National Health Service Act 2006

Type Public General Act
Publication 2006-11-08
Last updated 2025-09-01
State In force
Department Statute Law Database
articles Not indexed
Reform history JSON API

Applications for variation of constitution

Variation of constitution otherwise than on application

Mergers

Dissolution

Transfers in connection with variation, merger, dissolution etc.

Publication of constitution of clinical commissioning groups

Guidance about the establishment of clinical commissioning groups etc.

Governing bodies of clinical commissioning groups

Audit and remuneration committees of governing bodies

Regulations as to governing bodies of clinical commissioning groups

Registers of interests and management of conflicts of interest

Duty to promote NHS Constitution

Duty as to effectiveness, efficiency etc.

Duty as to improvement in quality of services

Duty in relation to quality of primary medical services

Duties as to reducing inequalities

Duty to promote involvement of each patient

Duty as to patient choice

Duty to obtain appropriate advice

Duty to promote innovation

Duty in respect of research

Duty as to promoting education and training

Duty as to promoting integration

Public involvement and consultation by clinical commissioning groups

Arrangements by clinical commissioning groups in respect of the exercise of functions

Joint exercise of functions with combined authorities

Joint exercise of functions with Local Health Boards

Raising additional income

Power to make grants

Responsibility for payments to providers

Guidance on commissioning by the Board

Exercise of functions by, or jointly with, the Board

Power of Board to provide assistance or support

Commissioning plan

Revision of commissioning plans

Consultation about commissioning plans

Opinion of Health and Wellbeing Boards on commissioning plans

Reports by clinical commissioning groups

Performance assessment of clinical commissioning groups

Circumstances in which powers in sections 14Z18 and 14Z19 apply

Power to require documents and information etc.

Power to require explanation

Use of information

Power to give directions, dissolve clinical commissioning groups etc.

Procedural requirements in connection with certain powers

Permitted disclosures of information

Interpretation

CHAPTER A3 — Integrated care boards

Establishment of integrated care boards (including by re-purposing clinical commissioning groups)

Duty to establish integrated care boards

14Z25
  • (1) NHS England must establish bodies called integrated care boards in accordance with this Chapter.
  • (2) Each integrated care board is to be established by order made by NHS England for an area within England.
  • (3) The area for which an integrated care board is established must not coincide or overlap with the area of any other integrated care board.
  • (4) NHS England must ensure that, at all times on and after the appointed day, the areas of integrated care boards together cover the whole of England.
  • (5) An order establishing an integrated care board must provide for the constitution of the board, either by setting out the constitution or by making provision by reference to a published document where it is set out.
  • (6) In Schedule 1B—
  • (a) Part 1 is about the constitution of an integrated care board (including its area);
  • (b) Part 2 is about the status and powers of an integrated care board and its accounts.
  • (7) Before varying or revoking an order under this section NHS England must consult any integrated care board that it considers likely to be affected.
  • (8) NHS England must publish orders under this section.
  • (9) In this section “the appointed day” means a day appointed under this subsection by regulations made by the Secretary of State.

Process for establishing initial integrated care boards

14Z26
  • (1) NHS England must publish a list of the initial areas for which integrated care boards are to be established (each of which is referred to in this section as an “initial area”).
  • (2) The relevant clinical commissioning group or groups for an initial area must propose the constitution of the first integrated care board to be established for that area.
  • (3) Before making a proposal under subsection (2), the relevant clinical commissioning group or groups must consult any persons they consider it appropriate to consult (and it is immaterial for this purpose whether the consultation is carried out before or after this section comes into force).
  • (4) When establishing the first integrated care board under section 14Z25 for an initial area, NHS England must give effect to any proposal under subsection (2) unless it considers that—
  • (a) the proposal is inappropriate, or
  • (b) the relevant clinical commissioning group or groups have not carried out an appropriate consultation under subsection (3),

and in that case NHS England must determine the terms of the constitution itself.

  • (5) Nothing in this section—
  • (a) prevents NHS England from establishing the first integrated care board for an initial area in a case where the relevant clinical commissioning group or groups have failed within a reasonable period to make a proposal under subsection (2), or
  • (b) limits the re-exercise of the power in section 14Z25.
  • (6) NHS England may publish guidance for clinical commissioning groups about the exercise of their functions under this section.
  • (7) A clinical commissioning group must have regard to guidance published under this section.
  • (8) In this section “the relevant clinical commissioning group or groups” means—
  • (a) in relation to an area that coincides with the area of a clinical commissioning group, that group;
  • (b) in relation to an area that includes the whole or part of the area of more than one clinical commissioning group, those groups acting jointly.

Abolition of clinical commissioning groups

14Z27
  • (1) Any clinical commissioning group in existence immediately before the appointed day is abolished at the beginning of that day.
  • (2) In this section “the appointed day” has the same meaning as in section 14Z25.

Transfer schemes in connection with integrated care boards

14Z28
  • (1) NHS England may, in connection with the abolition of a clinical commissioning group under section 14Z27, make a scheme for the transfer of the group’s property, rights or liabilities to NHS England or an integrated care board.
  • (2) NHS England may, in connection with the establishment of an integrated care board, make a scheme for the transfer of property, rights or liabilities to the board from—
  • (a) NHS England,
  • (b) an NHS trust established under section 25,
  • (c) an NHS foundation trust, or
  • (d) a Special Health Authority established under section 28.
  • (3) NHS England may, in connection with the variation of the constitution of an integrated care board or the abolition of an integrated care board, make a scheme for the transfer of the board’s property, rights or liabilities to NHS England or an integrated care board.
  • (4) The reference in subsection (3) to the variation of the constitution of an integrated care board is to its variation by order under section 14Z25 or under provision included in its constitution by virtue of paragraph 14 of Schedule 1B.
  • (5) NHS England must exercise its powers under subsection (1) or (3) so as to ensure that—
  • (a) on the abolition of a clinical commissioning group whose area coincides with that of an integrated care board, all of the group’s property, rights and liabilities (other than criminal liabilities) are transferred to that board;
  • (b) on the abolition of a clinical commissioning group whose area does not coincide with that of an integrated care board, all of the group’s property, rights and liabilities (other than criminal liabilities) are transferred to one or more integrated care boards;
  • (c) on the abolition of an integrated care board, all of the board’s liabilities (other than criminal liabilities) are transferred.
  • (6) The things that may be transferred under a transfer scheme include—
  • (a) property, rights and liabilities that could not otherwise be transferred;
  • (b) property acquired, and rights and liabilities arising, after the making of the scheme;
  • (c) criminal liabilities.
  • (7) A transfer scheme may—
  • (a) create rights, or impose liabilities, in relation to property or rights transferred;
  • (b) make provision about the continuing effect of things done by, on behalf of or in relation to the transferor in respect of anything transferred;
  • (c) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred;
  • (d) make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee;
  • (e) make provision for the shared ownership or use of property;
  • (f) make provision which is the same as or similar to the TUPE regulations;
  • (g) make other consequential, supplementary, incidental or transitional provision.
  • (8) A transfer scheme may provide—
  • (a) for modifications by agreement;
  • (b) for modifications to have effect from the date when the original scheme came into effect.
  • (9) In subsection (7)(f), “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).
  • (10) In this section—
  • (a) references to rights and liabilities include rights and liabilities relating to a contract of employment;
  • (b) references to the transfer of property include the grant of a lease.

Constitution: publication

Duty for integrated care board to publish constitution

14Z29

Each integrated care board must publish its constitution (as varied from time to time by order under section 14Z25 or under provision included in its constitution by virtue of paragraph 15 of Schedule 1B).

Conflicts of interest

Register of interests and management of conflicts of interests

14Z30
  • (1) Each integrated care board must maintain one or more registers of the interests of—
  • (a) members of the board,
  • (b) members of its committees or sub-committees, and
  • (c) its employees.
  • (2) Each integrated care board must publish the registers maintained under subsection (1) or make arrangements to ensure that members of the public have access to the registers on request.
  • (3) Each integrated care board must make arrangements to ensure—
  • (a) that a person mentioned in subsection (1) declares any conflict or potential conflict of interest that the person has in relation to a decision to be made in the exercise of the commissioning functions of the integrated care board,
  • (b) that any such declaration is made as soon as practicable after the person becomes aware of the conflict or potential conflict and, in any event, within 28 days of the person becoming aware, and
  • (c) that any such declaration is included in the registers maintained under subsection (1).
  • (4) Each integrated care board must make arrangements for managing conflicts and potential conflicts of interest in such a way as to ensure that they do not, and do not appear to, affect the integrity of the board’s decision-making processes.
  • (5) For the purposes of this section, the commissioning functions of an integrated care board are the functions of the board in arranging for the provision of services as part of the health service.

People for whom integrated care board has responsibility

People for whom integrated care board has responsibility

14Z31
  • (1) NHS England must from time to time publish rules for determining the group of people for whom each integrated care board has core responsibility.
  • (2) The rules must ensure that the following are allocated to at least one group—
  • (a) everyone who is provided with NHS primary medical services, and
  • (b) everyone who is usually resident in England and is not provided with NHS primary medical services.
  • (3) Regulations may create exceptions to subsection (2) in relation to people of a prescribed description (which may include a description framed by reference to the primary medical services with which the people are provided).
  • (4) References in this Act to the group of people for whom an integrated care board has core responsibility are to be read in accordance with this section.
  • (5) In this section, “NHS primary medical services” means services provided by a person, other than NHS England or an integrated care board, in pursuance of—
  • (a) a general medical services contract to provide primary medical services of a prescribed description,
  • (b) arrangements under section 83(2) for the provision of primary medical services of a prescribed description, or
  • (c) section 92 arrangements for the provision of primary medical services of a prescribed description.

General duties of integrated care boards

Duty to promote NHS Constitution

14Z32
  • (1) Each integrated care board must, in the exercise of its functions—
  • (a) act with a view to securing that health services are provided in a way which promotes the NHS Constitution, and
  • (b) promote awareness of the NHS Constitution among patients, staff and members of the public.
  • (2) In this section, “patients” and “staff” have the same meaning as in Chapter 1 of Part 1 of the Health Act 2009 (see section 3(7) of that Act).

Duty as to effectiveness, efficiency etc

14Z33

Each integrated care board must exercise its functions effectively, efficiently and economically.

Duty as to improvement in quality of services

14Z34
  • (1) Each integrated care board must exercise its functions with a view to securing continuous improvement in the quality of services provided to individuals for or in connection with the prevention, diagnosis or treatment of illness.
  • (2) In discharging its duty under subsection (1), an integrated care board must, in particular, act with a view to securing continuous improvement in the outcomes that are achieved from the provision of the services.
  • (3) The outcomes relevant for the purposes of subsection (2) include, in particular, outcomes which show—
  • (a) the effectiveness of the services,
  • (b) the safety of the services, and
  • (c) the quality of the experience undergone by patients.

Duties as to reducing inequalities

14Z35

Each integrated care board must, in the exercise of its functions, have regard to the need to—

  • (a) reduce inequalities between persons with respect to their ability to access health services, and
  • (b) reduce inequalities between patients with respect to the outcomes achieved for them by the provision of health services (including the outcomes described in section 14Z34(3)).

Duty to promote involvement of each patient

14Z36

Each integrated care board must, in the exercise of its functions, promote the involvement of patients, and their carers and representatives (if any), in decisions which relate to—

  • (a) the prevention or diagnosis of illness in the patients, or
  • (b) their care or treatment.

Duty as to patient choice

14Z37

Each integrated care board must, in the exercise of its functions, act with a view to enabling patients to make choices with respect to aspects of health services provided to them.

Duty to obtain appropriate advice

14Z38

Each integrated care board must obtain advice appropriate for enabling it effectively to discharge its functions from persons who (taken together) have a broad range of professional expertise in—

  • (a) the prevention, diagnosis or treatment of illness, and
  • (b) the protection or improvement of public health.

Duty to promote innovation

14Z39

Each integrated care board must, in the exercise of its functions, promote innovation in the provision of health services (including innovation in the arrangements made for their provision).

Duty in respect of research

14Z40

Each integrated care board must, in the exercise of its functions, facilitate or otherwise promote—

  • (a) research on matters relevant to the health service, and
  • (b) the use in the health service of evidence obtained from research.

Duty to promote education and training

14Z41

Each integrated care board must, in exercising its functions, have regard to the need to promote education and training for the persons mentioned in section 1F(1) so as to assist the Secretary of State and NHS England in the discharge of the duty under that section.

Duty to promote integration

14Z42
  • (1) Each integrated care board must exercise its functions with a view to securing that health services are provided in an integrated way where it considers that this would—
  • (a) improve the quality of those services (including the outcomes that are achieved from their provision),
  • (b) reduce inequalities between persons with respect to their ability to access those services, or
  • (c) reduce inequalities between persons with respect to the outcomes achieved for them by the provision of those services.
  • (2) Each integrated care board must exercise its functions with a view to securing that the provision of health services is integrated with the provision of health-related services or social care services where it considers that this would—
  • (a) improve the quality of the health services (including the outcomes that are achieved from the provision of those services),
  • (b) reduce inequalities between persons with respect to their ability to access those services, or
  • (c) reduce inequalities between persons with respect to the outcomes achieved for them by the provision of those services.
  • (3) In this section—
  • health-related services” means services that may have an effect on the health of individuals but are not health services or social care services;
  • social care services” means services that are provided in pursuance of the social services functions of local authorities (within the meaning of the Local Authority Social Services Act 1970 or for the purposes of the Social Services and Well-being (Wales) Act 2014).
  • (4) For the purposes of this section, the provision of housing accommodation is a health-related service.

Duty to have regard to wider effect of decisions

14Z43
  • (1) In making a decision about the exercise of its functions, an integrated care board must have regard to all likely effects of the decision in relation to—
  • (a) the health and well-being of the people of England;
  • (b) the quality of services provided to individuals—
  • (i) by relevant bodies, or
  • (ii) in pursuance of arrangements made by relevant bodies,

for or in connection with the prevention, diagnosis or treatment of illness, as part of the health service in England;

  • (c) efficiency and sustainability in relation to the use of resources by relevant bodies for the purposes of the health service in England.
  • (2) In subsection (1)
  • (a) the reference to a decision does not include a reference to a decision about the services to be provided to a particular individual for or in connection with the prevention, diagnosis or treatment of illness;
  • (b) the reference to effects of a decision in relation to the health and well-being of the people of England includes a reference to its effects in relation to inequalities between the people of England with respect to their health and well-being;
  • (c) the reference to effects of a decision in relation to the quality of services provided to individuals includes a reference to its effects in relation to inequalities between individuals with respect to the benefits that they can obtain from those services.
  • (3) In discharging the duty under this section, integrated care boards must have regard to guidance published by NHS England under section 13NB.
  • (4) In this section “relevant bodies” means—
  • (a) NHS England,
  • (b) integrated care boards,
  • (c) NHS trusts established under section 25, and
  • (d) NHS foundation trusts.

Duties as to climate change etc

14Z44
  • (1) Each integrated care board must, in the exercise of its functions, have regard to the need to—
  • (a) contribute towards compliance with—
  • (i) section 1 of the Climate Change Act 2008 (UK net zero emissions target), and
  • (ii) section 5 of the Environment Act 2021 (environmental targets), and
  • (b) adapt to any current or predicted impacts of climate change identified in the most recent report under section 56 of the Climate Change Act 2008.
  • (2) In discharging the duty under this section, integrated care boards must have regard to guidance published by NHS England under section 13ND.

Involvement of the public

Public involvement and consultation by integrated care boards

14Z45
  • (1) This section applies in relation to any health services which are, or are to be, provided pursuant to arrangements made by an integrated care board in the exercise of its functions (“commissioning arrangements”).
  • (2) The integrated care board must make arrangements to secure that individuals to whom the services are being or may be provided, and their carers and representatives (if any), are involved (whether by being consulted or provided with information or in other ways)—
  • (a) in the planning of the commissioning arrangements by the integrated care board,
  • (b) in the development and consideration of proposals by the integrated care board for changes in the commissioning arrangements where the implementation of the proposals would have an impact on—
  • (i) the manner in which the services are delivered to the individuals (at the point when the service is received by them), or
  • (ii) the range of health services available to them, and
  • (c) in decisions of the integrated care board affecting the operation of the commissioning arrangements where the implementation of the decisions would (if made) have such an impact.
  • (3) This section does not require an integrated care board to make arrangements in relation to matters to which a trust special administrator’s draft or final report under section 65F or 65I relates before—
  • (a) in a case where the administrator’s report relates to an NHS trust, NHS England and the Secretary of State have made their decisions under section 65K(1) and (2), or
  • (b) in a case where the administrator’s report relates to an NHS foundation trust, the Secretary of State is satisfied as mentioned in section 65KB(1) or 65KD(1) or makes a decision under section 65KD(9).

Joint exercise of functions with Local Health Boards

Joint exercise of functions with Local Health Boards

14Z46
  • (1) Regulations may provide for any prescribed functions of an integrated care board to be exercised jointly with a Local Health Board.
  • (2) The regulations may permit or require any functions that are exercisable jointly by an integrated care board and a Local Health Board by virtue of the regulations to be exercised by a joint committee of those bodies.
  • (3) Arrangements made by virtue of this section do not affect the liability of an integrated care board for the exercise of any of its functions.

Additional powers of integrated care boards

Raising additional income

14Z47
  • (1) An integrated care board has power to do anything specified in section 7(2)(a), (b) and (e) to (h) of the Health and Medicines Act 1988 (provision of goods etc) for the purpose of making additional income available for improving the health service.
  • (2) An integrated care board may exercise a power conferred by subsection (1) only to the extent that its exercise does not to any significant extent interfere with the exercise by the board of its other functions.

Power to make grants

14Z48
  • (1) An integrated care board may make payments—
  • (a) by way of grant to any of its partner NHS trusts or NHS foundation trusts;
  • (b) by way of grant or loan to a voluntary organisation which provides or arranges for the provision of services which are similar to the services in respect of which the integrated care board has functions.
  • (2) The payments may be made subject to such terms as the integrated care board considers appropriate.
  • (3) For the purposes of this Act an NHS trust or NHS foundation trust is a “partner” of an integrated care board if the trust—
  • (a) provides services for the purposes of the health service within the integrated care board’s area, and
  • (b) has the function, under the integrated care board’s constitution, of participating in the nomination of members as a result of falling within a description prescribed for the purposes paragraph 8(2)(a) of Schedule 1B.

Experience of members

Duty to keep experience of members under review etc

14Z49

An integrated care board must—

  • (a) keep under review the skills, knowledge and experience that it considers necessary for members of the board to possess (when taken together) in order for the board effectively to carry out its functions, and
  • (b) if it considers that the board as constituted lacks the necessary skills, knowledge and experience, take such steps as it considers necessary to address or mitigate that shortcoming.

NHS England’s functions in relation to integrated care boards

Responsibility for payments to providers

14Z50
  • (1) NHS England may publish a document specifying—
  • (a) circumstances in which an integrated care board is liable to make a payment to a person in respect of services provided by that person in pursuance of arrangements made by another integrated care board in the discharge of commissioning functions, and
  • (b) how the amount of any such payment is to be determined.
  • (2) An integrated care board is required to make payments in accordance with any document published under subsection (1).
  • (3) Where an integrated care board is required to make a payment by virtue of subsection (2), no other integrated care board is liable to make it.
  • (4) Accordingly, any obligation of another integrated care board to make the payment ceases to have effect.
  • (5) Any sums payable by virtue of subsection (2) may be recovered summarily as a civil debt (but this does not affect any other method of recovery).
  • (6) NHS England may publish guidance for integrated care boards for the purpose of assisting them in understanding and applying any document published under subsection (1).
  • (7) In this section “commissioning functions” means the functions of integrated care boards in arranging for the provision of services as part of the health service.

Guidance by NHS England

14Z51
  • (1) NHS England must publish guidance for integrated care boards on the discharge of their functions.
  • (2) Each integrated care board must have regard to guidance under this section.

Forward planning and reports

Joint forward plans for integrated care board and its partners

14Z52
  • (1) Before the start of each financial year, an integrated care board and its partner NHS trusts and NHS foundation trusts must prepare a plan setting out how they propose to exercise their functions in the next five years.
  • (2) The plan must, in particular—
  • (a) describe the health services for which the integrated care board proposes to make arrangements in the exercise of its functions by virtue of this Act;
  • (b) explain how the integrated care board proposes to discharge its duties under—
  • (i) sections 14Z34 to 14Z45 (general duties of integrated care boards), and
  • (ii) sections 223GB to 223N (financial duties);
  • (c) set out any steps that the integrated care board proposes to take to implement any joint local health and wellbeing strategy to which it is required to have regard under section 116B(1) of the Local Government and Public Involvement in Health Act 2007;
  • (d) set out any steps that the integrated care board proposes to take to address the particular needs of children and young persons under the age of 25;
  • (e) set out any steps that the integrated care board proposes to take to address the particular needs of victims of abuse (including domestic abuse and sexual abuse, whether of children or adults).
  • (3) The integrated care board and its partner NHS trusts and NHS foundation trusts must publish the plan.
  • (4) The integrated care board and its partner NHS trusts and NHS foundation trusts must give a copy of the plan to—
  • (a) the integrated care partnership for the board’s area,
  • (b) each relevant Health and Wellbeing Board, and
  • (c) NHS England.
  • (5) NHS England may give a direction as to the date by which subsection (4) must be complied with.
  • (6) An integrated care board and its partner NHS trusts and NHS foundation trusts must have regard to the plan under subsection (1).
  • (7) In this Chapter “relevant Health and Wellbeing Board”, in relation to an integrated care board (or an integrated care board and its partner NHS trusts and NHS foundation trusts), means a Health and Wellbeing Board established by a local authority whose area coincides with, or includes the whole or any part of, the area of the integrated care board.
  • (8) In this Act “financial year”, in relation to an integrated care board, means—
  • (a) the period beginning with the date on which the integrated care board is established and ending with the 31 March following that date, and
  • (b) each successive period of twelve months.

Revision of forward plans

14Z53
  • (1) An integrated care board and its partner NHS trusts and NHS foundation trusts may revise a plan published under section 14Z52.
  • (2) If the integrated care board and its partner NHS trusts and NHS foundation trusts revise the plan in a way that they consider to be significant, section 14Z52(3) and (4) apply in relation to the revised plan as they applied in relation to the original plan.
  • (3) If the integrated care board and its partner NHS trusts and NHS foundation trusts revise the plan in any other way they must—
  • (a) publish a document setting out the changes, and
  • (b) give a copy of the document to—
  • (i) the integrated care partnership for the board’s area,
  • (ii) each relevant Health and Wellbeing Board, and
  • (iii) NHS England.

Consultation about forward plans

14Z54
  • (1) This section applies where an integrated care board and its partner NHS trusts and NHS foundation trusts are—
  • (a) preparing a plan under section 14Z52, or
  • (b) revising a plan under section 14Z53 in a way that they consider to be significant.
  • (2) The integrated care board and its partner NHS trusts and NHS foundation trusts must consult—
  • (a) the group of people for whom the integrated care board has core responsibility, and
  • (b) any other persons they consider it appropriate to consult.
  • (3) The integrated care board and its partner NHS trusts and NHS foundation trusts must involve each relevant Health and Wellbeing Board in preparing or revising the plan.
  • (4) The integrated care board and its partner NHS trusts and NHS foundation trusts must, in particular—
  • (a) give each relevant Health and Wellbeing Board a draft of the plan or (as the case may be) the plan as revised, and
  • (b) consult each relevant Health and Wellbeing Board on whether the draft takes proper account of each joint local health and wellbeing strategy published by it which relates to the period (or any part of the period) to which the plan relates.
  • (5) Where a Health and Wellbeing Board is consulted under subsection (4)(b)
  • (a) it must respond with its opinion on the matter mentioned there;
  • (b) it may also give that opinion to NHS England.
  • (6) Where a Health and Wellbeing Board gives its opinion to NHS England under subsection (5)(b) it must inform the integrated care board and its partner NHS trusts and NHS foundation trusts that it has done so (unless it informed them, in advance, that it was planning to do so).
  • (7) If an integrated care board and its partner NHS trusts and NHS foundation trusts revise or further revise a draft after it has been given to each relevant Health and Wellbeing Board under subsection (4), subsections (4) and (5) apply in relation to the revised draft as they applied in relation to the original draft.
  • (8) An integrated care board and its partner NHS trusts and NHS foundation trusts must include in a plan published under section 14Z52(3)
  • (a) a summary of the views expressed by anyone consulted under subsection (2),
  • (b) an explanation of how they took account of those views, and
  • (c) a statement of the final opinion of each relevant Health and Wellbeing Board consulted in relation to the plan under subsection (4).
  • (9) In this section, “joint local health and wellbeing strategy” means a strategy under section 116A of the Local Government and Public Involvement in Health Act 2007.

Opinion of Health and Wellbeing Boards on forward plan

14Z55
  • (1) A relevant Health and Wellbeing Board—
  • (a) may give NHS England its opinion on whether a plan published by an integrated care board and its partner NHS trusts and NHS foundation trusts under section 14Z52(3) takes proper account of each joint local health and wellbeing strategy published by the Health and Wellbeing Board which relates to the period (or any part of the period) to which the plan relates, and
  • (b) if it does so, must give the integrated care board and its partner NHS trusts and NHS foundation trusts a copy of its opinion.
  • (2) In this section, “joint local health and wellbeing strategy” has the same meaning as in section 14Z54(9).

Joint capital resource use plan for integrated care board and its partners

14Z56
  • (1) Before the start of each financial year, an integrated care board and its partner NHS trusts and NHS foundation trusts must prepare a plan setting out their planned capital resource use.
  • (2) The plan must relate to such period as may be specified in a direction by the Secretary of State.
  • (3) The Secretary of State must publish any direction under subsection (2).
  • (4) The integrated care board and its partner NHS trusts and NHS foundation trusts must publish the plan.
  • (5) The integrated care board and its partner NHS trusts and NHS foundation trusts must give a copy of the plan to—
  • (a) the integrated care partnership for the board’s area,
  • (b) each relevant Health and Wellbeing Board, and
  • (c) NHS England.
  • (6) NHS England may give a direction as to the date by which subsection (5) must be complied with.
  • (7) NHS England may publish guidance about the discharge by an integrated care board and its partner NHS trusts and NHS foundation trusts of their functions under this section.
  • (8) An integrated care board and its partner NHS trusts and NHS foundation trusts must have regard to any guidance published under subsection (7).
  • (9) NHS England may give directions, in relation to a financial year—
  • (a) specifying descriptions of resources which must, or must not, be treated as capital resources for the purposes of this section;
  • (b) specifying uses of capital resources which must, or must not, be taken into account for the purposes of this section.
  • (10) The reference in subsection (1) to the use of capital resources is a reference to its expenditure, consumption or reduction in value.

Revision of joint capital resource use plans

14Z57
  • (1) An integrated care board and its partner NHS trusts and NHS foundation trusts may revise a plan published under section 14Z56.
  • (2) If the integrated care board and its partner NHS trusts and NHS foundation trusts revise the plan in a way that they consider to be significant, section 14Z56(4) and (5) apply in relation to the revised plan as they applied in relation to the original plan.
  • (3) If the integrated care board and its partner NHS trusts and NHS foundation trusts revise the plan in any other way, they must—
  • (a) publish a document setting out the changes, and
  • (b) give a copy of the document to—
  • (i) the integrated care partnership for the board’s area,
  • (ii) each relevant Health and Wellbeing Board, and
  • (iii) NHS England.

Annual report

14Z58
  • (1) An integrated care board must, in each financial year, prepare a report (an “annual report”) on how it has discharged its functions in the previous financial year.
  • (2) An annual report must, in particular—
  • (a) explain how the integrated care board has discharged its duties under sections 14Z34 to 14Z45 and 14Z49 (general duties of integrated care boards),
  • (b) review the extent to which the board has exercised its functions in accordance with the plans published under—
  • section 14Z52 (forward plan), and
  • section 14Z56 (capital resource use plan),
  • (c) review the extent to which the board has exercised its functions consistently with NHS England’s views set out in the latest statement published under section 13SA(1) (views about how functions relating to inequalities information should be exercised), and
  • (d) review any steps that the board has taken to implement any joint local health and wellbeing strategy to which it was required to have regard under section 116B(1) of the Local Government and Public Involvement in Health Act 2007.
  • (3) In undertaking the review required by subsection (2)(d), an integrated care board must consult each relevant Health and Wellbeing Board.
  • (4) An annual report must include—
  • (a) a statement of the amount of expenditure incurred by the integrated care board during the financial year in relation to mental health,
  • (b) a calculation of the proportion of the expenditure incurred by the integrated care board during the financial year that relates to mental health, and
  • (c) an explanation of the statement and calculation.
  • (5) NHS England may give directions to integrated care boards as to the form and content of an annual report.
  • (6) An integrated care board must—
  • (a) give a copy of its annual report to NHS England before the date specified by NHS England in a direction, and
  • (b) publish a copy of the annual report.

Performance assessment of integrated care boards

Performance assessment of integrated care boards

14Z59
  • (1) NHS England must conduct a performance assessment of each integrated care board in respect of each financial year.
  • (2) A performance assessment is an assessment of how well the integrated care board has discharged its functions during that year.
  • (3) The assessment must, in particular, include an assessment of how well the integrated care board has discharged its duties under—
  • (a) section 14Z34 (improvement in quality of services),
  • (b) section 14Z35 (reducing inequalities),
  • (c) section 14Z38 (obtaining appropriate advice),
  • (d) section 14Z40 (duty in respect of research),
  • (e) section 14Z43 (duty to have regard to effect of decisions),
  • (f) section 14Z45 (public involvement and consultation),
  • (g) sections 223GB to 223N (financial duties), and
  • (h) section 116B(1) of the Local Government and Public Involvement in Health Act 2007 (duty to have regard to assessments and strategies).
  • (4) In conducting a performance assessment, NHS England must consult each relevant Health and Wellbeing Board as to its views on any steps that the board has taken to implement any joint local health and wellbeing strategy to which the board was required to have regard under section 116B(1) of that Act of 2007.
  • (5) In conducting a performance assessment, NHS England must, in particular, have regard to—
  • (a) any guidance published by the Secretary of State for the purposes of this section, and
  • (b) any guidance published under section 14Z51.
  • (6) NHS England must publish a report in respect of each financial year containing a summary of the results of each performance assessment conducted by NHS England in respect of that year.

Power of NHS England to obtain information

Power of NHS England to obtain information

14Z60
  • (1) NHS England may require an integrated care board to provide NHS England with information.
  • (2) The information must be provided in such form, and at such time or within such period, as NHS England may require.

Intervention powers

Power to give directions to integrated care boards

14Z61
  • (1) This section applies if NHS England is satisfied that—
  • (a) an integrated care board is failing or has failed to discharge any of its functions, or
  • (b) there is a significant risk that an integrated care board will fail to do so.
  • (2) NHS England may direct the integrated care board to discharge such of those functions in such manner and within such period or periods as may be specified in the direction.
  • (3) NHS England may direct—
  • (a) the integrated care board, or
  • (b) the chief executive of the integrated care board,

to cease to perform any functions for such period or periods as may be specified in the direction.

  • (4) NHS England may—
  • (a) terminate the appointment of the integrated care board’s chief executive, and
  • (b) direct the chair of the board as to which individual to appoint as a replacement and on what terms.
  • (5) Where a direction is given under subsection (3)(a) NHS England may—
  • (a) exercise, on behalf of the integrated care board, any of the functions that are the subject of the direction;
  • (b) direct another integrated care board to perform any of those functions on behalf of the integrated care board, in such manner and within such period or periods as may be specified in the direction.
  • (6) A direction under subsection (5)(b) may include provision prohibiting or restricting the integrated care board from making delegation arrangements in relation to a function that is exercisable by it by virtue of the direction.
  • (7) In subsection (6)delegation arrangements” means arrangements made by a person for the exercise of a function by someone else.
  • (8) Where a direction is given under subsection (3)(b) NHS England may—
  • (a) exercise, on behalf of the chief executive, any of the functions that are the subject of the direction;
  • (b) direct the chief executive of another integrated care board to perform any of those functions on behalf of the chief executive, in such manner and within such period or periods as may be specified in the direction.
  • (9) For the purposes of this section—
  • (a) a failure to discharge a function includes a failure to discharge it properly, and
  • (b) a failure to discharge a function properly includes a failure to discharge it consistently with what NHS England considers to be the interests of the health service.

Section 14Z61 directions: consultation and cooperation

14Z62
  • (1) Before exercising the power conferred by section 14Z61(5)(b) or (8)(b) NHS England must consult the integrated care board to which it is proposing to give the direction or to whose chief executive it is proposing to give the direction.
  • (2) Where a direction is given under section 14Z61(3)(b) to the chief executive of an integrated care board, that board must co-operate with any chief executive to whom a direction is given under subsection (8)(b).

Disclosure of information

Permitted disclosures of information

14Z63
  • (1) An integrated care board may disclose information obtained by it in the exercise of its functions if—
  • (a) the information has previously been lawfully disclosed to the public,
  • (b) the disclosure is made under or pursuant to regulations under section 113 or 114 of the Health and Social Care (Community Health and Standards) Act 2003 (complaints about health care or social services),
  • (c) the disclosure is made in accordance with any enactment or court order,
  • (d) the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,
  • (e) the disclosure is made to any person in circumstances where it is necessary or expedient for the person to have the information for the purpose of exercising functions of that person under any enactment,
  • (f) the disclosure is made for the purpose of facilitating the exercise of any of the integrated care board’s functions,
  • (g) the disclosure is made in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or
  • (h) the disclosure is made for the purpose of criminal proceedings (whether or not in the United Kingdom).
  • (2) Subsection (1)(a) to (c) and (h) have effect notwithstanding any rule of common law which would otherwise prohibit or restrict the disclosure.

Interpretation

Interpretation

14Z64

In this Chapter—

  • the health service” means the health service in England;
  • health services” means services provided as part of the health service;
  • integrated care partnership” has the meaning given by section 116ZA(1) of the Local Government and Public Involvement in Health Act 2007;
  • relevant Health and Wellbeing Board”, in relation to an integrated care board, has the meaning given by section 14Z52(7).

Strategic Health Authorities

Exercise of Strategic Health Authority functions

Strategic Health Authorities' directions

Section 92 arrangements and section 107 arrangements and LPS schemes

Advice for Strategic Health Authorities

Reports on consultation

Primary Care Trusts

Exercise of Primary Care Trust functions

Strategic Health Authority directions to Primary Care Trusts

Provision of services etc

Administration and management of services

Advice for Primary Care Trusts

Arrangements for improving quality of health care

Plans for improving health etc

Report on consultation

NHS trusts

General duty of NHS trusts

Duty to have regard to wider effect of decisions

26A
  • (1) In making a decision about the exercise of its functions, an NHS trust established under section 25 must have regard to all likely effects of the decision in relation to—
  • (a) the health and well-being of the people of England;
  • (b) the quality of services provided to individuals—
  • (i) by relevant bodies, or
  • (ii) in pursuance of arrangements made by relevant bodies,

for or in connection with the prevention, diagnosis or treatment of illness, as part of the health service in England;

  • (c) efficiency and sustainability in relation to the use of resources by relevant bodies for the purposes of the health service in England.
  • (2) In subsection (1)
  • (a) the reference to a decision does not include a reference to a decision about the services to be provided to a particular individual for or in connection with the prevention, diagnosis or treatment of illness;
  • (b) the reference to effects of a decision in relation to the health and well-being of the people of England includes a reference to its effects in relation to inequalities between the people of England with respect to their health and well-being;
  • (c) the reference to effects of a decision in relation to the quality of services provided to individuals includes a reference to its effects in relation to inequalities between individuals with respect to the benefits that they can obtain from those services.
  • (3) In discharging the duty under this section, NHS trusts must have regard to guidance published by NHS England under section 13NB.
  • (4) In this section “relevant bodies” means—
  • (a) NHS England,
  • (b) integrated care boards,
  • (c) NHS trusts established under section 25, and
  • (d) NHS foundation trusts.

Duties in relation to climate change etc

26B
  • (1) An NHS trust established under section 25 must, in the exercise of its functions, have regard to the need to—
  • (a) contribute towards compliance with—
  • (i) section 1 of the Climate Change Act 2008 (UK net zero emissions target), and
  • (ii) section 5 of the Environment Act 2021 (environmental targets), and
  • (b) adapt to any current or predicted impacts of climate change identified in the most recent report under section 56 of the Climate Change Act 2008.
  • (2) In discharging the duty under this section, NHS trusts must have regard to guidance published by NHS England under section 13ND.

Financial provisions relating to NHS trusts

Oversight and support of NHS trusts

27A

NHS England must—

  • (a) monitor NHS trusts established under section 25 in the carrying out of their functions, and
  • (b) provide such advice, guidance or other support as it considers appropriate to help NHS trusts established under section 25 in the carrying out of their functions.

NHS England’s directions to NHS trusts

27B
  • (1) NHS England may give directions to an NHS trust established under section 25 about its exercise of any functions.
  • (2) In so far as a direction under this section conflicts with a direction under section 8 or paragraph 25(3) of Schedule 4, it is of no effect.

Recommendations about restructuring

27C
  • (1) NHS England may—
  • (a) make recommendations to NHS trusts for or in connection with the making of restructuring applications;
  • (b) take such other steps as it considers appropriate to facilitate restructuring applications involving NHS trusts.
  • (2) In this section “restructuring application”, in relation to an NHS trust, means an application by the NHS trust under—
  • (a) section 56 (mergers involving NHS foundation trusts);
  • (b) section 56A (acquisitions by NHS foundation trusts);
  • (c) section 69A (transfer of property etc between NHS bodies);
  • (d) paragraph 28 of Schedule 4 (dissolution of NHS trusts).

Intervention in NHS trusts: recommendations etc by NHS England

27D
  • (1) If NHS England considers that Secretary of State ought to make an order under section 66(2) or 68(2) in relation to an NHS trust established under section 25, NHS England must—
  • (a) make a recommendation to that effect,
  • (b) set out its reasons for the recommendation, and
  • (c) make any recommendations it considers appropriate as to the contents of the order.
  • (2) NHS England must make any inquiries, and provide any other assistance, that the Secretary of State may require in connection with deciding whether to make an order under section 66(2) or 68(2) in relation to an NHS trust established under section 25 and, if so, on what terms.

Special Health Authorities

Special Health Authorities: further provision

Exercise of Special Health Authority functions

Special Health Authorities: accounts and audit

29A
  • (1) In this section a reference to a Special Health Authority is to a Special Health Authority which—
  • (a) performs functions only or mainly in respect of England, or
  • (b) neither performs functions only or mainly in respect of England, nor performs functions only or mainly in respect of Wales.
  • (2) A Special Health Authority must keep proper accounts and proper records in relation to the accounts.
  • (3) The Secretary of State may give a Special Health Authority directions as to the form in which its accounts must be kept.
  • (4) A Special Health Authority must prepare, in respect of each financial year, annual accounts in such form as the Secretary of State may direct.
  • (5) A Special Health Authority must send copies of any annual accounts prepared by it under subsection (4)
  • (a) to the Secretary of State, by such date as the Secretary of State may direct, and
  • (b) to the Comptroller and Auditor General, as soon as is reasonably practicable following the end of the financial year in question.
  • (6) The Comptroller and Auditor General must examine, certify and report on the annual accounts.
  • (7) The Special Health Authority must lay before Parliament—
  • (a) a copy of the annual accounts, and
  • (b) the Comptroller and Auditor General’s report on them.
  • (8) Nothing in subsection (2) requires any annual accounts prepared by a Special Health Authority to include matters relating to a charitable trust of which it is a trustee.
  • (9) Nothing in subsection (4) has effect in relation to accounts relating to a charitable trust of which the Special Health Authority is a trustee.

Independent Regulator of NHS Foundation Trusts

General duty of regulator

Applications by NHS trusts

Other applications

Authorisation of NHS foundation trusts

Effect of authorisation

Amendments of constitution

Variation of authorisation

Register of NHS foundation trusts

Panel for advising governors

Power of Secretary of State to give financial assistance

Prudential borrowing code

Public dividend capital

Criteria for making loans etc.

Limits on capital expenditure

42B
  • (1) NHS England may make an order imposing a limit on the capital expenditure of an NHS foundation trust in respect of a single financial year.
  • (2) The order must specify—
  • (a) the trust,
  • (b) the capital expenditure limit, and
  • (c) the financial year to which the limit relates.
  • (3) NHS England must consult the trust before making the order.
  • (4) NHS England must publish each order under this section.
  • (5) An order under this section may be made at any time during or before the financial year to which it relates.
  • (6) A trust that is the subject of an order under this section must not exceed the capital expenditure limit imposed by the order during the financial year to which it relates.
  • (7) In this section “capital expenditure”, in relation to an NHS foundation trust, means expenditure of the trust which falls to be capitalised in its annual accounts.

Guidance in relation to orders under section 42B

42C
  • (1) NHS England must publish guidance about the exercise of its power to make orders under section 42B, including guidance about—
  • (a) the circumstances in which it is likely to make an order, and
  • (b) the method it will use to determine the capital expenditure limit.
  • (2) NHS England must consult the Secretary of State before it publishes guidance, or revised guidance, under this section.
  • (3) NHS England must have regard to the guidance in exercising its power to make orders under section 42B.

Provision of goods and services

Power to charge for accommodation etc.

Protection of property

Financial powers

General powers

Joint exercise of functions

47A

An NHS foundation trust may enter into arrangements for the carrying out, on such terms as the NHS foundation trust considers appropriate, of any of its functions jointly with any other person.

Information

Entry and inspection of premises

Fees

Trust funds and trustees

Significant transactions

Failing NHS foundation trusts

Application of sections 52B to 52E

De-authorisation: regulator's notice

Grounds for de-authorisation notice

De-authorisation

Secretary of State's request

Voluntary arrangements

Dissolution etc

Sections 53 and 54: supplementary

Mergers

Acquisitions

Acquisitions under section 56A: supplementary

Separations

Sections 56 to 56B: supplementary

Dissolution

Taxation

Conduct of elections

Voting and standing for election

Representative membership

Audit

General duty of NHS foundation trusts

Duty to have regard to wider effect of decisions

63A
  • (1) In making a decision about the exercise of its functions, an NHS foundation trust must have regard to all likely effects of the decision in relation to—
  • (a) the health and well-being of the people of England;
  • (b) the quality of services provided to individuals—
  • (i) by relevant bodies, or
  • (ii) in pursuance of arrangements made by relevant bodies,

for or in connection with the prevention, diagnosis or treatment of illness, as part of the health service in England;

  • (c) efficiency and sustainability in relation to the use of resources by relevant bodies for the purposes of the health service in England.
  • (2) In subsection (1)
  • (a) the reference to a decision does not include a reference to a decision about the services to be provided to a particular individual for or in connection with the prevention, diagnosis or treatment of illness;
  • (b) the reference to effects of a decision in relation to the health and well-being of the people of England includes a reference to its effects in relation to inequalities between the people of England with respect to their health and well-being;
  • (c) the reference to effects of a decision in relation to the quality of services provided to individuals includes a reference to its effects in relation to inequalities between individuals with respect to the benefits that they can obtain from those services.
  • (3) In discharging the duty under this section, NHS foundation trusts must have regard to guidance published by NHS England under section 13NB.
  • (4) In this section “relevant bodies” means—
  • (a) NHS England,
  • (b) integrated care boards,
  • (c) NHS trusts established under section 25, and
  • (d) NHS foundation trusts.

Duties in relation to climate change etc

63B
  • (1) An NHS foundation trust must, in the exercise of its functions, have regard to the need to—
  • (a) contribute towards compliance with—
  • (i) section 1 of the Climate Change Act 2008 (UK net zero emissions target), and
  • (ii) section 5 of the Environment Act 2021 (environmental targets), and
  • (b) adapt to any current or predicted impacts of climate change identified in the most recent report under section 56 of the Climate Change Act 2008.
  • (2) In discharging the duty under this section, NHS foundation trusts must have regard to guidance published by NHS England under section 13ND.

Orders and regulations under this Chapter

Interpretation of this Chapter

Application

Care Quality Commission report on safety and quality of services

65BA
  • (1) This section applies where the Care Quality Commission require NHS England to make an order under section 65B(1) in relation to an NHS trust.
  • (2) The Care Quality Commission must, as soon as reasonably practicable after the making of the order, provide to NHS England and the Secretary of State a report on the safety and quality of the services that the trust provides under this Act.

Suspension of directors

NHS foundation trusts: appointment of trust special administrator

Objective of trust special administration

NHS foundation trusts: de-authorisation and appointment of trust special administrator

Draft report

Consultation plan

Consultation requirements

Final report

Power to extend time

Decision of NHS England or Secretary of State in case of NHS trust

NHS England’s decision in case of NHS foundation trust

Secretary of State's response to NHS England’s decision

Action following Secretary of State's rejection of final report

Secretary of State's response to re-submitted final report

Trusts coming out of administration

Trusts to be dissolved

Replacement of trust special administrator

Guidance

Interpretation of this Chapter

Appointment of trust special administrator

Displacement of functions

Consolidated accounts

Consolidated accounts for NHS trusts and NHS foundation trusts

65Z4
  • (1) NHS England must, in respect of each financial year, prepare a set of accounts that consolidates the annual accounts of—
  • (a) all NHS trusts established under section 25, and
  • (b) all NHS foundation trusts.
  • (2) The Secretary of State may give NHS England directions as to—
  • (a) the content and form of the consolidated accounts, and
  • (b) the methods and principles to be applied in preparing them.
  • (3) NHS England must, within such period as the Secretary of State may direct, send a copy of the consolidated accounts to—
  • (a) the Secretary of State, and
  • (b) the Comptroller and Auditor General.
  • (4) The accounts must be accompanied by such reports or other information as the Secretary of State may direct.
  • (5) The Comptroller and Auditor General must—
  • (a) examine, certify and report on the consolidated accounts, and
  • (b) send a copy of the report to the Secretary of State and NHS England.
  • (6) NHS England must lay before Parliament a copy of—
  • (a) the consolidated accounts, and
  • (b) the Comptroller and Auditor General’s report on them.

Joint working arrangements and delegation

Joint working and delegation arrangements

65Z5
  • (1) A relevant body may arrange for any functions exercisable by it to be exercised by or jointly with any one or more of the following—
  • (a) a relevant body;
  • (b) a local authority (within the meaning of section 2B);
  • (c) a combined authority.
  • (d) a combined county authority.
  • (2) In this section “relevant body” means—
  • (a) NHS England,
  • (b) an integrated care board,
  • (c) an NHS trust established under section 25,
  • (d) an NHS foundation trust, or
  • (e) such other body as may be prescribed.
  • (3) Regulations may—
  • (a) provide that the power in subsection (1) does not apply, or applies only to a prescribed extent, in relation to prescribed functions;
  • (b) impose conditions on the exercise of the power.
  • (4) Arrangements under this section may be made on such terms as may be agreed between the parties, including—
  • (a) terms as to payment;
  • (b) terms prohibiting or restricting a body from making delegation arrangements in relation to a function that is exercisable by it by virtue of arrangements under this section.
  • (5) In subsection (4)(b)delegation arrangements” means arrangements made by a body for the exercise of a function by someone else.
  • (6) Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by a body of any function by virtue of this section are enforceable by or against that body (and no other person).

Joint committees and pooled funds

65Z6
  • (1) This section applies where a function is exercisable jointly (by virtue of section 65Z5 or otherwise) by a relevant body and any one or more of the following—
  • (a) a relevant body;
  • (b) a local authority (within the meaning of section 2B);
  • (c) a combined authority;
  • (d) a combined county authority.
  • (2) The bodies by whom the function is exercisable jointly may—
  • (a) arrange for the function to be exercised by a joint committee of theirs;
  • (b) arrange for one or more of the bodies, or a joint committee of the bodies, to establish and maintain a pooled fund.
  • (3) A pooled fund is a fund—
  • (a) which is made up of payments received in accordance with the arrangements from relevant bodies that are party to the arrangements, and
  • (b) out of which payments may be made in accordance with the arrangements towards expenditure incurred in the exercise of functions in relation to which the arrangements are made.
  • (4) Arrangements under this section may be made on such terms as may be agreed between the parties, including terms as to payment.
  • (5) In this section “relevant body” has the meaning given by section 65Z5(2).

Joint working and delegation: guidance by NHS England

65Z7
  • (1) NHS England may publish guidance for relevant bodies about the exercise of their powers under sections 65Z5 and 65Z6.
  • (2) A relevant body must have regard to any guidance published under this section.
  • (3) In this section “relevant body” has the meaning given by section 65Z5(2).

Intervention orders

Protection from personal liability

Transfer schemes

Transfer schemes: NHS trusts and NHS foundation trusts

69A
  • (1) NHS England may make one or more schemes for the transfer of property, rights and liabilities from a relevant NHS body to another relevant NHS body on an application made to it under this section.
  • (2) The application must—
  • (a) be made jointly by the relevant NHS bodies, and
  • (b) state the property, rights or liabilities to be transferred.
  • (3) NHS England may grant an application under this section only if it is satisfied that such steps as are necessary to prepare for the transfer have been taken.
  • (4) The things that may be transferred under a transfer scheme include—
  • (a) property, rights and liabilities that could not otherwise be transferred;
  • (b) property acquired, and rights and liabilities arising, after the making of the scheme;
  • (c) criminal liabilities.
  • (5) A transfer scheme may—
  • (a) create rights, or impose liabilities, in relation to property or rights transferred;
  • (b) make provision about the continuing effect of things done by the transferor in respect of anything transferred;
  • (c) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred;
  • (d) make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee;
  • (e) make provision for the shared ownership or use of property;
  • (f) make provision which is the same as or similar to the TUPE regulations;
  • (g) make other consequential, supplementary, incidental or transitional provision.
  • (6) A transfer scheme may provide—
  • (a) for modifications by agreement;
  • (b) for modifications to have effect from the date when the original scheme came into effect.
  • (7) In this section—
  • (a) references to rights and liabilities include rights and liabilities relating to a contract of employment;
  • (b) references to the transfer of property include the grant of a lease.
  • (8) In this section—
  • relevant NHS body” means—an NHS trust established under section 25;an NHS foundation trust;
  • the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).

Transfer of residual liabilities of certain health service bodies

Schemes for meeting losses and liabilities etc of certain health service bodies

Co-operation between NHS bodies

NHS trusts and foundation trusts: exemption from merger legislation

Exemption from Part 3 of the Enterprise Act 2002

72A
  • (1) For the purposes of Part 3 of the Enterprise Act 2002 (mergers), a relevant merger situation is not to be treated as having been created where two or more relevant NHS enterprises cease to be distinct enterprises.
  • (2) But subsection (1) does not apply to a case where two or more relevant NHS enterprises and one or more enterprises that are not relevant NHS enterprises cease to be distinct enterprises.
  • (3) In this section “relevant NHS enterprise” means the activities, or part of the activities, of—
  • (a) an NHS trust established under section 25;
  • (b) an NHS foundation trust.

Directions and regulations under this Part

Appointment of directors of public health

Exercise of public health functions of local authorities: further provision

Complaints about exercise of public health functions by local authorities

Supply of goods and services by local authorities

Arrangements between NHS bodies and local authorities

Power of local authorities to make payments

Care Trusts

Directed partnership arrangements

Further provision about directions and directed partnership arrangements

Supply of goods and services by the Secretary of State , NHS England and integrated care boards

Conditions of supply under section 80

Co-operation between NHS bodies and local authorities

Primary medical services

General medical services contracts: introductory

Requirement to provide certain primary medical services

Persons eligible to enter into GMS contracts

GMS contracts: payments

GMS contracts: prescription of drugs, etc

GMS contracts: other required terms

GMS contracts: disputes and enforcement

Persons performing primary medical services

Arrangements by NHS England for the provision of primary medical services

Persons with whom agreements may be made under section 92

Regulations about section 92 arrangements

Transfer of liabilities relating to section 92 arrangements

Assistance and support: primary medical services

Local Medical Committees

Use of accommodation: provision of primary medical services

Exercise of functions

Primary dental services

General dental services contracts: introductory

Requirement to provide certain primary dental services

Persons eligible to enter into GDS contracts

GDS contracts: payments

GDS contracts: other required terms

GDS contracts: disputes and enforcement

Persons performing primary dental services

Arrangements by NHS England for the provision of primary dental services

Persons with whom agreements may be made under section 107

Regulations about section 107 arrangements

Transfer of liabilities relating to section 107 arrangements

Dental public health

Assistance and support: primary dental services

Local Dental Committees

Use of accommodation: provision of primary dental services

Exercise of functions

Primary ophthalmic services

Regulations under section 115: supplementary

General ophthalmic services contracts: introductory

Persons eligible to enter into GOS contracts

Exclusion of contractors

GOS contracts: payments

GOS contracts: other required terms

GOS contracts: disputes and enforcement

Persons performing primary ophthalmic services

Assistance and support: primary ophthalmic services

Local Optical Committees

Exercise of functions

Arrangements for pharmaceutical services

Arrangements for additional pharmaceutical services

Terms and conditions, etc

Pharmaceutical needs assessments

Regulations as to pharmaceutical services

Regulations under section 129: appeals, etc

Power to charge

Persons authorised to provide pharmaceutical services

Inadequate provision of pharmaceutical services

Pilot schemes

Making pilot schemes

Designation of priority neighbourhoods or premises

Reviews of pilot schemes

Variation and termination of pilot schemes

NHS contracts and the provision of piloted services

Funding of preparatory work

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