National Health Service Act 2006
- (iv) Northern Ireland health service products.
- (5) Regulations under this section must require the Secretary of State to give a UK producer an information notice if information is required in respect of the costs incurred by the producer in connection with the manufacturing, distribution or supply of a particular UK health service product (other than costs which relate to any transaction between the producer and a UK producer for that product).
- (6) An information notice is a notice stating—
- (a) the period in relation to or for which, or intervals at which, information is required to be provided,
- (b) the form and manner in which information is required to be provided,
- (c) the time at which or period within which information is required to be provided, and
- (d) that a right of appeal is conferred by virtue of section 265(5A).
- (7) Regulations under this section may require information which does not fall within subsection (5) to be provided—
- (a) in relation to or for a prescribed period or at prescribed intervals,
- (b) in a prescribed form and manner, and
- (c) at a prescribed time or within a prescribed period.
- (8) The provision of information by virtue of this section does not breach—
- (a) any obligation of confidence owed by the person providing it, or
- (b) any other restriction on the provision of information (however imposed).
- (9) Regulations under this section may not do any of the following—
- (a) require any person who provides primary medical services under Part 4 of the National Health Service (Wales) Act 2006, or any person who provides pharmaceutical services under Part 7 of that Act, to record, keep or provide information relating to any Welsh health service products which are supplied by the person in providing the services in question;
- (b) require any person who provides primary medical services under section 2C(1) of the 1978 Act, or any person who provides pharmaceutical care services under section 2CA(1) of that Act, to record, keep or provide information relating to any Scottish health service products which are supplied by the person in providing the services in question;
- (c) require any person who provides primary medical services or pharmaceutical services under Part 2 or 6 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)) to record, keep or provide information relating to Northern Ireland health service products which are supplied by the person in providing the services in question.
- (10) “English health service products” means any medicinal products used to any extent for the purposes of the health service continued under section 1(1) and any other medical supplies, or other related products, required for the purposes of that health service.
- (11) “Medical supplies” is to be read in accordance with section 260(5).
- (12) “Northern Ireland health service products” means any medicinal products used to any extent for the purposes of health care provided by virtue of the Health and Social Care (Reform) Act (Northern Ireland) 2009 and any other medical supplies, or other related products, required for the purposes of health care provided by virtue of that Act.
- (13) “Scottish health service products” means any medicinal products used to any extent for the purposes of the health service within the meaning of the 1978 Act and any other medical supplies, or other related products, required for the purposes of that health service.
- (14) “UK health service products” means any English health service products, Welsh health service products, Scottish health service products or Northern Ireland health service products.
- (15) “Welsh health service products” means any medicinal products used to any extent for the purposes of the health service continued under section 1(1) of the National Health Service (Wales) Act 2006 and any other medical supplies, or other related products, required for the purposes of that health service.
- (16) Until the coming into force of the repeal of section 27 of the 1978 Act by schedule 3 to the Smoking, Health and Social Care (Scotland) Act 2005 the references in subsections (3)(h) and (9)(b) to pharmaceutical care services under section 2CA(1) of the 1978 Act are to be read as references to pharmaceutical services under section 27(1) of that Act.
264B
- (1) Information provided by virtue of section 264A may be disclosed by the Secretary of State to any of the following persons—
- (a) NHS England;
- (b) any Special Health Authority;
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) any government department;
- (e) the Welsh Ministers;
- (f) the Scottish Ministers;
- (g) the Common Services Agency for the Scottish Health Service constituted under section 10 of the 1978 Act;
- (h) a Northern Ireland department;
- (i) the Regional Business Services Organisation established under section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009;
- (j) any person who provides services to any person falling within any of paragraphs (a) to (i);
- (k) any prescribed body appearing to the Secretary of State to represent UK producers;
- (l) such of the following as may be prescribed—
- (i) an NHS foundation trust;
- (ii) any health service body within the meaning of section 9(4) (not falling within any of paragraphs (a) to (k) above).
- (2) A person to whom any confidential or commercially sensitive information is disclosed under subsection (1) may not—
- (a) use the information for any purpose other than the purpose specified in relation to that person in subsection (3), or
- (b) disclose the information to another person (subject to subsection (4)).
- (3) For the purposes of subsection (2)—
- (a) in relation to a person falling within subsection (1)(a) or (b), the purpose is that of exercising functions connected with any of the matters specified in section 264A(3)(a) to (c), (l) or (m);
- (b) in relation to a person falling within subsection (1)(d), the purpose is that of—
- (i) exercising functions connected with any of the matters specified in section 264A(3)(a) to (c), (l) or (m), or
- (ii) preventing, detecting or investigating any unlawful activities;
- (c) in relation to a person falling within subsection (1)(e), the purpose is that of exercising functions connected with any of the matters specified in section 264A(3)(d) to (f), (l) or (m);
- (d) in relation to a person falling within subsection (1)(f) or (g), the purpose is that of exercising functions connected with any of the matters specified in section 264A(3)(g) to (i), (l) or (m);
- (e) in relation to a person falling within subsection (1)(h) or (i), the purpose is that of exercising functions connected with any of the matters specified in section 264A(3)(j) to (m);
- (f) in relation to a person falling within subsection (1)(j), the purpose is that of providing services in connection with any purpose specified in relation to the person for whom the services are provided in any of paragraphs (a) to (e) above;
- (g) in relation to a person falling within subsection (1)(k) or (l), the purpose is any prescribed purpose connected with any of the matters specified in section 264A(3).
- (4) The Welsh Ministers may disclose any confidential or commercially sensitive information disclosed to them under subsection (1) to any of the following persons—
- (a) a Local Health Board or other person appointed under section 88(3)(b) of the National Health Service (Wales) Act 2006 to exercise the functions of a determining authority under Part 7 of that Act;
- (b) a National Health Service trust established under section 18 of the National Health Service (Wales) Act 2006;
- (c) any person who provides services to the Welsh Ministers or to any person falling within paragraph (a) or (b).
- (5) A person to whom any confidential or commercially sensitive information is disclosed under subsection (4) may not—
- (a) use the information for any purpose other than the purpose of exercising functions connected with any of the matters specified in section 264A(3)(d) to (f), (l) or (m), or
- (b) disclose the information to another person.
264C
- (1) Before making regulations under section 264A or 264B the Secretary of State must consult any body which appears to the Secretary of State appropriate to represent UK producers.
- (2) Nothing in section 264A or 264B requires information to be provided, or authorises information to be disclosed or used, in contravention of the data protection legislation.
- (3) Nothing in section 264A or 264B affects any duties, obligations or powers to require or authorise information to be provided, disclosed or used which exist apart from that section.
- (4) In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
Duty as to reducing inequalities
Duty as to promoting autonomy
Duty as to research
Duty as to education and training
Secretary of State's duty as to reporting on and reviewing treatment of providers
Secretary of State’s duty to report on workforce systems
1GA
- (1) The Secretary of State must, at least once every five years, publish a report describing the system in place for assessing and meeting the workforce needs of the health service in England.
- (2) NHS England ...must assist in the preparation of a report under this section, if requested to do so by the Secretary of State.
NHS England and its general functions
Acquisition, use and maintenance of property
Establishment of Patients' Forums
Secretary of State's duty as to protection of public health
Functions of local authorities and Secretary of State as to improvement of public health
Duties of integrated care boards as to commissioning certain health services
Power of integrated care boards to commission certain health services
Secretary of State's power to require NHS England to commission services
High security psychiatric services
Other services
Performance of functions outside England
Prior authorisation for the purposes of section 6A
Reimbursement of cost of services provided in another EEA state where expenditure incurred on or after 25 October 2013.
Prior authorisation for the purposes of section 6BA
Regulations as to the exercise by local authorities of certain public health functions
Regulations relating to EU obligations
Regulations as to the exercise of functions by NHS England or integrated care boards
Functions of Special Health Authorities
Exercise of Secretary of State’s public health functions
Directions requiring NHS bodies to exercise public health functions
7B
- (1) The Secretary of State may by direction provide for any of the public health functions of the Secretary of State to be exercised by one or more relevant bodies.
- (2) In this section “relevant body” means—
- (a) NHS England, or
- (b) an integrated care board.
- (3) A direction under subsection (1) may include provision prohibiting or restricting the relevant body from making delegation arrangements in relation to a function that is exercisable by it by virtue of the direction.
- (4) In subsection (3) “delegation arrangements” means arrangements made by a person for the exercise of a function by someone else.
- (5) The Secretary of State may make payments to a relevant body in respect of the exercise by it of a function by virtue of a direction under subsection (1).
- (6) The Secretary of State may give directions to an integrated care board as to the exercise by it of any functions by virtue of this section.
- (7) For power to give directions to NHS England as to the exercise of functions, see section 13ZC.
- (8) As soon as reasonably practicable after giving a direction under subsection (1) or (6), the Secretary of State must publish it.
- (9) Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by a relevant body of any function by virtue of this section are enforceable by or against it (and no other person).
- (10) The reference in subsection (1) to the public health functions of the Secretary of State includes any functions of the Secretary of State exercisable in connection with those functions (including the powers conferred by section 12).
Power of direction: investigation functions
7C
- (1) The Secretary of State may direct—
- (a) NHS England, or
- (b) any other public body,
to exercise any of the investigation functions which are specified in the direction.
- (2) A direction under subsection (1) may include provision prohibiting or restricting the body directed from making delegation arrangements in relation to a function that is exercisable by it by virtue of the direction.
- (3) In subsection (2) “delegation arrangements” means arrangements made by a person for the exercise of a function by someone else.
- (4) The Secretary of State may make payments to NHS England or any other body in respect of the exercise by it of a function by virtue of a direction under subsection (1).
- (5) The Secretary of State may give directions to any body on whom functions are conferred by virtue of subsection (1)(b) as to the exercise of those functions.
- (6) For power to give directions to NHS England as to the exercise of functions, see section 13ZC.
- (7) As soon as reasonably practicable after giving a direction under subsection (1) or (5), the Secretary of State must publish it.
- (8) Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by NHS England or any other body of any function by virtue of this section are enforceable by or against it (and no other person).
- (9) In this section “the investigation functions” are functions which, immediately before the coming into force of section 36 of the Health and Care Act 2022, were exercised by the Special Health Authority called the National Health Service Trust Development Authority pursuant to—
- (a) the National Health Service Trust Development Authority (Healthcare Safety Investigation Branch) Directions 2016 made under sections 7 and 8 of the National Health Service Act 2006, or
- (b) the National Health Service Trust Development Authority (Healthcare Safety Investigation Branch) (Additional Investigatory Functions in respect of Maternity Cases) Directions 2018 made under sections 7 and 8 of the National Health Service Act 2006.
Transfer schemes in connection with a direction under section 7C
7D
- (1) The Secretary of State may, in connection with a direction under section 7C, make one or more transfer schemes.
- (2) A “transfer scheme” is a scheme for the transfer to NHS England or any other public body of any property, rights or liabilities relating to the discharge of functions pursuant to any directions made by the Secretary of State under the power conferred by section 7C.
- (3) 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.
- (4) 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, or 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.
- (5) 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.
- (6) In subsection (4)(f), “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).
- (7) For the purposes of 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.
- (a) an individual who holds employment in the civil service of the State is to be treated as employed by virtue of a contract of employment, and
- (b) the terms of the individual’s employment in the civil service are to be regarded as constituting the terms of the contract of employment.
Transfer schemes under section 7D: taxation
7E
- (1) The Treasury may by regulations make provision varying the way in which a relevant tax has effect in relation to—
- (a) anything transferred under a scheme under section 7D, or
- (b) anything done for the purposes of, or in relation to, a transfer under such a scheme.
- (2) The provision which may be made under subsection (1)(a) includes in particular provision for—
- (a) a tax provision not to apply, or to apply with modifications, in relation to anything transferred;
- (b) anything transferred to be treated in a specified way for the purposes of a tax provision;
- (c) the Secretary of State to be required or permitted to determine, or specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything transferred.
- (3) The provision which may be made under subsection (1)(b) includes in particular provision for—
- (a) a tax provision not to apply, or to apply with modifications, in relation to anything done for the purposes of or in relation to the transfer;
- (b) anything done for the purposes of, or in relation to, the transfer to have or not have a specified consequence or be treated in a specified way;
- (c) the Secretary of State to be required or permitted to determine, or specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything done for the purposes of, or in relation to, the transfer.
- (4) In this section references to the transfer of property include the grant of a lease.
- (5) In this section—
- “relevant tax” means income tax, corporation tax, capital gains tax, value added tax, stamp duty or stamp duty reserve tax;
- “tax provision” means a provision of an enactment about a relevant tax.
Secretary of State's directions to certain health service bodies
NHS contracts
Provision for bodies in Northern Ireland
Provision for bodies in Scotland
Arrangements to be treated as NHS contracts
Secretary of State's arrangements with other bodies
Commissioning arrangements by NHS England or integrated care boards
Eradicating slavery and human trafficking in supply chains
12ZC
- (1) The Secretary of State must by regulations make such provision as the Secretary of State thinks appropriate with a view to eradicating the use in the health service in England of goods or services that are tainted by slavery and human trafficking.
- (2) The regulations may, in particular, include—
- (a) provision in connection with the processes to be followed by public bodies in the procurement of goods or services for the purposes of the health service in England (including provision as to circumstances in which a supplier is excluded from consideration for the award of a contract);
- (b) provision as to steps that must be taken by public bodies for assessing and addressing the risk of slavery and human trafficking taking place in relation to people involved in health service supply chains;
- (c) provision as to matters for which provision must be made in contracts for goods or services entered into by public bodies for the purposes of the health service in England.
- (3) In this section—
- “health service supply chains” means supply chains for providing goods or services for the purposes of the health service in England;
- “public body” means a body exercising functions of a public nature;
- “slavery and human trafficking” has the meaning given by section 54(12) of the Modern Slavery Act 2015;
- “tainted”: goods or services are “tainted” by slavery and human trafficking if slavery and human trafficking takes place in relation to anyone involved in the supply chain for providing those goods or services.
Direct payments for health care
Regulations about direct payments
Direct payments pilot schemes
Arrangements with other bodies relating to direct payments
Secretary of State's duty as respects variation in provision of health services
Expected mental health spending
12F
- (1) The Secretary of State must, in respect of each financial year, publish and lay before Parliament a document—
- (a) stating, by comparison with the previous financial year—
- (i) whether the Secretary of State expects there to be an increase in the amount of expenditure incurred by NHS England and integrated care boards (taken together) in relation to mental health, and
- (ii) whether the Secretary of State expects there to be an increase in the proportion of the expenditure incurred by NHS England and integrated care boards (taken together) that relates to mental health, and
- (b) explaining why.
- (2) The Secretary of State must publish and lay the document before the financial year to which it relates.
Mandate to NHS England
Review of NHS England’s performance in implementing the mandate
Duty to promote NHS Constitution
Duty as to effectiveness, efficiency etc.
Duty as to improvement in quality of services
Duty as to promoting autonomy
Duty 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
Duty to have regard to wider effect of decisions
13NA
- (1) In making a decision about the exercise of its functions, NHS England 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 England must have regard to guidance published by it 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.
Guidance about discharge of duty
13NB
- (1) NHS England may publish guidance about the discharge of—
- (a) the duty imposed on it by section 13NA;
- (b) the duty imposed on integrated care boards by section 14Z43;
- (c) the duty imposed on NHS trusts by section 26A;
- (d) the duty imposed on NHS foundation trusts by section 63A.
- (2) NHS England must consult any persons NHS England considers it appropriate to consult—
- (a) before first publishing guidance under this section, and
- (b) before publishing any revised guidance containing changes that are, in the opinion of NHS England, significant.
Duties as to climate change etc
13NC
- (1) NHS England 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 England must have regard to guidance published by it under section 13ND.
Guidance about discharge of duty under section 13NC etc
13ND
NHS England may publish guidance about the discharge of—
- (a) the duty imposed on it by section 13NC;
- (b) the duty imposed on integrated care boards by section 14Z44;
- (c) the duty imposed on NHS trusts by section 26B;
- (d) the duty imposed on NHS foundation trusts by section 63B.
Duty to have regard to impact on services in certain areas
Duty as respects variation in provision of health services
Public involvement and consultation by NHS England
Information on safety of services provided by the health service
Guidance in relation to processing of information
Information about inequalities
13SA
- (1) NHS England must publish a statement setting out—
- (a) a description of the powers available to relevant NHS bodies to collect, analyse and publish information relating to—
- (i) inequalities between persons with respect to their ability to access health services;
- (ii) inequalities between persons with respect to the outcomes achieved for them by the provision of health services (including the outcomes described in section 13E(3)); and
- (b) the views of NHS England about how those powers should be exercised in connection with such information.
- (2) NHS England may from time to time publish a revised statement under subsection (1).
- (3) In this section “relevant NHS bodies” means—
- (a) integrated care boards,
- (b) NHS trusts established under section 25, and
- (c) NHS foundation trusts.
Regulatory functions
Minimising conflicts between regulatory and other functions
13SB
- (1) NHS England must make arrangements for—
- (a) minimising the risk of conflicts between the exercise of its regulatory functions and its other functions;
- (b) managing any conflicts that arise.
- (2) In this Act “regulatory functions”, in relation to NHS England, means—
- (a) its functions under the provisions listed in subsection (3),
- (b) its functions under Chapter 5A of Part 2 (trust special administrators) in relation to NHS foundation trusts, except for any functions that are conferred on it under section 65DA, 65F or 65G as a commissioner, and
- (c) any other functions of NHS England so far as exercisable in connection with functions within paragraph (a) or (b).
- (3) Those provisions are—
- (a) in Part 2 of this Act, Chapter 5 (NHS foundation trusts);
- (b) in Part 3 of the Health and Social Care Act 2012—
- (i) Chapter 3 (licensing);
- (ii) Chapter 4 (NHS payment scheme);
- (iii) Chapter 5 (health special administration);
- (iv) Chapter 6 (financial assistance in special administration cases).
Provision of regulatory information or assistance to the CMA
13SC
- (1) NHS England must give the Competition and Markets Authority (“the CMA”)—
- (a) any regulatory information that the CMA may require to enable the CMA to exercise its relevant functions,
- (b) any other regulatory information it considers would assist the CMA in exercising its relevant functions, and
- (c) any other assistance the CMA may require to assist the CMA in exercising its relevant functions.
- (2) In this section—
- “regulatory information” means information held by NHS England in connection with—its regulatory functions falling within section 13SB(2)(a) or (b), orits functions under—sections 6F and Schedule 1ZA (patient choice: enforcement);sections 27A and 27C (NHS trusts: oversight and support and recommendations about restructuring);
- “relevant functions”, in relation to the CMA, means its functions under the Competition Act 1998 and the Enterprise Act 2002 so far as those functions are exercisable on behalf of the CMA by the CMA Board or a CMA group (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013).
Business plan
Annual report
Joint appointments
Guidance about joint appointments
13UA
- (1) NHS England may publish guidance for a relevant NHS body about the making of a joint appointment to which this section applies.
- (2) A joint appointment to which this section applies is an appointment of a person to a position in—
- (a) one or more relevant NHS commissioner and one or more relevant NHS provider,
- (b) one or more relevant NHS body and one or more local authority, ...
- (c) one or more relevant NHS body and one or more combined authority, or
- (d) one or more relevant NHS body and one or more combined county authority.
- (3) A relevant NHS body must have regard to guidance published under this section.
- (4) NHS England must consult such persons as NHS England considers appropriate—
- (a) before it first publishes guidance under this section, and
- (b) before it publishes any revised guidance containing changes that are, in the opinion of NHS England, significant.
- (5) In this section—
- “local authority” has the same meaning as in section 2B;
- “relevant NHS body” means—a relevant NHS commissioner;a relevant NHS provider;
- “relevant NHS commissioner” means—NHS England;an integrated care board;
- “relevant NHS provider” means—an NHS trust established under section 25;an NHS foundation trust.
Establishment of pooled funds
NHS England’s power to generate income, etc.
Power to make grants etc.
NHS England’s incidental powers: further provision
Assistance and support
Power of NHS England to provide assistance and support
13YA
- (1) NHS England may provide assistance or support to—
- (a) any person providing or proposing to provide services as part of the health service;
- (b) any person, not within paragraph (a), exercising functions in relation to the health service.
- (c) any public authority, where the assistance or support is in relation to the education or training of health care workers.
- (1A) In subsection (1), “health care workers” means persons in relation to whom the Secretary of State’s duty under section 1F(1) is to be performed.
- (2) The assistance that may be provided under subsection (1) includes making available the services of NHS England’s employees or any other resources of NHS England.
- (3) The assistance that may be provided under subsection (1)(a) or (c), or that may be provided under subsection (1)(b) to integrated care boards, also includes financial assistance.
- (4) Assistance or support provided under this section may be provided on such terms, including terms as to payment, as NHS England considers appropriate.
- (5) In this section, a reference to a public authority—
- (a) includes a public authority in the Channel Islands or the Isle of Man, but
- (b) subject to that, does not include a reference to a public authority outside the United Kingdom.
Exercise of functions
Section 13Z: further provision in relation to devolved arrangements
Section 13Z: arrangements in relation to the function under section 3B(1)(d)
Powers of direction
Secretary of State directions as to exercise of NHS England functions
13ZC
- (1) The Secretary of State may give NHS England directions as to the exercise of any of its functions.
- (2) The directions that may be given include a direction as to whether a power is to be exercised or not.
- (3) The directions that may be given include a direction as to—
- (a) when or how a function is, or is not, to be exercised;
- (b) conditions that must be met before a function is exercised (for example, conditions relating to the provision of information, consultation or approval);
- (c) matters to be taken into account in exercising a function.
- (5) A direction under subsection (1) must include a statement that the Secretary of State considers the direction to be in the public interest.
- (6) As soon as reasonably practicable after giving a direction under subsection (1), the Secretary of State must publish it.
- (7) The fact that the Secretary of State has a function under any other enactment in relation to NHS England’s exercise of functions is not to be read as limiting the power conferred by subsection (1).
- (8) The reference in subsection (7) to a function of the Secretary of State does not include a function of making subordinate legislation.
Power to give directions: exceptions
13ZD
- (1) A direction under section 13ZC may not be given in relation to a function relating to the appointment or employment of a person.
- (2) A direction under section 13ZC may not be given in relation 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.
- (3) A direction under section 13ZC may not be given in relation to the provision of any drug, medicine or other treatment, or the use of any diagnostic technique, unless NICE has made a recommendation or issued guidance as to its clinical and cost effectiveness and the direction is not inconsistent with that recommendation or guidance.
Compliance with directions: significant failure
13ZE
- (1) This section applies where—
- (a) NHS England is given a direction under section 13ZC,
- (b) the direction —
- (i) states that the Secretary of State considers that NHS England is failing or has failed to discharge any of its functions, and
- (ii) states that the Secretary of State considers that the failure is significant and explains why,
- (c) the direction states that it is given for the purposes of addressing that failure, and
- (d) NHS England fails to comply with the direction.
- (2) The Secretary of State may—
- (a) discharge the functions to which the direction relates, or
- (b) make arrangements for any other person to discharge them on the Secretary of State’s behalf.
- (3) Where the Secretary of State exercises the power under subsection (2), the Secretary of State must publish the reasons for doing so.
- (4) For the purpose 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 the Secretary of State considers to be the interests of the health service.
Secretary of State directions to provide information
13ZF
- (1) The Secretary of State may direct NHS England to provide the Secretary of State with any documents or other information that may be specified in the direction.
- (2) The directions that may be given include a direction to provide documents or other information that NHS England would need to obtain from others in the exercise of some other power.
- (3) The directions may include provision as to—
- (a) the form or manner in which the documents or information must be provided;
- (b) the time at which or period within which the documents or information must be provided.
Power to confer additional functions on NHS England
Failure by the Board to discharge any of its functions
Permitted disclosures of information
Interpretation
General duties of Board in relation to clinical commissioning groups
Applications for the establishment of clinical commissioning groups
Determination of applications
Effect of grant of application
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—
- (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
Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.
This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence.
legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.