COMMENTARY ON SECTIONS Section 38 - meaning of “community planning partners”
72.Section 38 lists the public bodies who are defined under Part 2 of the Measure as ‘community planning partners’. They are: community councils; fire and rescue authorities; Local Health Boards; NHS Trusts; National Park authorities; police authorities; and the chief constable of police force for a police authority area.
73.Subsection (1)(d) gives the Welsh Ministers a power by direction to specify which NHS Trusts are community planning partners of particular local authorities. This is necessary because NHS Trusts are not aligned to local authority boundaries.
74.Under section 38 Welsh Ministers have a power, by order, to amend, to add to or to remove bodies from those listed as community planning partners. Such an order can only be made following consultation with the body concerned, and with representatives of the local authority or authorities which would co-operate with it.
75.An order made under this section cannot designate a person who does not have functions of a public nature as a community planning partners.