Commentary on Sections Part 5 – Public involvement and local government Health and Wellbeing Boards: establishment Section 194 – Establishment of Health and Wellbeing Boards
1191.This section requires each upper tier local authority to establish a Health and Wellbeing Board for its area (subsection (1)).
1192.The section also sets out their membership (subsection (2)). This includes the director of children’s services, the director of adult social services and the director of public health. There must be at least one elected representative, which may be the elected mayor or leader of the local authority and/or a councillor or councillors nominated by them (subsections (3) and (4)). The Local Healthwatch organisation and each relevant CCG must also appoint representatives (subsections (5) and (6)). A CCG may, with the consent of the Health and Wellbeing Board, be represented by the representative of another CCG which has a boundary within or coinciding with the local authority area (subsection (7)).
1193.Subsection (8) enables the Board to appoint additional persons as members. The local authority will also be able to invite other persons or representatives of other persons to become members, for example local voluntary groups or service providers (subsection (2)(g)). Subsection (9) requires the local authority to consult the Health and Wellbeing Board before appointing additional persons after the Board has been established. Subsection (10) requires each relevant CCG to co-operate with the Health and Wellbeing Board in the exercise of the Board’s functions.
1194.Subsection (11) provides that the Health and Wellbeing Board is a committee of the local authority and is to be treated as if it were appointed under section 102 of the Local Government Act 1972.
1195.Subsection (12) enables regulations to be made to disapply legislation which applies in relation to committees appointed under section 102 of the Local Government Act 1972 or to provide for such legislation to apply with modifications in relation to Health and Wellbeing Boards.