Health and Care Act 2022

• (6) In section 29 (care account), in subsection (1), in the words before paragraph (a), for the words from “the local authority” to “present” substitute “the responsible local authority”.

• (7) In section 31 (adults with capacity to request direct payments), in subsection (1), for paragraph (a) substitute—

(a) a personal budget for an adult specifies an amount under section 26(1)(c) in respect of any needs, and

.

• (8) In section 32 (adults without capacity to request direct payments), in subsection (1), for paragraph (a) substitute—

(a) a personal budget for an adult specifies an amount under section 26(1)(c) in respect of any needs, and

.

• (9) In section 37 (notification, assessment etc.), in subsection (15), omit paragraph (a).

• (10) In section 80 (Part 1: interpretation), in the table in subsection (1), at the appropriate places insert—

Eligible needs	Section 15(3A)
The responsible local authority	Section 15(3B)
---	---

.

Social care: regulation and financial assistance

Provision of social care services: financial assistance

167

• (1) The Health and Social Care Act 2008 is amended as follows.

• (2) In section 149 (power of Secretary of State to give financial assistance in relation to provision of health or social care services)—

• (a) in subsection (1)(a) and (b), omit “or of social care services”;

• (b) after subsection (1) insert—

(1A) The Secretary of State may give financial assistance to bodies which are engaged in— (a) the provision in England of social care services, or (b) the provision to other persons of services that are connected with the provision in England by those other persons of social care services. (1B) Assistance may be given to a body under subsection (1A) for the purposes of the provision of social care services only if those services are provided in England.

• (3) In section 151 (forms of assistance under section 149), in subsection (2)(d), after “149(1)” insert “or (1A)”.

• (4) For section 153 substitute—

(153) (1) The Secretary of State may direct the following to exercise any functions of the Secretary of State in relation to financial assistance under section 149(1)— (a) a National Health Service trust all or most of whose hospitals, establishments and facilities are situated in England, or (b) a Special Health Authority performing functions only or mainly in respect of England. (2) The Secretary of State may direct any Special Health Authority to exercise any functions of the Secretary of State in relation to financial assistance under section 149(1A). (3) The Secretary of State may direct the following to exercise any functions of the Secretary of State in relation to financial assistance under section 149(2) so far as those functions relate to the establishment of bodies which are to be wholly or mainly engaged in the provision of health services or services connected to health services— (a) a National Health Service trust all or most of whose hospitals, establishments and facilities are situated in England, or (b) a Special Health Authority performing functions only or mainly in respect of England. (4) The Secretary of State may direct any Special Health Authority to exercise any functions of the Secretary of State in relation to financial assistance under section 149(2) so far as they are not functions to which subsection (3) above applies. (5) The Secretary of State may give directions to a body about the exercise of any functions that it is directed to exercise under any of subsections (1) to (4).

• (5) In section 154 (arrangements with other third parties)—

• (a) in subsection (1)(a), after “section 149” insert “(1)”;

• (b) after subsection (1) insert—

(1A) The Secretary of State may make arrangements for— (a) financial assistance under section 149(1A) to be given, or (b) other functions relating to such assistance to be exercised, by a person other than a Special Health Authority (as to Special Health Authorities, see section 153(2)).

;

• (c) in subsections (2), (3), (4) and (5) after “subsection (1)” insert “or (1A)”.

• (6) In section 155 (power to form company), after “section 154(1)” insert “or (1A)”.

Professional regulation

Regulation of health care and associated professions

168

• (1) The Health Act 1999 is amended as follows.

• (2) In section 60 (regulation of health professions and social care workers etc)—

• (a) in subsection (1), after paragraph (b) insert—

(bza) deregulating a profession regulated by an enactment to which subsection (2) applies if the profession does not appear to Her to require regulation for the protection of the public,

;

• (b) in subsection (1), after paragraph (bd) insert—

(be) deregulating any social care workers in England who do not appear to Her to require regulation for the protection of the public,

;

• (c) for subsection (2) substitute—

(2) The professions referred to in subsection (1)(a) and (bza) are the professions regulated by any of the following— (a) the Medical Act 1983; (b) the Dentists Act 1984; (c) the Opticians Act 1989; (d) the Osteopaths Act 1993; (e) the Chiropractors Act 1994; (f) the Nursing and Midwifery Order 2001; (g) the Health Professions Order 2001; (h) the Pharmacy Order 2010 and the Pharmacy (Northern Ireland) Order 1976; (i) an Order in Council under this section.

;

• (d) after subsection (2) insert—

(2ZZA) For the purposes of subsection (1)(b) the reference to a profession is to be treated as including any group of workers, whether or not they are generally regarded as a profession (and references in this Part to a profession are to be read accordingly).

;

• (e) in subsection (2ZB), for “and (bd)” substitute “, (bd) and (be)”.

• (3) In section 62 (regulations and orders), after subsection (10) insert—

(10A) If any provision made by an Order in Council by virtue of section 60(2ZZA) would, if it were included in an Act of Senedd Cymru, be within the legislative competence of the Senedd and is not merely incidental to, or consequential on, provision that (if so included) would be outside that competence, no recommendation is to be made to Her Majesty to make the Order unless the Welsh Ministers have consented to that provision.

• (4) In Schedule 3 (power to make provision about regulation of health care and associated professions: supplementary)—

• (a) after paragraph 1B insert—

(1C) An Order may abolish a regulatory body if (and only if) the professions regulated by the body or social care workers in England regulated by it— (a) will continue to be regulated by one or more other regulatory bodies, or (b) are deregulated by provision made under section 60(1)(bza).

;

• (b) in paragraph 7 (matters outside scope of the Orders), omit sub-paragraphs (1) and (1A);

• (c) in paragraph 8 (restrictions on provision authorising regulatory body’s functions to be exercised by others)—

• (i) in sub-paragraphs (1), (2ZA) and (2A), for the words from “other than” to the end substitute

to exercise that function other than— (a) a regulatory body for— (i) a profession to which section 60(2) applies, or (ii) social care workers in England, or (b) the committees or officers of such a body.

;

• (ii) omit sub-paragraph (2B).

Medical examiners

Medical examiners

169

• (1) After section 18 of the Coroners and Justice Act 2009 insert—

(18A) (1) An English NHS body may appoint persons as medical examiners to discharge in England the functions conferred on medical examiners by or under this Chapter. (2) The Secretary of State must take such steps as the Secretary of State considers appropriate for the purpose of ensuring— (a) that enough medical examiners are appointed under subsection (1) to enable those functions to be discharged in England, (b) that the funds and other resources that are made available to such medical examiners are enough to enable those functions to be discharged in England, and (c) that the performance of such medical examiners is monitored by reference to any standards or levels of performance that they are expected to attain. (3) For the purposes of discharging the duty in subsection (2), the Secretary of State may give a direction to an English NHS body— (a) requiring the body to appoint or arrange for the appointment of one or more medical examiners, (b) about the funds or other resources to be made available to a medical examiner employed by an English NHS body, (c) about the steps to be taken by the body to monitor the performance of such a medical examiner, or (d) about the steps to be taken by the body to monitor the performance of functions by an English NHS body in relation to such a medical examiner. (4) In this section “English NHS body” means— (a) NHS England, (b) an integrated care board established under section 14Z25 of the National Health Service Act 2006, (c) a National Health Service trust established under section 25 of that Act, (d) a Special Health Authority established under section 28 of that Act, or (e) an NHS foundation trust within the meaning of section 30 of that Act. (18B) (1) A Welsh NHS body may appoint persons as medical examiners to discharge in Wales the functions conferred on medical examiners by or under this Chapter. (2) The Welsh Ministers must take such steps as the Welsh Ministers consider appropriate for the purpose of ensuring— (a) that enough medical examiners are appointed under subsection (1) to enable those functions to be discharged in Wales, (b) that the funds and other resources that are made available to such medical examiners are enough to enable those functions to be discharged in Wales, and (c) that the performance of such medical examiners is monitored by reference to any standards or levels of performance that they are expected to attain. (3) In this section “Welsh NHS body” means— (a) a Local Health Board, (b) a National Health Service trust established under section 18 of the National Health Service (Wales) Act 2006, or (c) a Special Health Authority established under section 22 of that Act.

• (2) In section 19 of that Act (medical examiners)—

• (a) in the heading, after “examiners” insert “: supplementary”;

• (b) omit subsections (1) and (2);

• (c) in subsection (5)—

• (i) after “Nothing in” insert “section 18A or 18B or”;

• (ii) for “a local authority or a Local Health Board” substitute “an English NHS body (as defined by section 18A) or a Welsh NHS body (as defined by section 18B)”.

• (3) In section 20 of that Act (medical certificate of cause of death), in subsection (5), for “a local authority or Local Health Board” substitute “an English NHS body (as defined by section 18A) or a Welsh NHS body (as defined by section 18B)”.

• (4) In section 48 of that Act (interpretation: general), in subsection (1), in the definition of “medical examiner”, for “section 19” substitute “section 18A or 18B”.

• (5) In section 41 of the Births and Deaths Registration Act 1953 (interpretation), in subsection (1), in the definition of “medical examiner”, for “means a person appointed under section 19” substitute “has the meaning given by section 48(1)”.

• (6) In the Health and Social Care Act 2012 omit section 54 (which inserted references to local authorities into sections 19 and 20 of the Coroners and Justice Act 2009).

Organ trafficking

Commercial dealings in organs for transplantation: extra-territorial offences

170

• (1) After section 32 of the Human Tissue Act 2004 insert—

(32A) (1) If— (a) a person who is habitually resident in England and Wales, or who is a UK national and not habitually resident in Northern Ireland, does an act outside the United Kingdom, (b) the act, if done in England and Wales, would constitute an offence under section 32(1), and (c) the controlled material to which the act relates is controlled material consisting of or including a human organ, the person is guilty in England and Wales of that offence. (2) In this section “United Kingdom national” means an individual who is— (a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen, (b) a person who under the British Nationality Act 1981 is a British subject, or (c) a British protected person within the meaning of that Act.

• (2) After section 20 of the Human Tissue (Scotland) Act 2006 insert—

(20A) (1) If— (a) a person who is habitually resident in Scotland, or who is a UK national and not habitually resident in Northern Ireland, does an act outside the United Kingdom, and (b) the act, if done in Scotland, would constitute an offence under section 20(1), and (c) the part of the human body to which the act relates consists of or includes a human organ, the person is guilty in Scotland of that offence. (2) In this section “United Kingdom national” means an individual who is— (a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen, (b) a person who under the British Nationality Act 1981 is a British subject, or (c) a British protected person within the meaning of that Act. (3) Where a person outside the United Kingdom commits an offence under section 20(1) the person may be prosecuted, tried and punished for the offence— (a) in a sheriff court district in which the person is apprehended or in custody, or (b) in a sheriff court district determined by the Lord Advocate, as if the offence had been committed in that district. (4) Where subsection (3) applies, the offence is, for all purposes incidental to or consequential on the trial and punishment, deemed to have been committed in that district. (5) In this section “sheriff court district” is to be construed in accordance with section 307(1) of the Criminal Procedure (Scotland) Act 1995 (interpretation).

Human fertilisation and embryology

House of Commons Disqualification Act 1975

171

Schedule 17—

• (a) contains amendments to the Human Fertilisation and Embryology Act 1990 which make provision relating to the storage of gametes and embryos, and

• (b) makes transitional provision in relation to those amendments.

Food and drink

Advertising of less healthy food and drink

172

Schedule 18 amends the Communications Act 2003 to restrict the advertising of certain food and drink products.

Hospital food standards

173

In section 20 of the Health and Social Care Act 2008 (regulation of regulated activities)—

• (a) in subsection (3), after paragraph (d), insert—

(da) impose requirements in connection with food or drink provided or made available to any person on hospital premises in England that are used in connection with the carrying on of a regulated activity;

;

• (b) after subsection (4A) insert—

(4B) Regulations made under this section by virtue of subsection (3)(da) may in particular— (a) specify nutritional standards, or other nutritional requirements, which are to be complied with; (b) require that specified descriptions of food or drink are not to be provided or made available.

• (c) after subsection (5B) insert—

(5C) In subsection (3)(da) “hospital” has the meaning given by section 275 of the National Health Service Act 2006.

Food information for consumers: power to amend retained EU law

174

• (1) In section 16 of the Food Safety Act 1990 (regulations about food labelling etc), after subsection (3) insert—

(3A) Regulations under subsection (1)(e) may amend Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers. (3B) The inclusion in that Regulation of savings in respect of the power to make regulations under this Act of a particular kind is not to be taken as in any way limiting the generality of the provision that may be made by virtue of subsections (1)(e) and (3A).

• (2) In section 48 (regulations and orders)—

• (a) in subsection (3), after “shall” insert “, unless the instrument contains regulations which include provision made by virtue of section 16(3A),”;

• (b) after subsection (3) insert—

(3A) A statutory instrument containing regulations which include provision made by virtue of section 16(3A) may not be made by the Secretary of State unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (3B) A statutory instrument containing regulations which include provision made by virtue of section 16(3A) may not be made by the Welsh Ministers unless a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru. (3C) Regulations made by the Scottish Ministers which include provision made by virtue of section 16(3A) are subject to the affirmative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

Fluoridation of water supplies

Fluoridation of water supplies

175

• (1) The Water Industry Act 1991, as amended by the Health and Social Care Act 2012, is amended in accordance with subsections (2) to (7).

• (2) In section 87 (fluoridation of water supplies at request of relevant authorities)—

• (a) omit subsection (3A);

• (b) in subsection (4), in paragraph (a), for the words from “as the Secretary of State” to the end of that paragraph substitute “in England as the Secretary of State may determine”;

• (c) in subsection (6), at the beginning insert “Subject to subsection (6A)”;

• (d) after subsection (6) insert—

(6A) The Secretary of State may by regulations provide that, in circumstances specified in the regulations, subsection (6)(a) is not to apply in relation to arrangements entered into by the Secretary of State. (6B) The Secretary of State may by regulations require a public body specified in the regulations to make payments to the Secretary of State to meet any costs incurred by the Secretary of State under the terms of the arrangements.

;

• (e) omit subsections (7A) and (7B);

• (f) after subsection (7F) insert—

(7G) Before making regulations under subsection (6A) or (6B) the Secretary of State must consult such persons as the Secretary of State considers appropriate.

;

• (g) in subsection (11), for “the Welsh Ministers” substitute “a relevant authority”;

• (h) after subsection (11) insert—

(12) A statutory instrument containing regulations under subsection (6A) is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (3) In section 87A (target concentration of fluoride), omit subsection (3A).

• (4) Omit sections 88B to 88O (procedural requirements in connection with fluoridation of water supplies).

• (5) In section 89 (consultation)—

• (a) in the heading, omit “: Wales”;

• (b) in subsection (1)—

• (i) in the words before paragraph (a), for “the Welsh Ministers” substitute “a relevant authority”;

• (ii) in paragraphs (a) and (b), for “the Welsh Ministers” substitute “that authority”;

• (c) in subsection (3), in paragraph (a), for “the Welsh Ministers are” substitute “the relevant authority is”;

• (d) in subsection (4)—

• (i) for “the Welsh Ministers”, in the first place it occurs, substitute “a relevant authority”;

• (ii) for “the Welsh Ministers so direct” substitute “that authority so directs”.

• (6) In section 90A (review of fluoridation), omit subsection (5A).

• (7) In section 213 (power to make regulations), in subsection (1), after “36A” insert “, 87(6A)”.

• (8) In consequence of the amendments made by this section, omit section 36 of the Health and Social Care Act 2012.

• (9) The reference in section 213(1A) of the Water Industry Act 1991 to the first exercise of the power to make regulations under section 89 is to be read as a reference to the first exercise of the power to make regulations under that section as amended by subsection (5).

Fluoridation of water supplies: transitional provision

176

• (1) The Water Industry Act 1991 is amended in accordance with subsections (2) and (3).

• (2) After section 90A insert—

(90B) (1) With effect from the day on which section 176 of the Health and Care Act 2022 comes into force, old English fluoridation arrangements are to be treated for the purposes of this Chapter as if they were arrangements entered into by the water undertaker with the Secretary of State under section 87(1). (2) The Secretary of State may request such modifications to the arrangements as the Secretary of State considers necessary in order to give effect to subsection (1) (for example to insert the terms mentioned in section 87(6)). (3) If the Secretary of State and the water undertaker fail to agree the modifications requested by the Secretary of State— (a) subsection (2) or, as the case may be, (4) of section 87B is to apply as if the parties had failed to agree the terms of the arrangements under section 87(1), and (b) following determination of the modifications— (i) the Secretary of State is to give notice of the determination to the water undertaker, and (ii) the arrangements are deemed to have been modified as so determined with effect from the day after the date of notice. (4) Sections 87(11) and 89(1) (which relate to consultation) do not apply to the deemed entry into, and modification of, arrangements by virtue of this section. (5) References in this Chapter to arrangements entered into under section 87(1) include arrangements entered into by a water undertaker by virtue of subsection (1). (6) In this section “old English fluoridation arrangements” means— (a) any arrangements entered into by a water undertaker with a Strategic Health Authority under section 87(1) of the Water Industry Act 1991 (before section 87(3) was amended by section 35(2) of the Health and Social Care Act 2012 in relation to England), and (b) any arrangements which were treated as arrangements falling within paragraph (a) by virtue of section 91 (as that section had effect immediately before the commencement of section 37(4) of the Health and Social Care Act 2012).

• (3) In section 91—

• (a) for the heading substitute “Old Welsh fluoridation arrangements: transitional provision”;

• (b) in subsection (1)—

• (i) for “relevant pre-1985 arrangements” substitute “old Welsh fluoridation arrangements”;

• (ii) for “relevant authority” substitute “Welsh Ministers”;

• (c) in subsection (2), for “relevant authority” substitute “Welsh Ministers”;

• (d) in subsection (3)—

• (i) for “relevant authority”, in both places it occurs, substitute “Welsh Ministers”;

• (ii) in the words before paragraph (a), for “the authority” substitute “the Welsh Ministers”;

• (iii) in paragraph (a), omit “(2),”;

• (e) in subsection (6)—

• (i) in the definition of “the appointed day”, after “force” insert “in relation to Wales”;

• (ii) for the definition of “relevant pre-1985 arrangements” substitute—

• “old Welsh fluoridation arrangements” means arrangements, other than arrangements mentioned in section 90B(6), in pursuance of which a scheme for increasing the fluoride content of water was being operated by a water undertaker by virtue of paragraph 1 of Schedule 7 to this Act immediately before the appointed day.

• (4) In consequence of the amendments made by this section, omit section 37 of the Health and Social Care Act 2012.

Disputes about treatment of critically ill children

Review into disputes relating to treatment of critically ill children

177

• (1) The Secretary of State must arrange for the carrying out of a review into the causes of disputes between (on the one hand) persons with parental responsibility for a critically ill child and (on the other) persons responsible for the provision of care or medical treatment for the child as part of the health service in England.

• (2) The Secretary of State must publish and lay before Parliament a report on the outcome of the review, within one year beginning with the date on which this section comes into force.

• (3) In this section—

• “child” means a person aged under 18;

• “health service in England” means the health service continued under section 1(1) of the National health Service Act 2006;

• “parental responsibility” has the meaning given by section 3 of the Children Act 1989.

Termination of pregnancy

Early medical termination of pregnancy

178

• (1) Section 1 of the Abortion Act 1967 is amended as follows.

• (2) In subsection (3), for “subsection” substitute “subsections (3B) to”.

• (3) In subsection (3A)—

• (a) the words from “includes” to the end become paragraph (a);

• (b) after that paragraph insert—

(b) is not limited by subsections (3C) and (3D).

• (4) After subsection (3A) insert—

(3B) Subsections (3C) and (3D) apply where— (a) the treatment referred to in subsection (3) consists of the prescription and administration of medicine, and (b) the registered medical practitioner terminating the pregnancy is of the opinion, formed in good faith, that, if the medicine is administered in accordance with their instructions, the pregnancy will not exceed ten weeks at the time when the medicine is administered (or in the case of a course of medicine, when the first medicine in the course is administered). (3C) If the usual place of residence of the registered medical practitioner terminating the pregnancy is in England or Wales, the medicine may be prescribed from that place by the registered medical practitioner. (3D) If the pregnant woman’s usual place of residence is in England or Wales and she has had a consultation (in person, by telephone or by electronic means) with a registered medical practitioner, registered nurse or registered midwife about the termination of the pregnancy, the medicine may be self-administered by the pregnant woman at that place.

Child safeguarding: information sharing

Child safeguarding etc in health and care: policy about information sharing

179

• (1) The Secretary of State must publish and lay before Parliament a report describing the government’s policy in relation to the sharing of information by or with public authorities in the exercise of relevant functions of those authorities, for purposes relating to—

• (a) children’s health or social care, or

• (b) the safeguarding or promotion of the welfare of children.

• (2) In this section, “relevant functions” means functions relating to children’s health or social care, so far as exercisable in relation to England.

• (3) The report must include an explanation of whether or to what extent it is the government’s policy that a consistent identifier should be used for each child, to facilitate the sharing of information.

• (4) The report must include a summary of the Secretary of State’s views about implementation of the policy referred to in subsection (1), including any views about steps that should be taken to overcome barriers to implementation.

• (5) The report must be published and laid before Parliament within one year beginning with the date on which this section comes into force.

• (6) In this section “child” means a person aged under 18.

Cosmetic procedures

Licensing of cosmetic procedures

180

• (1) The Secretary of State may, for the purposes of reducing the risk of harm to the health or safety of members of the public, make regulations—

• (a) prohibiting an individual in England from carrying out specified cosmetic procedures in the course of business, unless the person has a personal licence;

• (b) prohibiting a person from using or permitting the use of premises in England for the carrying out of specified cosmetic procedures in the course of business, unless the person has a premises licence.

• (2) In this section—

• “cosmetic procedure” means a procedure, other than a surgical or dental procedure, that is or may be carried out for cosmetic purposes; and the reference to a procedure includes—the injection of a substance;the application of a substance that is capable of penetrating into or through the epidermis;the insertion of needles into the skin;the placing of threads under the skin;the application of light, electricity, cold or heat;

• “licensed premises” means premises in respect of which a premises licence is in force;

• “local authority” means—a county council in England;a district council in England;a London borough council;a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009; a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023; the Common Council of the City of London (in its capacity as a local authority), the Sub-Treasurer of the Inner Temple or the Under Treasurer of the Middle Temple;the Council of the Isles of Scilly;

• “personal licence” means a licence, granted by a specified local authority under the regulations, which authorises an individual to carry out a cosmetic procedure of a description specified in the licence;

• “premises licence” means a licence, granted by a specified local authority under the regulations, which authorises premises to be used for the carrying out of a cosmetic procedure of a description specified in the licence;

• “specified cosmetic procedure” means a cosmetic procedure of a description specified in the regulations;

• “specified local authority” means a local authority of a description specified in the regulations.

• (3) The provision which may be made by regulations under this section by virtue of section 183(1)(a) includes—

• (a) provision amending Schedule 5 to the Consumer Rights Act 2015 (investigatory powers);

• (b) provision repealing, revoking or amending provision made by or under any local Act.

• (4) Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

• (5) Schedule 19 makes further provision about regulations under this section (including provision for the imposition of fees, the creation of criminal offences and financial penalties).

Disability and autism training

Mandatory training on learning disability and autism

181

• (1) The Health and Social Care Act 2008 is amended in accordance with subsections (2) to (6).

• (2) In section 20 (regulation of regulated activities), after subsection (5) insert—

(5ZA) Regulations under this section must require service providers to ensure that each person working for the purpose of the regulated activities carried on by them receives training on learning disability and autism which is appropriate to the person’s role.

• (3) After subsection (5C) (as inserted by section 173) insert—

(5D) In subsection (5ZA)— - “learning disability” has the meaning given by section 1(4) of the Mental Health Act 1983; - “service provider” means a person registered under this Chapter as a service provider in respect of a regulated activity.

• (4) After section 21 insert—

(21A) (1) The Secretary of State must issue a code of practice about compliance with requirements imposed by virtue of section 20(5ZA) (requirements relating to training on learning disability and autism). (2) The code must make provision about— (a) the content of training; (b) training appropriate to different roles; (c) circumstances in which it is appropriate for training to be delivered in person; (d) the involvement of people with learning disability, autistic people, or their carers, in the provision of training; (e) accreditation of training; (f) procurement of training; (g) monitoring and evaluation of the impact of training; (3) The code may make different provision for different cases or circumstances. (4) The Secretary of State must, at least once every five years— (a) review the code, and (b) lay before Parliament a report setting out the findings of the review.

• (5) In section 22 (consultation in relation to code of practice under section 21)—

• (a) for the heading substitute “Codes of practice: consultation and Parliamentary scrutiny”;

• (b) in subsection (1), after “21” insert “or 21A”;

• (c) in subsection (2), after “21” insert “or 21A”;

• (d) in subsection (3), after “(2)” insert “in relation to a draft of a code or revised code under section 21”;

• (e) after subsection (5) insert—

(5A) Where, following consultation under subsection (1) or (2) in relation to a draft of a code or revised code under section 21A, the Secretary of State decides to proceed with the draft (in its original form or with modifications), the Secretary of State must lay a copy of the draft before Parliament. (5B) The Secretary of State may not issue the code or revised code if, within the 40-day period, either House of Parliament resolves not to approve it. (5C) In this section “40-day period” means— (a) the period of 40 days beginning with the day on which the draft is laid before Parliament, or (b) if the draft is not laid before each House on the same day, the period of 40 days beginning with the later of the days on which it is laid before Parliament. (5D) For the purposes of subsection (5C), no account is to be taken of any whole days that fall within a period during which— (a) Parliament is dissolved or prorogued, or (b) either House of Parliament is adjourned for more than four days.

• (6) In section 25 (effect of code under section 21 and guidance under section 23)—

• (a) in the heading, after “s. 21” insert “or 21A”;

• (b) in subsection (1), for “A code of practice under section 21” substitute “Codes of practice under sections 21 and 21A”;

• (c) in subsection (2),

• (i) for “A code of practice under section 21 or” substitute “Codes of practice under sections 21 and 21A and”;

• (ii) for “is” substitute “are”;

• (d) in subsection (3), after “21” insert “or 21A”.

• (7) Until the first regulations made by virtue of section 20(5ZA) of the Health and Social Care Act 2008 (as inserted by subsection (2)) come into force—

• (a) the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (S.I. 2014/2936) (“the 2014 regulations”), and

• (b) the Health and Social Care Act 2008,

are to be read as if regulation 18 of the 2014 regulations contained such requirements.

PART 7 — General

Power to make consequential provision

182

• (1) The Secretary of State may by regulations make provision that is consequential on this Act.

• (2) Regulations under this section may amend, repeal or revoke provision made by this Act or any provision made by or under primary legislation passed—

• (a) before this Act, or

• (b) later in the same session of Parliament as this Act.

• (3) In this section “primary legislation” means—

• (a) an Act,

• (b) an Act or Measure of Senedd Cymru,

• (c) an Act of the Scottish Parliament, or

• (d) Northern Ireland legislation.

Regulations

183

• (1) A power to make regulations under any provision of this Act includes power to make—

• (a) consequential, supplementary, incidental, transitional or saving provision;

• (b) different provision for different purposes.

• (2) A power to make regulations under section 92, 103 or 104 includes power to make different provision for England, Wales, Scotland or Northern Ireland.

• (3) Regulations under this Act are to be made by statutory instrument.

• (4) A statutory instrument containing any of the following (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament—

• (a) regulations under section 20(4);

• (b) regulations under section 92;

• (c) regulations under section 103 or 104;

• (d) regulations under section 123;

• (e) regulations under section 180;

• (f) regulations under section 182 that amend or repeal provision made by primary legislation (as defined by section 182(3)).

• (5) Any other statutory instrument containing regulations under section 182 is subject to annulment in pursuance of a resolution of either House of Parliament.

• (6) This section does not apply to regulations under section 186.

House of Commons Disqualification Act 1975 (c. 24)

184

There is to be paid out of money provided by Parliament—

• (a) any expenditure incurred by the Secretary of State under or by virtue of this Act, and

• (b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

Employment Rights Act 1996 (c. 18)

185

• (1) This Act extends to England and Wales only, subject to subsections (2) to (5).

• (2) The following extend to England and Wales, Scotland and Northern Ireland—

• (a) in Part 1, paragraph 1(3) and (4) of Schedule 1 (renaming of NHS Commissioning Board);

• (b) in Part 2, sections 92 to 94 (information about payments etc to persons in the health care sector);

• (c) Part 3 (Secretary of State’s powers to transfer or delegate functions);

• (d) in Part 4, section 125 (restriction of statutory powers requiring disclosure);

• (e) in Part 6, section 171 and Part 2 of Schedule 17 (storage of gametes and embryos);

• (f) this Part.

• (3) The following extend to Scotland only—

• (a) sections 140 to 143 (offences relating to virginity testing);

• (b) sections 152 to 155 (offences relating to hymenoplasty).

• (4) The following extend to Northern Ireland only—

• (a) sections 144 to 147 (offences relating to virginity testing);

• (b) sections 156 to 159 (offences relating to hymenoplasty).

• (5) An amendment, repeal or revocation made by this Act has the same extent as the provision amended, repealed or revoked.

Commencement

186

• (1) This Part comes into force on the day on which this Act is passed.

• (2) Section 161(2) comes into force on such day as the Welsh Ministers may by regulations appoint.

• (3) Section 171 and Schedule 17 (storage of gametes and embryos) come into force on 1 July 2022.

• (4) Section 172 and Schedule 18 (advertising of less healthy food and drink) come into force at the end of the period of two months beginning with the day on which this Act is passed.

• (5) Section 179 comes into force at the end of the period of three months beginning with the day on which this Act is passed.

• (6) Except as mentioned in subsections (1) to (5), this Act comes into force on such day as the Secretary of State may by regulations appoint.

• (7) Different days may be appointed under subsection (2) or (6) for different purposes.

• (8) In relation to section 166, different days may be appointed under subsection (6) for different areas.

• (9) The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.

• (10) The Welsh Ministers may by regulations make transitional or saving provision in connection with the coming into force of section 161(2).

• (11) The power to make regulations under subsection (9) or (10) includes power to make different provision for different purposes.

• (12) Regulations under this section are to be made by statutory instrument.

Short title

187

This Act may be cited as the Health and Care Act 2022.

SCHEDULE 1

General

1

• (1) The enactments listed in sub-paragraph (2) are amended in accordance with the table.

For the following expression wherever it occurs in those enactments (unless the expression is replaced or removed by an amendment elsewhere in this Act)	substitute
“The National Health Service Commissioning Board”	“NHS England”
“the National Health Service Commissioning Board”	“NHS England”
“the National Health Service Commissioning Board (“the Board”)”	“NHS England”
“The Board”	“NHS England”
“the Board”	“NHS England”
“The Board’s”	“NHS England’s”

• (2) The enactments are—

• the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951, Schedule 2;

• the Public Records Act 1958, Part 1 of the Table at the end of paragraph 3 of Schedule 1;

• the Public Bodies (Admission to Meetings) Act 1960, the Schedule;

• the Leasehold Reform Act 1967, section 28;

• the Parliamentary Commissioner Act 1967, Schedule 3;

• the Health Services and Public Health Act 1968, sections 63(1) and (2) and 64;

• the Employers’ Liability (Compulsory Insurance) Act 1969, section 3;

• the Local Authority Social Services Act 1970, Schedule 1;

• the Local Government Act 1972, section 113;

• the Health and Safety at Work etc. Act 1974, section 60;

• the National Health Service (Scotland) Act 1978, section 17A;

• the Acquisition of Land Act 1981, sections 16 and 17;

• the Mental Health Act 1983, sections 12ZB, 12ZC, 39, 117, 134 and 139;

• the Disabled Persons (Services, Consultation and Representation) Act 1986, sections 2 and 7;

• the Copyright, Designs and Patents Act 1988, section 48;

• the Children Act 1989, sections 21, 24, 24C, 27, 29, 47, 80, 85 and 105;

• the London Local Authorities Act 1991 (c xiii), section 4;

• the Health Service Commissioners Act 1993, sections 2 and 2A;

• the Value Added Tax Act 1994, section 41 and Schedule 8;

• the Education Act 1996, section 322;

• the Employment Rights Act 1996, sections 43K, 49B, 50 and 218;

• the Housing Grants, Construction and Regeneration Act 1996, section 3;

• the Crime and Disorder Act 1998, section 115;

• the Greater London Authority Act 1999, section 309E;

• the Health Act 1999, section 61;

• the Freedom of Information Act 2000, Schedule 1;

• the Local Government Act 2000, section 9FF;

• the Adoption and Children Act 2002, section 8;

• the International Development Act 2002, Schedule 1;

• the Nationality, Immigration and Asylum Act 2002, section 133;

• the Criminal Justice Act 2003, section 325;

• the Finance Act 2003, section 67A;

• the Health and Social Care (Community Health and Standards) Act 2003, sections 148 and 165;

• the Children Act 2004, sections 10 and 11;

• the Civil Contingencies Act 2004, Schedule 1;

• the Domestic Violence, Crime and Victims Act 2004, section 9;

• the Armed Forces Act 2006, section 343AA (as inserted by section 8(3) of the Armed Forces Act 2021);

• the Childcare Act 2006, section 4;

• the Emergency Workers (Obstruction) Act 2006, section 1;

• the National Health Service Act 2006, except section 275;

• the National Health Service (Wales) Act 2006, sections 7, 13, 17, 26, 28, 34, 106, 115, 162, 197, 206 and Schedule 5;

• the NHS Redress Act 2006, section 1;

• the Safeguarding Vulnerable Groups Act 2006, section 6;

• the Corporate Manslaughter and Corporate Homicide Act 2007, section 6;

• the Local Government and Public Involvement in Health Act 2007, sections 104, 116, 222, 224 and 227;

• the Statistics and Registration Service Act 2007, section 42(4A);

• the Health and Social Care Act 2008, sections 20A, 30, 39, 45A, 48, 54, 59, 64, 80, 81 and 97;

• the Autism Act 2009, section 4;

• the Health Act 2009, sections 2, 8 and 36;

• the Charities Act 2011, section 149;

• the Health and Social Care Act 2012, sections 83, 84, 102, 130, 197, 234, 236, 237, 239, 241, 249, 250(4) and (7), 253, 254, 255, 260, 263, 265, 268, 274, 295, 296, 298 and Schedule 12;

• the Care Act 2014, sections 6, 22 and 101 and Schedule 1;

• the Children and Families Act 2014, sections 26, 28, 31, 53, 56, 57 and 77;

• the Immigration Act 2014, Schedule 3;

• the Local Audit and Accountability Act 2014, section 13 and Schedules 7 and 11;

• the Cities and Local Government Devolution Act 2016, section 18;

• the Data Protection Act 2018, Schedule 3;

• the Mental Health Units (Use of Force) Act 2018, section 9.

• (3) In any other enactment (apart from this Act) passed before the day on which section 1 comes into force, and in any instrument or other document made before that day, any reference to the National Health Service Commissioning Board is to be read, in relation to any time on or after that day, as a reference to NHS England.

• (4) In this paragraph “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

House of Commons Disqualification Act 1975

2

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975, in the entry relating to the chairman or non-executive member of the National Health Service Commissioning Board, for “the National Health Service Commissioning Board” substitute “NHS England”.

Access to Health Records Act 1990

3

In section 1(2) of the Access to Health Records Act 1990 as it has effect under the law of England and Wales—

• (a) in paragraph (a)—

• (i) for “the National Health Service Commissioning Board” substitute “NHS England”;

• (ii) after “contract with” insert “NHS England”;

• (b) in paragraph (aa)—

• (i) for “the National Health Service Commissioning Board” substitute “NHS England”;

• (ii) after “arrangements with” insert “NHS England”.

Trade Union and Labour Relations (Consolidation) Act 1992

4

In section 279(1) of the Trade Union and Labour Relations (Consolidation) Act 1992—

• (a) in paragraph (a), for “the National Health Service Commissioning Board” substitute “NHS England”;

• (b) in the words after paragraph (b), for “board” substitute “body”.

Employment Rights Act 1996

5

In section 43K(2)(b) of the Employment Rights Act 1996 for “the authority or board” substitute “NHS England or the board”.

National Health Service Act 2006

6

The National Health Service Act 2006 is amended as follows.

7

In the heading of section 3B, for “Board” substitute “NHS England”.

8

In the heading of section 13A, for “Board” substitute “NHS England”.

9

In the heading of section 13W, for “Board’s” substitute “NHS England’s”.

10

In the heading of section 13Y, for “Board’s” substitute “NHS England’s”.

11

In section 275(1)—

• (a) omit the definition of “the Board”;

• (b) in the definition of “NHS body” for paragraph (a) substitute—

1. NHS England,

.

12

In Schedule 1A, in the italic heading before paragraph 18, for “Board” substitute “NHS England”.

Corporation Tax Act 2010

13

In section 986 of the Corporation Tax Act 2010, in the table, for “National Health Service Commissioning Board” substitute “NHS England”.

Equality Act 2010

14

In Part 1 of Schedule 19 to the Equality Act 2010, in the group of entries that includes entries for bodies whose functions relate to health, social care and social security, for “The National Health Service Commissioning Board” substitute “NHS England”.

Health and Social Care Act 2012

15

The Health and Social Care Act 2012 is amended as follows.

16

In section 150, omit subsection (2).

17

In the heading of section 197, for “NHS Commissioning Board” substitute “NHS England”.

18

In section 247, omit the definition of “the Board”.

19

In section 250(1), for “the National Health Service Commissioning Board (referred to in this Chapter as “the Board”)” substitute “NHS England”.

20

In the heading of section 274, for “Board” substitute “NHS England”.

21

In section 275, omit the definition of “the Board”.

22

In section 304(12)(a)(iv) and (ix), for “Board” substitute “NHS England”.

Local Audit and Accountability Act 2014

23

In Schedule 9 to the Local Audit and Accountability Act 2014, in paragraph 4(12), for paragraph (c) of the definition of “relevant NHS body” substitute—

(c) NHS England;

.

Social Services and Well-being (Wales) Act 2014 (anaw 4)

24

The Social Services and Well-being (Wales) Act 2014 is amended as follows.

25

In section 47(10)—

• (a) in the English language text—

• (i) in the definition of “English health body”, for paragraph (b) substitute—

1. NHS England;

;

• (ii) in the definition of “health body”, for paragraph (c) substitute—

1. NHS England;

;

• (b) in the Welsh language text—

• (i) in the definition of “corff iechyd”, for paragraph (c) substitute—

1. GIG Lloegr;

;

• (ii) in the definition of “corff iechyd Seisnig”, for paragraph (b) substitute—

1. GIG Lloegr;

.

26

In section 77(4)(b)(ii)—

• (a) in the English language text, for “the National Health Service Commissioning Board” substitute “NHS England”;

• (b) in the Welsh language text, for “Bwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” substitute “GIG Lloegr”.

27

In section 104(3)(d)(ii)—

• (a) in the English language text, for “the National Health Service Commissioning Board” substitute “NHS England”;

• (b) in the Welsh language text, for “Fwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” substitute “GIG Lloegr”.

28

In section 118(2)(c)—

• (a) in the English language text, for “the National Health Service Commissioning Board” substitute “NHS England”;

• (b) in the Welsh language text, for “Fwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” substitute “GIG Lloegr”.

29

In section 164A(4)—

• (a) in the English language text, for paragraph (c) substitute—

(c) NHS England;

;

• (b) in the Welsh language text, for paragraph (c) substitute—

(c) GIG Lloegr;

.

30

In section 193(4)(c)—

• (a) in the English language text, for “the National Health Service Commissioning Board” substitute “NHS England”;

• (b) in the Welsh language text, for “Bwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” substitute “GIG Lloegr”.

31

In section 197(1)—

• (a) in the English language text, for the definition of “National Health Service Commissioning Board” substitute—

• “NHS England” (“GIG Lloegr”) means the body established under section 1H of the National Health Service Act 2006;

;

• (b) in the Welsh language text, omit the definition of “Bwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” and at the appropriate place insert—

• “ystyr “GIG Lloegr” (“NHS England”) yw’r corff a sefydlir o dan adran 1H o Ddeddf y Gwasanaeth Iechyd Gwladol 2006;

.

Housing (Wales) Act 2014 (anaw 7)

32

In section 70(2)(d)(ii) of the Housing (Wales) Act 2014—

• (a) in the English language text, for “the National Health Service Commissioning Board” substitute “NHS England”;

• (b) in the Welsh language text, for “Fwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” substitute “GIG Lloegr”.

Cities and Local Government Devolution Act 2016

33

In section 18(2)(d) and (5)(b) of the Cities and Local Government Devolution Act 2016, for “the NHS Commissioning Board” substitute “NHS England”.

Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2)

34

The Additional Learning Needs and Education Tribunal (Wales) Act 2018 is amended as follows.

35

In section 4(3)—

• (a) in the English language text, for paragraph (i) substitute—

(i) NHS England;

;

• (b) in the Welsh language text, for paragraph (i) substitute—

(i) GIG Lloegr;

.

36

In section 65(4)—

• (a) in the English language text, for paragraph (j) substitute—

(j) NHS England;

;

• (b) in the Welsh language text, for paragraph (j) substitute—

(j) GIG Lloegr;

.

37

In section 99(1)—

• (a) in the English language text, omit the definition of “National Health Service Commissioning Board” and at the appropriate place insert—

• “NHS England” (“GIG Lloegr”) means the body established under section 1H of the National Health Service Act 2006;

;

• (b) in the Welsh language text, omit the definition of “Bwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” and at the appropriate place insert—

• “ystyr “GIG Lloegr” (“NHS England”) yw’r corff a sefydlir o dan adran 1H o Ddeddf y Gwasanaeth Iechyd Gwladol 2006;

.

Non-executive members: tenure

38

In section 15 of the Domestic Abuse Act 2021 (duty to co-operate with the Domestic Abuse Commissioner), in subsection (7), for paragraph (c) of the definition of “NHS body in England” substitute—

1. NHS England, or

.

SCHEDULE 2

1

Before Schedule 4 to the National Health Service Act 2006 insert—

SCHEDULE 1B (1) An integrated care board must have a constitution. (2) The constitution must specify— (a) the name of the integrated care board, and (b) the area for which it is established. (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 (c) at least three other members (see paragraph 8). (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. (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. (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. (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). (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. (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. (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. (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. (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. (16) In addition to the provision authorised or required to be included under this Part of this Schedule, the constitution may make further provision. (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. (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) 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 an integrated care board include persons, or persons of a prescribed description, seconded to the board. (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. (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. (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. (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 (c) accept gifts (including property to be held on trust for the purposes of the integrated care board). (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.

2

In section 272 of that Act (orders, regulations, rules and directions), in subsection (6), after paragraph (d) (inserted by section 17 of this Act), insert—

(e) regulations under paragraph 19(5) of Schedule 1B.

SCHEDULE 3

PART 1 — Conferral of functions etc

Preliminary

1

The National Health Service Act 2006 is amended as follows.

Power to require NHS England to continue to exercise certain primary care functions

2

In section 3B (Secretary of State’s power to require NHS England to commission services), in subsection (1)—

• (a) before paragraph (a) insert—

(za) primary medical services of a prescribed description;

;

• (b) after paragraph (a), insert—

(aa) primary ophthalmic services of a prescribed description;

.

Medical services

3

For section 83 and the italic heading before it substitute—