Legalize / United Kingdom / Public General Act

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

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(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

(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

(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

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),

(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

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),

(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

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,

(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);

(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

(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

(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,

(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);

(d) a combined county authority.

(2) In this section “relevant body” means—

(a) NHS England,

(b) an integrated care board,

(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);

(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;

(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

Application of this Act

Premises from which piloted services may be provided

Control of entry regulations

Local pharmaceutical services schemes

Application of enactments

Persons performing local pharmaceutical services

Assistance and support: local pharmaceutical services

Performers of pharmaceutical services and assistants

Further provision about regulations under section 147A

Conditional inclusion in pharmaceutical lists

Supplementary lists

Further provision about regulations under section 149

Notices and penalties

Disqualification of practitioners

Contingent removal

Fraud and unsuitability cases: supplementary

Suspension

Suspension pending appeal

Effect of suspension

Review of decisions

Appeals

National disqualification

Notification of decisions

Withdrawal from lists

Regulations about decisions under this Chapter

Corresponding provisions in Scotland and Northern Ireland

Remuneration for persons providing pharmaceutical services

Section 164: supplementary

Pharmaceutical remuneration: further provision

Indemnity cover

Local Pharmaceutical Committees

Use of accommodation: provision of pharmaceutical services and local pharmaceutical services

Exercise of functions

Appeals to the First-tier Tribunal

FHSAA: financial provisions

Conditions of use of services of persons under section 169

Charges for drugs, medicines or appliances, or pharmaceutical services

Exemptions from general charging

Pre-payment certificates

Charges in respect of non-residents

Dental charging

Exemptions from dental charging

Charges, recovery of payments and penalties

Charges for optical appliances

Payments in respect of costs of optical appliances and sight tests

Section 180: supplementary

Remission and repayment of charges

Payment of travelling expenses

Sections 182 and 183: supplementary

Charges for more expensive supplies

Charges for repairs and replacements in certain cases

Charges in respect of public health functions

Charges for designated services or facilities

Sums otherwise payable to those providing services

Hospital accommodation on part payment

Expenses payable by employed patients

Recovery of charges

Recovery of charges and payments in relation to goods and services

Penalties relating to charges

Offences relating to charges

Compulsory disclosure of documents

Persons and bodies about which provision is made by this Part

Notice requiring production of documents

Production of documents

Delegation of functions

Code of practice relating to delegated functions

Disclosure of information

Protection of personal information disclosed for purposes of proceedings

Manner in which disclosure notice may be served

Offences in connection with production of documents

Offences relating to disclosure or use of information

Offences by bodies corporate etc

Offences committed by partnerships and other unincorporated associations

Penalties for offences under this Part: transitional modification

Orders and regulations under this Part

Interpretation of this Part

Acquisition, use and maintenance of property

Special trustees for a university hospital or teaching hospital

Transfers of trust property

Transfer of functions and property to or from Welsh special trustees

Trustees and property under section 222

Application of trust property: further provisions

Trusts: supplementary provisions

Private trusts for hospitals

Transferred property free of trusts

Trust property previously held for general hospital purposes

Voluntary hospitals

Power to raise money

Public-private partnerships

Application of section 223 to integrated care boards

Funding of NHS England

Financial duties of NHS England: expenditure

NHS England: banking facilities

223CA

The Secretary of State may by direction require NHS England to use banking facilities specified in the direction for any purposes so specified.

Financial duties of NHS England: controls on total resource use

Financial duties of NHS England: additional controls on resource use

Means of meeting expenditure of integrated care boards out of public funds

Expenditure on integration

Power to impose financial requirements on integrated care boards

223GB

(1) NHS England may give integrated care boards directions about their management or use of financial or other resources.

(2) The directions that may be given include a direction imposing limits on expenditure or resource use by integrated care boards.

(3) NHS England must publish any directions under this section.

Financial duties of integrated care boards: expenditure limits

223GC

(1) An integrated care board must exercise its functions with a view to ensuring that expenditure incurred by the board in a financial year does not exceed the sums received by it in that year.

(2) NHS England may by direction—

(a) specify descriptions of expenditure that are, or are not, to be treated for the purposes of this section as expenditure incurred by an integrated care board, or expenditure incurred by it in a particular financial year;

(b) specify descriptions of sums that are, or are not, to be treated for the purposes of this section as having been received by an integrated care board, or as having been received by it in a particular financial year;

(c) provide for sums received by an integrated care board under section 223G in a year but not spent to be treated for the purposes of this section as expenditure incurred by it in a particular financial year.

(3) For the purposes of this section any sum allotted to an integrated care board for a year under section 223G is to be treated as received by it in that year (subject to any direction under subsection (2)(b)).

Integrated care boards: banking facilities

223GD

The Secretary of State may give integrated care boards directions requiring them to use specified banking facilities for any specified purposes.

Financial duties of clinical commissioning groups: expenditure

Financial duties of clinical commissioning groups: use of resources

Financial duties of clinical commissioning groups: additional controls on resource use

Payments in respect of quality

Joint duties of an integrated care board and its partner NHS trusts and NHS foundation trusts

Joint financial objectives for integrated care boards etc

223L

(1) NHS England may set joint financial objectives for integrated care boards and their partner NHS trusts and NHS foundation trusts.

(2) An integrated care board and its partner NHS trusts and NHS foundation trusts must seek to achieve any financial objectives set under this section.

(3) Financial objectives under this section may apply to—

(a) integrated care boards and their partner NHS trusts and NHS foundation trusts generally,

(b) a particular integrated care board and its partner NHS trusts and NHS foundation trusts, or

Financial duties of integrated care boards etc: use of resources

223M

(1) Each integrated care board and its partner NHS trusts and NHS foundation trusts must exercise their functions with a view to ensuring that, in respect of each financial year—

(a) local capital resource use does not exceed the limit specified in a direction by NHS England;

(b) local revenue resource use does not exceed the limit specified in a direction by NHS England.

(2) In this section “local capital resource use” and “local revenue resource use” means the use of capital resources or (as the case may be) revenue resources by the integrated care board and its partner NHS trusts and NHS foundation trusts, other than use that consists of the transfer of resources between those bodies.

(3) Where an NHS trust or NHS foundation trust is the partner of more than one integrated care board, its use of capital resources or revenue resources is to be apportioned for the purposes of this section to one or more of the integrated care boards in such manner as may be provided for in a direction by NHS England.

(4) NHS England may by direction make provision for determining to which integrated care board, NHS trust or NHS foundation trust a use of capital resources or revenue resources is to be attributed for the purposes of this section.

Financial duties of integrated care boards etc: additional controls on resource use

223N

(1) NHS England may direct an integrated care board and its partner NHS trusts and NHS foundation trusts to exercise their functions with a view to—

(a) ensuring that local capital resource use in a financial year which is attributable to matters specified in the direction does not exceed an amount so specified;

(b) ensuring that local revenue resource use in a financial year which is attributable to matters specified in the direction does not exceed an amount so specified.

(2) A direction under subsection (1) may—

(a) specify descriptions of resources which must, or must not, be treated as local capital resources or local revenue resources for the purposes of the direction;

(b) specify uses of local capital resources or local revenue resources which must, or must not, be taken into account for the purposes of the direction.

(3) Any directions given under section 223M (3) or (4) apply for the purposes of this section as they apply for the purposes of section 223M.

(4) In this section “local capital resource use” and “local revenue resource use” have the meaning given by section 223M (2).

Directions about resources etc to be taken into account

Resources etc relevant to section 223D, 223E or 223M

223O

The Secretary of State may give directions, in relation to a financial year—

(a) specifying descriptions of resources which must, or must not, be treated as capital resources or revenue resources for the purposes of section 223D, 223E or 223M;

(b) specifying uses of capital resources or revenue resources which must, or must not, be taken into account for the purposes of section 223D, 223E or 223M.

Means of meeting expenditure of Strategic Health Authorities out of public funds

Means of meeting expenditure of Special Health Authorities out of public funds

Financial duties of ... Special Health Authorities

Resource limits for ... Special Health Authorities

Public funding of Primary Care Trusts

Financial duties of Primary Care Trusts

Resource limits for Primary Care Trusts

Further provision about the expenditure of Primary Care Trusts

Accounts and audit

Special arrangement as to payment of remuneration

Superannuation of officers of certain hospitals

Payments for certain medical examinations

Establishment of Patients' Forums

Additional functions of PCT Patients' Forums

Entry and inspection of premises

Annual reports

Further provision about Patients' Forums

Public involvement and consultation

Directions in cases where Strategic Health Authority arranges involvement

The Commission for Patient and Public Involvement in Health

Review and scrutiny by local authorities

Joint overview and scrutiny committees etc

Business relating to functions of local authorities by virtue of section 244: exempt information

Application to the City of London

Application to certain other local authorities without overview and scrutiny committees

Co-operation in relation to public health functions

Secretary of State's duty to keep health service functions under review

Secretary of State's annual report

Independent advocacy services

Joint working with the prison service

Secretary of State's standing advisory committees

National Information Governance Board: functions

National Information Governance Board: Wales

National Information Governance Board: further provisions.

National Information Governance Board: annual reports

Control of patient information

Consultation with the Care Quality Commission

Role of NHS England and integrated care boards in respect of emergencies

Emergency powers

Supplies not readily obtainable

Power of NHS England or an integrated care board to make payments towards expenditure on community services

Payments in respect of voluntary organisations under section 256

University clinical teaching and research

Sale of medical practices

Control of maximum price of medical supplies other than health service medicines

Powers relating to voluntary schemes

Power to control prices

Statutory schemes

Statutory schemes: supplementary

Provision of information about health service products

Disclosure of information

Sections 264A and 264B: supplementary

Enforcement

Controls: supplementary

Permission for use of facilities in private practice

Persons displaced by health service development

Special notices of births and deaths

Provision of information by Registrar General

Territorial limit of exercise of functions

Services to be treated as services of the Crown for certain purposes

Orders, regulations, rules and directions

Further provision about orders and directions under this Act

Supplementary regulatory powers

Interpretation

References to functions: delegation etc

275A

(1) A reference in this Act to the functions of a person includes functions of others that are exercisable by the person by virtue of any provision of any enactment (unless the context otherwise requires).

(2) Regulations may create exceptions to subsection (1).

Index of defined expressions

Commencement

Short title, extent and application

Status

Membership

The chief executive and other executive members: appointment and status

3

(1) The chief executive and the other executive members of NHS England are to be appointed by the non-executive members.

(2) A person may not be appointed as chief executive without the consent of the Secretary of State.

(3) The chief executive and the other executive members are to be employees of NHS England.

(4) The first chief executive of NHS England is to be appointed by the Secretary of State.

Non-executive members: tenure

Suspension of non-executive members

Payment of non-executive members

Staff

9A

(1) NHS England may make arrangements for a person to be seconded to NHS England to serve as a member of NHS England’s staff.

(2) A period of secondment to NHS England does not affect the continuity of a person’s employment with the employer from whose service the person is seconded.

(3) In paragraphs 9, 10, and 13 a reference to an employee of NHS England includes a person seconded to NHS England.

(4) In paragraph 3(3) the reference to an employee of NHS England includes any of the following seconded to NHS England—

(a) a person employed in the civil service of the State, or

(b) a person employed by—

(i) an integrated care board,

(ii) an NHS trust established under section 25,

(iii) an NHS foundation trust,

(iv) a Special Health Authority performing functions only or mainly in respect of England,

(v) the Care Quality Commission,

(vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vii) the Health Services Safety Investigations Body,

(viii) the Human Tissue Authority,

(ix) the Human Fertilisation and Embryology Authority, or

(x) NICE.

(5) The Secretary of State may by regulations amend this paragraph so as to provide that other references in this Act to an employee of NHS England include persons, or persons of a prescribed description, seconded to NHS England.

Committees

Trust funds and trustees

Procedure

Exercise of functions

...

Accounts

Annual accounts

16

(1) NHS England must prepare consolidated annual accounts in respect of each financial year.

(2) The consolidated annual accounts must contain—

(a) NHS England’s annual accounts, and

(b) a consolidation of NHS England’s annual accounts and the annual accounts of each integrated care board.

(3) NHS England must send copies of the consolidated annual accounts to—

(a) the Secretary of State, and

(b) the Comptroller and Auditor General,

within such period after the end of the financial year to which the accounts relate as the Secretary of State may direct.

(4) The Comptroller and Auditor General must—

(a) examine, certify and report on the consolidated annual accounts, and

(b) lay copies of the accounts and the report on them before Parliament.

(5) In this paragraph, “financial year” includes the period which begins with the day on which NHS England is established and ends on the following 31 March.

Interim Accounts

17

(1) The Secretary of State may, with the approval of the Treasury, direct NHS England to prepare accounts in respect of such period or periods as may be specified in the direction (“interim accounts”).

(2) The interim accounts in respect of any period must contain—

(a) NHS England’s accounts in respect of that period, and

(b) a consolidation of NHS England’s accounts in respect of that period and any accounts of integrated care boards in respect of that period which are prepared by virtue of paragraph 22(3) of Schedule 1B.

(3) NHS England must send copies of any interim accounts to—

(a) the Secretary of State, and

(b) if the Secretary of State so directs, the Comptroller and Auditor General,

within such period as the Secretary of State may direct.

(4) The Comptroller and Auditor General must—

(a) examine, certify and report on any interim accounts sent by virtue of sub-paragraph (3)(b),

(b) if the Secretary of State so directs, send a copy of the report on the accounts to the Secretary of State, and

Seal and evidence

SCHEDULE 1B

PART 1 — Constitution of integrated care boards

Introduction

1

An integrated care board must have a constitution.

Name and area

2

The constitution must specify—

(a) the name of the integrated care board, and

(b) the area for which it is established.

Membership: general

3

(1) The constitution must provide for the integrated care board to consist of—

(a) a chair (see paragraphs 5 and 6),

(b) a chief executive (see paragraph 7), and

(2) In this Part of this Schedule a reference to an “ordinary member” is to a member other than the chair or chief executive.

4

The constitution must prohibit a person from appointing someone as a member (“the candidate”) if they consider that the appointment could reasonably be regarded as undermining the independence of the health service because of the candidate’s involvement with the private healthcare sector or otherwise.

Chair

5

The constitution must provide for the chair to be appointed by NHS England, with the approval of the Secretary of State.

6

The constitution may not confer power to remove the chair from office on any person other than NHS England, and any such power must be expressed to be subject to the approval of the Secretary of State.

Chief executive

7

(1) The constitution must provide for the chief executive to be appointed by the chair, with the approval of NHS England.

(2) The constitution must provide that a person is eligible to become or remain the chief executive only if the person is an employee of the integrated care board.

Ordinary members

8

(1) The constitution must—

(a) specify who is to appoint the ordinary members, and

(b) provide that the appointment of an ordinary member is subject to the approval of the chair.

(2) The constitution must provide for the ordinary members to include—

(a) at least one member nominated jointly by the NHS trusts and NHS foundation trusts that—

(i) provide services for the purposes of the health service within the integrated care board’s area, and

(ii) are of a prescribed description,

(b) at least one member nominated jointly by persons who—

(i) provide primary medical services for the purposes of the health service within the integrated care board’s area, and

(ii) are of a prescribed description,

(c) at least one member nominated jointly by the local authorities whose areas coincide with, or include the whole or any part of, the integrated care board’s area.

(3) The constitution must set out the process for nominating the ordinary members mentioned in sub-paragraph (2).

(4) A person participating in the process for nominating the ordinary members mentioned in sub-paragraph (2) must have regard to any guidance published by NHS England in relation to the selection of candidates.

(5) The descriptions of trusts or other persons that may be prescribed for the purposes of sub-paragraph (2)(a) or (b) may, in particular, be framed by reference to the nature of the services that they provide or the proportion of their services that are provided within the integrated care board’s area.

(6) The chair must exercise the approval function mentioned in sub-paragraph (1)(b) with a view to ensuring that at least one of the ordinary members has knowledge and experience in connection with services relating to the prevention, diagnosis and treatment of mental illness.

(7) In this paragraph “local authority” has the meaning given by section 2B(5).

Further provision in connection with membership

9

The constitution may make further provision in connection with the membership of the integrated care board, including provision about—

(a) how members are to be appointed;

(b) qualification and disqualification for membership;

(c) the tenure of members (including the circumstances in which a member ceases to hold office or may be removed or suspended from office);

(d) eligibility for re-appointment;

(e) terms of appointment (including provision about the remuneration or allowances of the chair and ordinary members);

(f) the validation of proceedings in the event of a vacancy or defect in an appointment.

10

(1) The constitution of an integrated care board must comply with any requirements in connection with membership that are imposed by regulations.

(2) The regulations may impose requirements in connection with any provision that may be included in an integrated care board’s constitution by virtue of paragraphs 3 to 9.

Arrangements for discharging functions

11

(1) The constitution must specify arrangements for the exercise of the integrated care board’s functions (including its functions in determining the terms and conditions of its employees).

(2) The arrangements may include provision—

(a) for the appointment of committees or sub-committees of the integrated care board, and

(b) for any such committees to consist of or include persons other than members or employees of the integrated care board.

(3) The arrangements may include provision for any functions of the integrated care board to be exercised on its behalf by—

(a) any of its members or employees;

(b) a committee or sub-committee of the board.

(4) If the constitution includes provision under this paragraph allowing committees or sub-committees to exercise commissioning functions, the constitution must—

(a) provide for the members of any such committee or sub-committee to be approved or appointed by the chair of the integrated care board, and

(b) prohibit the chair from approving or appointing someone as a member of any such committee or sub-committee (“the candidate”) if the chair considers that the appointment could reasonably be regarded as undermining the independence of the health service because of the candidate’s involvement with the private healthcare sector or otherwise.

(5) In sub-paragraph (4) “commissioning functions” means the functions of an integrated care board in arranging for the provision of services as part of the health service.

12

(1) The constitution must specify the procedure to be followed by the integrated care board in making decisions.

(2) The constitution must also specify the arrangements to be made by the integrated care board for securing that there is transparency about the decisions of the board and the manner in which they are made.

Arrangements for conflicts of interests

13

The constitution must include—

(a) provision about the arrangements to be made by the integrated care board for discharging its functions under section 14Z30 (1) to (4), and

(b) a statement of the principles to be followed by the board in implementing those arrangements.

Arrangements for public involvement

14

The constitution must include—

(a) provision about the arrangements to be made by the integrated care board for discharging its functions under section 14Z45 (2), and

(b) a statement of the principles to be followed by the board in implementing those arrangements.

Variation of constitution

15

(1) The constitution must include a power to vary the constitution in accordance with a procedure set out there.

(2) The provision made by the constitution in accordance with sub-paragraph (1) must—

(a) include power for NHS England to vary the constitution on its own initiative, and

(b) require NHS England’s approval to be obtained before any other variation is made.

Further provision

16

In addition to the provision authorised or required to be included under this Part of this Schedule, the constitution may make further provision.

PART 2 — Further provision about integrated care boards

Status

17

(1) An integrated care board is a body corporate.

(2) An integrated care board is not to be regarded—

(a) as a servant or agent of the Crown, or

(b) as enjoying any status, privilege or immunity of the Crown.

(3) An integrated care board’s property is not to be regarded as property of, or property held on behalf of, the Crown.

Staff

18

(1) An integrated care board may appoint employees.

(2) Employees of an integrated care board are to be paid such remuneration and allowances as the board may determine.

(3) Employees of an integrated care board are to be appointed on such other terms and conditions as the board may determine.

(4) An integrated care board may pay or make provision for the payment of such pensions, allowances or gratuities as it may determine to or in respect of any person who is or has been an employee of the board.

19

(1) An integrated care board may make arrangements for a person to be seconded to the board to serve as a member of the board’s staff.

(2) A period of secondment to an integrated care board does not affect the continuity of a person’s employment with the employer from whose service the person is seconded.

(3) In paragraphs 11 and 18 a reference to an employee of an integrated care board includes a person seconded to the board.

(4) In paragraph 7(2) the reference to an employee of an integrated care board includes any of the following seconded to the board—

(a) a person employed in the civil service of the State, or

(b) a person employed by—

(i) NHS England,

(ii) an NHS trust established under section 25,

(iii) an NHS foundation trust,

(iv) a Special Health Authority performing functions only or mainly in respect of England,

(v) the Care Quality Commission,

(vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vii) the Health Services Safety Investigations Body,

(viii) the Human Tissue Authority,

(ix) the Human Fertilisation and Embryology Authority, or

(x) NICE.

(5) The Secretary of State may by regulations amend this paragraph so as to provide that other references in this Act to an employee of an integrated care board include persons, or persons of a prescribed description, seconded to the board.

Additional powers in respect of payment of allowances

20

An integrated care board may pay such allowances as it considers appropriate to a member of a committee or sub-committee of the integrated care board who is not a member of the board.

Externally financed development agreements

21

(1) The powers of an integrated care board include power to enter into externally financed development agreements.

(2) For the purposes of this paragraph, an agreement is an externally financed development agreement if it is certified as such in writing by the Secretary of State.

(3) The Secretary of State may give a certificate under this paragraph if—

(a) in the Secretary of State’s opinion the purpose or main purpose of the agreement is the provision of services or facilities in connection with the exercise by an integrated care board of any of its functions, and

(b) a person proposes to make a loan to, or provide any other form of finance for, another party in connection with the agreement.

(4) If an integrated care board enters into an externally financed development agreement it may also, in connection with that agreement, enter into an agreement with a person who falls within sub-paragraph (3)(b) in relation to the externally financed development agreement.

(5) In sub-paragraph (3)(b) “another party” means any party to the agreement other than the integrated care board.

(6) The fact that an agreement made by an integrated care board has not been certified under this paragraph does not affect its validity.

Accounts and audits

22

(1) An integrated care board must keep proper accounts and proper records in relation to the accounts.

(2) An integrated care board must prepare annual accounts in respect of each financial year.

(3) NHS England may, with the approval of the Secretary of State, direct an integrated care board to prepare accounts in respect of such period or periods as may be specified in the direction.

(4) NHS England may, with the approval of the Secretary of State, give directions to an integrated care board as to—

(a) the methods and principles according to which any accounts under this paragraph must be prepared, and

(b) the form and content of any accounts prepared under this paragraph.

(5) For the audit of the annual accounts, see the Local Audit and Accountability Act 2014 (and, in particular, section 4 of that Act).

(6) Accounts prepared under sub-paragraph (3) are also to be audited under that Act if NHS England so directs.

(7) The Comptroller and Auditor General may examine—

(a) the annual accounts and any records relating to them, and

(b) any report on them by the auditor or auditors.

(8) An integrated care board must send any audited accounts prepared under this paragraph to NHS England by the date specified in a direction by NHS England.

(9) NHS England may direct an integrated care board to send it any unaudited accounts prepared under this paragraph by the date specified in a direction by NHS England.

Incidental powers

23

The power conferred on an integrated care board by section 2 includes, in particular, power to—

(a) enter into agreements,

(b) acquire and dispose of property, and

Seal and evidence

24

(1) The application of an integrated care board’s seal must be authenticated by the signature of any person who has been authorised (generally or specially) for that purpose.

(2) A document purporting to be duly executed under an integrated care board’s seal or to be signed on its behalf must be received in evidence and, unless the contrary is proven, taken to be so executed or signed.

Accounts and audit

11A

(1) An NHS trust must keep proper accounts and proper records in relation to the accounts.

(2) The Secretary of State may give an NHS trust directions as to the form in which its accounts must be kept.

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