Health and Care Act 2022

PART 1 — Health service in England: integration, collaboration and other changes

NHS England

NHS Commissioning Board renamed NHS England

1

• (1) The National Health Service Commissioning Board is renamed NHS England.

• (2) Schedule 1 contains consequential amendments.

Power to require commissioning of specialised services

2

• (1) Section 3B of the National Health Service Act 2006 (Secretary of State’s power to require commissioning of services) is amended as follows.

• (2) For subsection (2) substitute—

(2) A service or facility may be prescribed under subsection (1)(d) only if the Secretary of State considers that it would be appropriate for NHS England to arrange for the provision of that service or facility (whether by NHS England making arrangements itself or by giving directions under section 13YB or making arrangements under section 65Z5).

• (3) In subsection (3), omit paragraph (d).

• (4) After subsection (4) insert—

(4A) If the Secretary of State refuses a request by NHS England to revoke provision made by regulations under subsection (1)(d) prescribing a service or facility, the Secretary of State must explain why to NHS England.

Spending on mental health

3

• (1) The National Health Service Act 2006 is amended as follows.

• (2) After section 12E insert—

(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.

• (3) In section 13U (annual report), after subsection (2A) (inserted by section 34 of this Act) insert—

(2B) The annual report must include— (a) a statement of the amount of expenditure incurred by NHS England and integrated care boards during the year (taken together) in relation to mental health, (b) a calculation of the proportion of the expenditure incurred by NHS England and integrated care boards during the year (taken together) that relates to mental health, and (c) an explanation of the statement and calculation.

NHS England mandate: general

4

• (1) The National Health Service Act 2006 is amended as follows.

• (2) In section 13A (mandate)—

• (a) in subsection (1), omit “Before the start of each financial year,”;

• (b) in subsection (2), in paragraph (a), omit from “during that financial year” to the end of that paragraph (but not the final “and”);

• (c) omit subsections (3) and (4);

• (d) in subsection (5), omit “in relation to the first financial year to which the mandate relates”;

• (e) after subsection (6) insert—

(6A) The Secretary of State may revise the mandate. (6B) If the Secretary of State revises the mandate, the Secretary of State must publish and lay before Parliament the mandate as revised.

• (3) In section 13B (the mandate: supplementary provision)—

• (a) for the heading substitute “Review of NHS England’s performance in implementing the mandate”;

• (b) omit subsections (2) to (5).

• (4) In section 13T (business plan)—

• (a) in subsection (3), omit “for the first financial year to which the plan relates”;

• (b) after subsection (3) insert—

(3A) The fact that the mandate is revised during the period to which a business plan relates does not require NHS England to revise the plan.

• (5) In section 13U (annual report), in subsection (2), for paragraph (a) substitute—

(a) the extent to which, in that year, it met any objectives or requirements specified in the mandate,

.

NHS England mandate: cancer outcome targets

5

• (1) Section 13A of the National Health Service Act 2006 (mandate) is amended in accordance with subsection (2).

• (2) After subsection (2), insert the following new subsection—

(2A) The objectives specified by the Secretary of State under subsection (2)(a) for NHS England must include objectives relating to outcomes for cancer patients, and those objectives are to be treated by NHS England as having priority over any other objectives relating specifically to cancer.

Duties as to reducing inequalities

6

In section 13G of the National Health Service Act 2006 (NHS England’s duties in relation to the reduction of inequalities)—

• (a) in paragraph (a), for “patients” substitute “persons”;

• (b) in paragraph (b), after “services” insert “(including the outcomes described in section 13E(3))”.

Duties in respect of research: business plan and annual report etc

7

• (1) The National Health Service Act 2006 is amended as follows.

• (2) In section 13L (duty in respect of research), after “functions,” insert “facilitate or otherwise”.

• (3) In section 13T (business plan), in subsection (2)(a), after “13G” insert “, 13L”.

• (4) In section 13U (annual report), in subsection (2)(c) (as amended by section 78(4) of this Act), at the appropriate place insert—

• section 13L;

.

NHS England: wider effect of decisions

8

After section 13N of the National Health Service Act 2006 insert—

(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. (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.

NHS England: duties in relation to climate change etc

9

After section 13NB of the National Health Service Act 2006 (inserted by section 8 of this Act) insert—

(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. (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.

Public involvement: carers and representatives

10

In section 13Q of the National Health Service Act 2006 (public involvement and consultation), in subsection (2), after “individuals to whom the services are being or may be provided” insert “, and their carers and representatives (if any),”.

Information about inequalities

11

• (1) The National Health Service Act 2006 is amended as follows.

• (2) After section 13S insert—

(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.

• (3) In Schedule 4 (NHS trusts: constitution etc), in paragraph 12, after sub-paragraph (1A) (inserted by Schedule 4 to this Act) insert—

(1B) The annual report must, in particular, review the extent to which the NHS trust 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).

• (4) In Schedule 7 (constitution of public benefit corporations), in paragraph 26, after sub-paragraph (1A) (inserted by Schedule 4 to this Act) insert—

(1B) The reports must, in particular, review the extent to which the public benefit corporation 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).

Support and assistance by NHS England

12

After section 13Y of the National Health Service Act 2006 insert—

(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. (2) The assistance that may be provided under subsection (1)(a) or (b) 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 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.

Exercise of functions relating to provision of services

13

• (1) The National Health Service Act 2006 is amended as follows.

• (2) After section 13YA (inserted by section 12 of this Act) insert—

(13YB) (1) NHS England may by direction provide for any of its relevant functions to be exercised by one or more integrated care boards. (2) In this section “relevant function” means— (a) any function of NHS England under section 3B(1) (commissioning functions); (b) any function of NHS England, not within paragraph (a), that relates to the provision of— (i) primary medical services, (ii) primary dental services, (iii) primary ophthalmic services, or (iv) services that may be provided as pharmaceutical services, or as local pharmaceutical services, under Part 7; (c) any function of NHS England by virtue of section 7A or 7B (exercise of Secretary of State’s public health functions); (d) any other functions of NHS England so far as exercisable in connection with any functions within paragraphs (a) to (c). (3) Regulations may— (a) provide that the power in subsection (1) does not apply, or applies only to a prescribed extent, in relation to a prescribed function; (b) impose conditions on the exercise of the power. (4) A direction under subsection (1) 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. (5) In subsection (4) “delegation arrangements” means arrangements made by a person for the exercise of a function by someone else. (6) NHS England may make payments to an integrated care board in respect of the exercise by it of a function by virtue of a direction under subsection (1). (7) NHS England may give directions to an integrated care board as to the exercise by it of any functions in pursuance of a direction under subsection (1). (8) As soon as reasonably practicable after giving a direction under subsection (1), NHS England must publish it. (9) Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by an integrated care board of any function by virtue of this section are enforceable by or against it (and no other person).

• (3) In section 73 (directions and regulations under Part 2), in subsection (1), after paragraph (b) insert—

(ba) section 13YB,

.

Preparation of consolidated accounts for providers

14

Before section 66 of the National Health Service Act 2006 (and the italic heading before it) insert—

(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.

Funding for service integration

15

• (1) The National Health Service Act 2006 is amended as follows.

• (2) In section 223B (funding of NHS England)—

• (a) for subsection (6) substitute—

(6) The Secretary of State may direct NHS England— (a) that an amount of the sums paid to it under this section in respect of a financial year is to be used for purposes relating to service integration; (b) about the use by NHS England of that amount for those purposes.

;

• (b) in subsection (7)—

• (i) for “subsection (6)” substitute “subsection (6)(a)”;

• (ii) in paragraph (b), for “mandate” substitute “direction”;

• (c) after subsection (7) insert—

(7A) The power under subsection (6)(b) includes power to give NHS England directions about the exercise of any of its functions under or by virtue of section 223GA (including directions requiring consultation with the Secretary of State or other specified persons). (7B) The Secretary of State must publish any direction under subsection (6).

• (3) In section 223GA (expenditure on integration)—

• (a) for subsections (1) and (2) substitute—

(1) Where the Secretary of State has given NHS England a direction under section 223B(6)(a) about sums paid to it in respect of a financial year, NHS England may direct an integrated care board that an amount (a “designated amount”) of the sums paid to the board under section 223G in respect of that year is to be used for purposes relating to service integration. (2) The designated amount— (a) is to be determined in such manner as NHS England considers appropriate, and (b) must be specified in the direction under subsection (1).

;

• (b) in subsection (6), for paragraph (a) (but not the “and” at the end) substitute—

(a) it may use the amount for any purposes relating to service integration,

;

• (c) omit subsection (7).

Payments in respect of quality

16

In section 223K of the National Health Service Act 2006, omit subsections (4) and (5) (power of Secretary of State to make regulations about payments by NHS England in respect of quality).

Secondments to NHS England

17

• (1) The National Health Service Act 2006 is amended as follows.

• (2) In section 272 (orders, regulations, rules and directions), in subsection (6)—

• (a) omit the “or” at the end of paragraph (b);

• (b) after paragraph (c) insert—

(d) regulations under paragraph 9A(5) of Schedule A1, or

.

• (3) In Schedule A1 (constitution of NHS England), after paragraph 9 insert—

(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) the Health and Social Care Information Centre, (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.

Integrated care boards

Role of integrated care boards

18

For section 1I of the National Health Service Act 2006 and the italic heading before it substitute—

(1I) An integrated care board established under Chapter A3 of Part 2 has the function of arranging for the provision of services for the purposes of the health service in England in accordance with this Act.

Establishment of integrated care boards

19

• (1) The National Health Service Act 2006 is amended as follows.

• (2) In Part 2, after Chapter A2 insert—

(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. (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. (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. (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. (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). (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.

• (3) In section 272 (orders, regulations, rules and directions), in subsection (1), before paragraph (a) insert—

(za) section 14Z25(2),

.

• (4) Schedule 2 inserts into the National Health Service Act 2006 a new Schedule 1B (integrated care boards: constitution etc) and contains a consequential amendment.

People for whom integrated care boards have responsibility

20

• (1) The National Health Service Act 2006 is amended as follows.

• (2) After section 14Z30 (inserted by section 19 of this Act) insert—

(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.

• (3) In section 272 (orders, regulations, rules and directions)—

• (a) in subsection (1), after paragraph (za) (inserted by section 19 of this Act) insert—

(zb) section 14Z31(1),

;

• (b) in subsection (6), after paragraph (zb) insert—

(zba) regulations under section 14Z31(3),

.

• (4) The Secretary of State may by regulations—

• (a) substitute the following section for section 14Z31 of the National Health Service Act 2006 (as inserted by subsection (2) of this section)—

(14Z31) (1) References in this Act to the group of people for whom an integrated care board has core responsibility are to the people who usually reside in its area. (2) Regulations may create exceptions to subsection (1) in relation to people of a prescribed description.

,

• (b) repeal section 272(1)(zb) of that Act (as inserted by subsection (3) of this section), and

• (c) amend section 272(6)(zba) of that Act (as inserted by subsection (3) of this section), so as to substitute “14Z31(2)” for “14Z31(3)”.

Integrated care boards: functions

Commissioning hospital and other health services

21

For sections 3 and 3A of the National Health Service Act 2006 substitute—

(3) (1) An integrated care board must arrange for the provision of the following to such extent as it considers necessary to meet the reasonable requirements of the people for whom it has responsibility— (a) hospital accommodation, (b) other accommodation for the purpose of any service provided under this Act, (c) medical services other than primary medical services (for primary medical services, see Part 4), (d) dental services other than primary dental services (for primary dental services, see Part 5), (e) ophthalmic services other than primary ophthalmic services (for primary ophthalmic services, see Part 6), (f) nursing and ambulance services, (g) such other services or facilities for the care of pregnant women, women who are breastfeeding and young children as the board considers are appropriate as part of the health service, (h) such other services or facilities for palliative care as the board considers are appropriate as part of the health service, (i) such other services or facilities for the prevention of illness, the care of persons suffering from illness and the after-care of persons who have suffered from illness as the board considers are appropriate as part of the health service, and (j) such other services or facilities as are required for the diagnosis and treatment of illness. (2) For the purposes of this section an integrated care board has responsibility for— (a) the group of people for whom it has core responsibility (see section 14Z31), and (b) such other people as may be prescribed (whether generally or in relation to a prescribed service or facility). (3) The duty imposed on an integrated care board by subsection (1) to arrange for the provision of services or facilities does not apply to the extent that— (a) NHS England has a duty to arrange for their provision; (b) another integrated care board has a duty to arrange for their provision by virtue of subsection (2)(b). (4) In exercising its functions under this section, an integrated care board must act consistently with— (a) the discharge by the Secretary of State and NHS England of their duty under section 1(1) (duty to promote a comprehensive health service), and (b) the objectives and requirements for the time being specified in the mandate published under section 13A. (3A) (1) Each integrated care board may arrange for the provision of such services or facilities as it considers appropriate for the purposes of the health service that relate to securing improvement— (a) in the physical and mental health of the people for whom it has responsibility, or (b) in the prevention, diagnosis and treatment of illness in those people. (2) For the purposes of this section an integrated care board has responsibility for— (a) the group of people for whom it has core responsibility (see section 14Z31), and (b) such other people as may be prescribed (whether generally or in relation to a prescribed service or facility). (3) An integrated care board may not arrange for the provision of a service or facility under subsection (1) if NHS England has a duty to arrange for its provision by virtue of section 3B or 4. (4) In exercising its functions under this section, an integrated care board must act consistently with— (a) the discharge by the Secretary of State and NHS England of their duty under section 1(1) (duty to promote a comprehensive health service), and (b) the objectives and requirements for the time being specified in the mandate published under section 13A.

Commissioning primary care services etc

22

Schedule 3 confers functions on integrated care boards in relation to primary care services and contains other amendments relating to primary care services.

Transfer schemes in connection with transfer of primary care functions

23

• (1) NHS England may, in connection with the amendments made by Schedule 3, make one or more schemes for the transfer of its property, rights and liabilities to an integrated care board.

• (2) 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.

• (3) 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.

• (4) 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.

• (5) In subsection (3)(f), “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).

• (6) 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.

Commissioning arrangements: conferral of discretions

24

In section 12ZA of the National Health Service Act 2006 (commissioning arrangements by NHS England and integrated care boards), after subsection (2) insert—

(2A) The arrangements may confer discretions on a person with whom they are made in relation to anything to be provided under the arrangements.

General functions

25

• (1) The National Health Service Act 2006 is amended as follows.

• (2) After section 14Z31 (inserted by section 20 of this Act) insert—