UT/2023/000021 - [2024] UKUT 00334 (TCC)

HSCA 2012 inserted a new s2B (Functions of local authorities and Secretary of State as to improvement of public health) into the 2006 Act requiring that each local authority “must take such steps as it considers appropriate for improving the health of the people of England” (ss2B(2)). The steps that may be taken are stated to include matters such as providing information and advice (a), providing services or facilities designed to promote healthy living, for the prevention, diagnosis or treatment of illness (b) and (c), and making available the services of any person or any facilities (g).

Under s6C of the 2006 Act, Regulations may require a local authority to exercise any of the public health functions of the Secretary of State, or its own public health functions.

Relevant in this case, the Local Authorities (Public Health Functions and Entry to Premises by Local Healthwatch Representatives) Regulations 2013/315 (“the 2013 Regulations”) made under various powers in the 2006 Act, including s6C, impose obligations on local authorities to make arrangements “to secure the provision of a universal health visitor reviews” to eligible persons (Regulation 5A – Universal health visitor reviews), to “secure the provision of, open access sexual health services in its area…” (Regulation 6 – Sexual health services), and regarding protecting the health of the local population, including information and advice on arrangements to deal with infectious diseases and epidemiological surveillance (Regulation 8 – protecting the health of the local population).

Section 7A enables the Secretary of State to arrange for any of the Secretary’s public health functions to be exercised by relevant bodies (which term includes a “local authority”).