chief Social Work Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 25 Except in so far as it is exercisable in relation to Chief Social Work Officer Column A Enactment conferring function Column B Limitation Column C (Care and support services etc.) the provision of housing support services. Head of Children Families and Justice Social Work Services Head of Adult Social Work Services
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25 Section 26 (Services designed to promote well-being and social development.) Except in so far as it is exercisable in relation to the provision of housing support services. Chief Social Work Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 27 (Assistance with travel.) Except in so far as it is exercisable in relation to the provision of housing support services. Chief Social Work Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 33 (Duty to inquire.) Chief Social Work Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 34 (Inquiries under Section 33: Co-operation.) Chief Social Work Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 228 (Request for assessment of needs: duty on local authorities and Health Boards Chief Social Work Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 259 (Advocacy.) Chief Social Work Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services The Housing (Scotland) Act 2006 Section 71(1)(b) (Assistance for housing purposes.) Only in so far as it relates to an aid or adaptation. Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Head of Housing Services The Adult Support and Protection (Scotland) Act 2007 Section 4 (Council’s duty to make inquiries.) Chief Social Work Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 5 (Co-operation.) Chief Social Work Officer
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26 Column A Enactment conferring function Column B Limitation Column C Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 6 (Duty to consider importance of providing advocacy and other.) Chief Social Work Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 11 (Assessment Orders.) Chief Social Work Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 14 (Removal Orders.) Chief Social Work Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 18 (Protection of moved person’s property.) Chief Social Work Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 22 (Right to apply for a Banning Order.) Chief Social Work Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 40 (Urgent cases.) Chief Social Work Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 42 (Adult Protection Committees.) Chief Social Work Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 43 (Membership.) Chief Social Work Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Social Care (Self-directed Support) (Scotland) Act 2013 Section 3 (Support for adult carers.) Only in relation to assessments carried out under integration functions. Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 5 Chief Social Work Officer
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27 Column A Enactment conferring function Column B Limitation Column C (Choice of options: Adults.) Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 6 (Choice of options under Section 5: assistances.) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 7 (Choice of options: Adult Carers.) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 9 (Provision of information about self-directed support.) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 11 (Local authority functions.) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 12 (Eligibility for direct payment: review.) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 13 (Further choice of options on material change of circumstances.) Only in relation to a choice under Section 5 or 7 of the Social Care (Self-directed Support) (Scotland) Act 2013. Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 16 (Misuse of direct payment: recovery.) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 19
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28 (Promotion of options for self- directed support.) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Column A Enactment conferring function Column B Limitation Column C Head of Adult Social Work Services The Community Care and Health (Scotland) Act 2002 Section 4 The functions conferred by Regulation 2 of the Community Care (Additional Payments) (Scotland) Regulations 2002 Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services National Assistance Act 1948 Section 45 (Recovery in cases of misrepresentation or non- disclosure) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Matrimonial Proceedings (Children) Act 1958 Section 11 (Reports as to arrangements for future care and upbringing of children) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services The Social Work (Scotland) Act 1968 Section 5 (Powers of Secretary of State) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 6B (Local authority inquiries into matters affecting children). Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 27 (Supervision and care of persons put on probation or released from prisons etc.) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 27ZA
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29 (Advice, guidance and assistance to persons arrested or on whom sentence deferred) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 78A Chief Social Work Officer Column A Enactment conferring function Column B Limitation Column C (Recovery of contributions) Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 80 (Enforcement of duty to make contributions) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 81 (Provisions as to decrees for ailment) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 83 (Variation of trusts) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 86 (Adjustment between authority providing accommodation etc. and authority of area of residence) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services The Children Act 1975 Section 34 (Access and maintenance) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 39 (Reports by local authorities and probation officers) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 40 (Notice of application to be given to local authority) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services
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30 Section 50 (Payments towards maintenance of children) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Column A Enactment conferring function Column B Limitation Column C Head of Adult Social Work Services Health and Social Services and Social Security Adjudications Act 1983 Section 21 (Recovery of sums due to local authority where persons in residential accommodation have disposed of assets) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 22 (Arrears of contributions charged on interest in land in England and Wales) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 23 (Arrears of contributions secured over interest in land in Scotland) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Foster Children (Scotland) Act 1984 Section 3 (Local authorities to ensure wellbeing of and to visit foster children) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 5 (Notification by persons maintaining or proposing to maintain foster children) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 6 (Notification by persons ceasing to maintain foster children) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 8
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31 (Power to inspect premises) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 9 Chief Social Work Officer Column A Enactment conferring function Column B Limitation Column C (Power to impose requirements as to the keeping of foster children) Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 10 (Power to prohibit the keeping of foster children) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services The Children (Scotland) Act 1995 Section 17 (Duty of local authority to child looked after by them) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 19 (Local authority plans for services for children) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 20 (Publication of information about services for children) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 21 (Co-operation between authorities) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 22 (Promotion of welfare of children in need) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 23
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32 (Children affected by disability) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 24 Chief Social Work Officer Chief Accountable Officer Column A Enactment conferring function Column B Limitation Column C (Assessment of ability of carers to provide care for disabled children) Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 24A (Duty of local authority to provide information to carer of disabled child) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 25 (Provision of accommodation for children etc.) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 26 (Manner of provision of accommodation to child looked after by local authority) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 26A (Provision of continuing care: looked after children) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 27 (Day-care for pre-school and other children) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 29 (Aftercare) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 30 (Financial assistance towards expenses of education or training and removal of power to guarantee indentures etc.) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services
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33 Section 31 (Review of case of child looked after by local authority) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Column A Enactment conferring function Column B Limitation Column C Head of Adult Social Work Services Section 32 (Removal of child from residential establishment) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 36 (Welfare of certain children in hospitals and nursing homes etc.) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 38 (Short term refuges for children at risk of harm) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 76 (Exclusion orders) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Criminal Procedure (Scotland) Act 1995 Section 51 (Remand and committal of children and young persons) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 203 (Reports) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 234B (Drug treatment and testing order) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 245A
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34 (Restriction of liberty orders) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Column A Enactment conferring function Column B Limitation Column C The Adults with Incapacity (Scotland) Act 2000 Section 40 (Supervisory bodies) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services The Community Care and Health (Scotland) Act 2002 Section 4 (Accommodation more expensive than usually provided) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 6 (Deferred payment of accommodation costs) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Management of Offenders etc. (Scotland) Act 2005 Sections 10 (Arrangements for assessing and managing risks posed by certain offenders) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 11 (Review of arrangements) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Adoption and Children (Scotland) Act 2007 Section 1 (Duty of local authority to provide adoption service) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 4 (Local authority plan) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services
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35 Section 5 (Guidance) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Column A Enactment conferring function Column B Limitation Column C Head of Adult Social Work Services Section 6 (Assistance in carrying out functions under sections 1 and 4) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 9 (Assessment of needs for adoption support services) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 10 (Provision of services) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 11 (Urgent provision) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 12 (Power to provide payment to person entitled to adoption support service) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 19 (Notice under Section 18 local authority’s duties) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 26 (Looked after children - adoption is not proceeding) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 45 (Adoption support plans) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services
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36 Section 47 Chief Social Work Officer Column A Enactment conferring function Column B Limitation Column C (Family member’s right to require review of plan) Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 48 (Other cases where authority under duty to review plan) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 49 (Re-assessment of needs for adoption support services) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 51 (Guidance) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 71 (Adoption allowance schemes) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 80 (Permanence Orders) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 90 (Precedence of certain other orders) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 99 (Duty of local authority to apply for variation or revocation) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 101 (Local authority to give notice of certain matters) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services
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37 Column A Enactment conferring function Column B Limitation Column C Head of Adult Social Work Services Section 105 (Notification of proposed application for order) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services The Adult Support and Protection (Scotland) Act 2007 Section 7 (Visits) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 8 (Interviews) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 9 (Medical examination) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 10 (Examination of records etc.) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 16 (Right to remove adult at risk) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Children’s Hearings (Scotland) Act 2011 Section 35 (Child assessment orders) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 37
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38 (Child protection orders) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 42 Chief Social Work Officer Column A Enactment conferring function Column B Limitation Column C (Parental responsibilities and rights directions) Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 44 (Obligations of local authority) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 48 (Application for variation or termination) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 49 (Notice of an application for variation or termination) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 60 (Local authority’s duty to provide information to Principal Reporter) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 131 (Duty of implementation authority to require review) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 144 (Implementation of a compulsory supervision order: general duties of implementation authority) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 145 (Duty where order requires child to reside in a certain place) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services
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39 Section 153 (Secure accommodation regulations) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Column A Enactment conferring function Column B Limitation Column C Head of Adult Social Work Services Section 166 (Review of requirement imposed on local authority) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 167 (Appeal to Sheriff Principal: section 166) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 180 (Sharing of information: panel members) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 183 (Mutual Assistance) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 184 (Enforcement of obligations of health board under section 183) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Social Care (Self-directed Support) (Scotland) Act 2013 Section 8 (Choice of options: children and family members) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 10 (Provision of information: children under 16) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services Section 4
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40 (The functions conferred by Regulation 2 of the Community Care (Additional Payments) (Scotland) Regulations 2002) Chief Social Work Officer Chief Accountable Officer Head of Children Families and Justice Social Work Services Head of Adult Social Work Services BUDGET ALLOCATION FOR THE DELEGATED FUNCTIONS ANNEX 4 The financial resources which will be delegated by the IJB to North Lanarkshire Council (NLC) for the financial year 2024/25 are as follows: 1. The NLC recurring budget allocations for in-scope social care services and housing services. For 2024/25, the total allocation is £190.677m based on the net budget as at January 2024. This budget will be uplifted as appropriate to reflect the 2024/25 additional funding of £12.138m, subject to confirmation of the financial planning assumptions including the pay inflation estimates. The final budgets, including agreed budget realignments, will be confirmed following the detailed budget setting process for 2024/25. 2. The additional funding highlighted at paragraph 1 allocated to NLC in 2024/25 is to support the strategic commissioning intentions and contribute to the agreed Scottish Government priorities which include the uplift of the free personal care rate and the contribution to the payment of the Scottish Living Wage. 3. NLC will implement as appropriate any agreed efficiency savings plans, budget realignments and management actions for 2024/25 as detailed in the IJB Financial Plan 2024/25. 4. Additional funding received in-year by the NLC and NHSL partners which is ring fenced for areas covered by the IJB will be delegated to the partner responsible for service delivery. These in-year allocations will be agreed with each partner as appropriate. 5. Notwithstanding the above allocations, the IJB is asked to note that it may be necessary for the IJB Chief Financial Officer to vary the 2024/25 allocations to reflect the detailed budget setting process undertaken by each partner. Any such accounting adjustment to assist with budget monitoring arrangements will be undertaken in consultation with the Director of Finance of NHSL and the Head of Financial Solutions for NLC.
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41 Appendix 2 Mr Martin Hill Chair of NHS Lanarkshire Health Board 31st March 2024 Dear Mr Hill, As part of the requirements set out in the Public Bodies (Joint Working) (Scotland) Act 2014, the North Lanarkshire Integration Joint Board (IJB) is required to continue to direct NHS Lanarkshire to carry out the integrated functions delegated to the IJB and to confirm the resources to be allocated for the resultant services in the forthcoming year. The direction from the IJB for the financial year 2024/5 is therefore set out in Annexes 1, 2 and 3. NHS Lanarkshire is directed to continue to carry out the delegated functions and deliver services in a way which complies with and achieves the following: (f) The Integration Delivery Principles (g) The Integration Scheme (h) The Strategic Commissioning Plan 2023 - 2026 and Programme of Work (I) The National Health and Wellbeing Outcomes (j) All legal and regulatory requirements This direction will remain in force until it is varied, revoked or superseded by a later direction in respect of the same function. A summary of our commissioning intentions are outlined in our Strategic Commissioning Plan and Programme of Work at Annex 2. This was originally developed in 2022/2023 and will continue to be implemented over the course of 2024/2025. The budget allocation for the delegated functions is outlined in Annex 4 and reflects the financial planning principles agreed at the IJB on 27 March 2024. The detailed budget setting process for the financial year 2024/2025 is being finalised. Once this work has been completed, the IJB will issue a further direction confirming the final budget. This should be concluded by no later than 30 June 2024.
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42 The IJB financial strategy must ensure sustainability for the current and future years whilst recognising the significant challenges for both partners currently. Efficient, effective and affordable services fit for the future will need to be developed as part of the integration and transformational change activities. The IJB Medium to Long Term Financial Plan will be updated to provide context in respect of the ongoing financial challenges for both partners and to support future shared priorities. The Integration Scheme was revised and approved effective from 1 April 2019 and refreshed in 2024. For completeness, the Health Board are advised that the directions to North Lanarkshire Council continue to correspond to the revised responsibilities delegated to the IJB by North Lanarkshire Council. In order to monitor the progress of integration, a comprehensive performance framework has been established. This framework reports on the nine national high- level outcomes, the twenty-three associated indicators, the six Measuring Performance Under Integration indicators and the set of locally developed performance measures. This framework will continue to embed a positive performance culture across the partnership. Performance reports will continue to be available to the IJB in the year ahead. On behalf of the officers across the partnership, I would like to thank NHS Lanarkshire for the continued support during this period of significant change. We will continue to ensure that Health Board Members, officials and stakeholders are fully involved over the forthcoming year in the implementation of our commissioning intentions to improve the health and wellbeing outcomes for the people of North Lanarkshire. Yours sincerely Ross McGuffie Chief Officer North Lanarkshire Integration Joint Board Cc. Cllr Michael McBride, Chair, North Lanarkshire Integration Joint Board; Martin Hill, Chair, Lanarkshire Health Board; Jann Gardner, Chief Executive, Lanarkshire Health Board. Des Murray, Chief Executive, North Lanarkshire Council;
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43 DIRECTIONS UNDER SECTION 26 OF THE PUBLIC BODIES (JOINT WORKING) (SCOTLAND) ACT 2014 TO: LANARKSHIRE HEALTH BOARD 31 MARCH 2024 1. The North Lanarkshire Integration Joint Board is required to give direction5 to Lanarkshire Health Board on the carrying out of the functions delegated to it through the North Lanarkshire Integration Scheme as approved by the Scottish Ministers effective from 1st April 2019. 2. The North Lanarkshire Integration Joint Board is required to set out in writing6 how these functions are to be carried out and detail the financial resources that are available for carrying out the functions that are subject to these directions, including the allocated budget and how that budget is to be used7. 3. Lanarkshire Health Board must comply with the directions that are issued by the North Lanarkshire Integration Joint Board in respect of integrated functions8. 4. Pursuant to the powers under Section 26 of the 2014 Act, the North Lanarkshire Integration Joint Board directs Lanarkshire Health Board: a. that these directions relate to the functions and resultant services as set out in Annex 1; b. to carry out all integrated functions in line with the North Lanarkshire Integration Joint Board strategic plan and commissioning summary as set out in Annex 2; c. that the carrying out of all functions will be delegated to Lanarkshire Health Board on the express understanding that Lanarkshire Health Board will delegate those functions to Officers of the Health Board in accordance with the scheme of delegations set out in Annex 3 of this direction; d. that resources will be allocated to services as set out in Annex 4. 5. These directions shall remain in force until such time as the North Lanarkshire Integration Joint Board considers it appropriate to amend, revoke or supersede them.
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44 Signed on behalf of the North Lanarkshire Integration Joint Board Ross McGuffie Chief Officer North Lanarkshire Integration Joint Board Date: 31 March 2024 5 Section 26(1); Public Bodies (Joint Working) (Scotland) Act 2014. 6 Section 27(5)(b); Public Bodies (Joint Working) (Scotland) Act 2014. 7 Section 27(1)(a), (b) & (c); Public Bodies (Joint Working) (Scotland) Act 2014. 8 Section 27(4); Public Bodies (Joint Working) (Scotland) Act 2014.
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45 FUNCTIONS AND SERVICES ANNEX 1 Functions delegated by the Health Board to The Integration Joint Board Set out below is the list of functions that will be delegated by NHS Lanarkshire to the Integration Joint Board Functions prescribed for the purposes of section 1(8) of the Act Column A Enactment conferring function The National Health Service (Scotland) Act 1978 Column B Limitation All functions of Health Boards conferred by, or by virtue of, the National Health Service (Scotland) Act 1978 Except functions conferred by or by virtue of— section 2(7) (Health Boards); section 2CB ((Functions of Health Boards outside Scotland); section 9 (local consultative committees); section 17A (NHS Contracts); section 17C (personal medical or dental services); section 17I (use of accommodation); section 17J (Health Boards’ power to enter into general medical services contracts); section 28A (remuneration for Part II services); section 38 (care of mothers and young children); section 38A (breastfeeding); section 39 (medical and dental inspection, supervision and treatment of pupils and young persons); section 48 (provision of residential and practice accommodation); section 55 (hospital accommodation on part payment);
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46 section 57 (accommodation and services for private patients); section 64 (permission for use of facilities in private practice); section 75A (remission and repayment of charges and payment of travelling expenses); section 75B (reimbursement of the cost of services provided in another EEA state); section 75BA (reimbursement of the cost of services provided in another EEA state where expenditure is incurred on or after 25 October 2013); section 79 (purchase of land and moveable property); section 82 use and administration of certain endowments and other property held by Health Boards); section 83 (power of Health Boards and local health councils to hold property on trust); section 84A (power to raise money, etc., by appeals, collections etc.); section 86 (accounts of Health Boards and the Agency); section 88 (payment of allowances and remuneration to members of certain bodies connected with the health services); section 98 (charges in respect of non- residents); and paragraphs 4, 5, 11A and 13 of Schedule 1 to the Act (Health Boards); and functions conferred by— The National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 1989 ; The Health Boards (Membership and Procedure) (Scotland) Regulations 2001/302; The National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Regulations 2000/54; The National Health Services (Primary Medical Services Performers Lists) (Scotland) Regulations 2004/114; The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004; The National Health Service (Discipline Committees) Regulations 2006/330; The National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006/135;
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47 The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009/183; The National Health Service (General Dental Services) (Scotland) Regulations 2010/205; and The National Health Service (Free Prescription and Charges for Drugs and Appliances) (Scotland) Regulations 2011/55. Disabled Persons (Services, Consultation and Representation) Act 1986 Section 7 (Persons discharged from hospital) Community Care and Health (Scotland) Act 2002 All functions of Health Boards conferred by, or by virtue of, the Community Care and Health (Scotland) Act 2002. Mental Health (Care and Treatment) (Scotland) Act 2003 All functions of Health Boards conferred by, or by virtue of, the Mental Health (Care and Treatment) (Scotland) Act 2003. Except functions conferred by— section 22 (Approved medical practitioners); section 34 (Inquiries under section 33: co-operation); section 38 (Duties on hospital managers: examination notification etc.); section 46 (Hospital managers’ duties: notification); section 124 (Transfer to other hospital);
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48 section 228 (Request for assessment of needs: duty on local authorities and Health Boards); section 230 (Appointment of a patient’s responsible medical officer); section 260 (Provision of information to patients); section 264 (Detention in conditions of excessive security: state hospitals); section 267 (Orders under sections 264 to 266: recall); section 281 (Correspondence of certain persons detained in hospital); and functions conferred by— The Mental Health (Safety and Security) (Scotland) Regulations 2005; The Mental Health (Cross Border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Regulations 2005; The Mental Health (Use of Telephones) (Scotland) Regulations 2005; and The Mental Health (England and Wales Cross border transfer: patients subject to detention requirement or otherwise in hospital) (Scotland) Regulations 2008. Education (Additional Support for Learning) (Scotland) Act 2004 Section 23 (other agencies etc. to help in exercise of functions under this Act) Public Services Reform (Scotland) Act 2010 All functions of Health Boards conferred by, or by virtue of, the Public Services Reform (Scotland) Act 2010 Patient Rights (Scotland) Act 2011 All functions of Health Boards conferred by, or by virtue of, the Patient Rights (Scotland) Act 2011 Except functions conferred by— section 31(Public functions: duties to provide information on certain expenditure etc.); and section 32 (Public functions: duty to provide information on exercise of functions).
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49 Except functions conferred by The Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Regulations 2012/36. Part 2 Services currently provided by the Health Board which are to be integrated The functions that are set out in Part 1 are delegated in relation to the services as set out below and relate to both adults and children. Interpretation 1. In this part— “Allied Health Professional” means a person registered as an allied health professional with the Health Professions Council; “general medical practitioner” means a medical practitioner whose name is included in the General Practitioner Register kept by the General Medical Council; “general medical services contract” means a contract under section 17J of the National Health Service (Scotland) Act 1978; “hospital” has the meaning given by section 108(1) of the National Health Service (Scotland) Act 1978; “inpatient hospital services” means any health care service provided to a patient who has been admitted to a hospital and is required to remain in that hospital overnight, but does not include any secure forensic mental health services; “out of hours’ period” has the same meaning as in regulation 2 of the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004; and “the public dental service” means services provided by dentists and dental staff employed by a health board under the public dental service contract. Services 2. Accident and Emergency services provided in a hospital. 3. Inpatient hospital services relating to the following branches of medicine— (a) general medicine; (b) geriatric medicine; (c) rehabilitation medicine;
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50 (d) respiratory medicine; and (e) psychiatry of learning disability. 4. Palliative care services provided in a hospital. 5. Inpatient hospital services provided by General Medical Practitioners. 6. Services provided in a hospital in relation to an addiction or dependence on any substance. 7. Mental health services provided in a hospital except regionally or nationally organised forensic mental health services 8. District nursing services. 9. Services provided out with a hospital in relation to an addiction or dependence on any substance. 10. Services provided by allied health professionals in an outpatient department, clinic, or out with a hospital. 11. The public dental service. 12. Primary medical services provided under a general medical services contract, and arrangements for the provision of services made under section 17C of the National Health Service (Scotland) Act 1978, or an arrangement made in pursuance of section 2C (2) of the National Health Service (Scotland) Act 1978. 13. General dental services provided under arrangements made in pursuance of section 25 of the National Health (Scotland) Act 1978. 14. Ophthalmic services provided under arrangements made in pursuance of section 17AA or section 26 of the National Health Service (Scotland) Act 1978. 15. Pharmaceutical services and additional pharmaceutical services provided under arrangements made in pursuance of sections 27 and 27A of the National Health Service (Scotland) Act 1978. 16. Services providing primary medical services to patients during the out-of- hours period. 17. Services provided out with a hospital in relation to geriatric medicine. 18. Palliative care services provided out with a hospital. 19. Community learning disability services. 20. Mental health services provided out with a hospital. 21. Continence services provided out with a hospital. 22. Kidney dialysis services provided out with a hospital. 23. Services provided by health professionals that aim to promote public health.
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51 NORTH LANARKSHIRE IJB STRATEGIC COMMISSIONING PLAN AND PROGRAMME OF WORK ANNEX 2 The North Lanarkshire IJB Strategic Commissioning Plan 2023 – 2026 is available on the following web-site: https://hscnl.org.uk/about-us/ SCHEME OF DELEGATIONS ANNEX 3 That the carrying out of integrated functions that relate to the services set out in 1 and 2 below will be delegated to Officers of Lanarkshire Health Board by the Chief Executive of Lanarkshire Health Board at his discretion, in accordance with all applicable legal requirements; 1. Accident and emergency services provided in a hospital; 2. Inpatient hospital services relating to the following branches of medicine: • General medicine; • Geriatric medicine; • Rehabilitation medicine; • Respiratory medicine; • Palliative care services provided in a hospital; That the carrying out of integrated functions that relate to the services set out in 3 to 29 below will be delegated to Officers of Lanarkshire Health Board by the Chief Accountable Officer for the Integration Joint Board at her discretion, in accordance with all applicable legal requirements; 3. Inpatient hospital services relating to the following branches of medicine: • Paediatrics; • Psychiatry of learning disability; • Inpatient hospital services provided by general medical practitioners; • Services provided in a hospital in relation to an addiction or dependence on any substance; • Mental health services provided in a hospital except regionally or nationally organised forensic mental health services.
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52 4. District nursing services; 5. Health Visiting; 6. Allied health professionals in an outpatient department, clinic, or out with a hospital; 7. Public dental services; 8. Primary medical services; 9. General dental services; 10. Ophthalmic services; 11. Pharmaceutical services; 12. Primary care out-of-hours; 13. Geriatric medicine; 14. Palliative care; 15. Community learning disability services; 16. Kidney dialysis services provided out with a hospital; 17. Services provided by health professionals that aim to promote public health; 18. Care Home Liaison; 19. Community Children’s Services; 20. Dietetics; 21. Psychology; 22. Sexual and Reproductive health and Blood Borne Viruses; 23. Speech and Language Therapy; 24. Prisoner Health Care; 25. Podiatry; 26. Mental Health and Learning Disability services; 27. Community Paediatrics; 28. Continence Services; 29. Addiction Services. That the carrying out of integrated functions that relate to the services set out in 30 to 38 below will be delegated to Officers of Lanarkshire Health Board by the Chief
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53 Accountable Officer for the South Lanarkshire Integration Joint Board at her discretion, in accordance with all applicable legal requirements; 30. Community Dental Services; 31. Diabetes Services; 32. Health & Homelessness; 33. Primary Care Administration; 34. Palliative Care; 35. Physiotherapy; 36. GP Out of Hours; 37. Traumatic Brain injury; 38. Occupational Therapy. BUDGET ALLOCATION FOR THE DELEGATED FUNCTIONS ANNEX 4 The financial resources which will be delegated by the IJB to NHS Lanarkshire (NHSL) for the financial year 2024/25 are as follows: 1. The NHSL recurring budget allocations for in-scope health care services including hosted services. For 2024/25, based on the budget as at January 2024, the total allocation for directly managed services, including hosted services, is £608.296m. This also includes the notional set-aside budget which was increased in 2022/23 by budget adjustments of £1.382m from £69.120m to £70.502m. It also includes non- recurring funding as at January 2024. The financial allocation will also be subject to confirmation of the financial planning assumptions including the pay inflation estimates. The final budgets will be confirmed following the detailed budget setting process for 2024/25. Non-recurring budgets will be adjusted as appropriate as part of this exercise. 2. NHSL will implement as appropriate agreed efficiency savings plans in 2024/25. 3. Additional non-recurring funding received in-year from NHSL which is ring fenced for areas covered by the IJB will be delegated to the partner responsible for service delivery. These in-year allocations will be agreed with each partner as appropriate. 4. Notwithstanding the above allocations, the IJB is asked to note that it may be necessary for the IJB Chief Financial Officer to vary the 2024/25 allocations to reflect the detailed budget setting process undertaken by each partner. Any such accounting adjustment to assist with budget monitoring arrangements will be undertaken in consultation with the Director of Finance of NHSL and the Head of Financial Solutions for NLC.
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54 Direction from North Lanarkshire Integration Joint Board (IJB) 1 Reference Number 2 Report Title 3 Date direction issued by IJB 4 Date from which direction takes effect 5 Direction to: 6 Does this direction supersede, revise or revoke a previous direction – if yes, include reference number(s) 7 Functions covered by direction 8 Full text of direction 9 Budget allocated by Integration Joint Board to carry out direction 10 Performance Management / Governance arrangements
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55 11 Date direction will be reviewed