(a) financial assistance, and

(b) making the services of the Board’s employees or any other
resources of the Board available to the consortium.

(3) Assistance or support provided under this section may be provided on
5such terms and conditions, including terms as to payment, as the Board
considers appropriate.

(4) The Board may, in particular, impose restrictions on the use of any
financial or other assistance or support provided under this section.

(5) A commissioning consortium must comply with any restrictions
10imposed under subsection (4).

Commissioning plans and reports

14Z9 Commissioning plan

(1) Before the start of each relevant period, a commissioning consortium
must prepare a plan setting out how it proposes to exercise its functions
15in that period.

(2) In subsection (1), “relevant period”, in relation to a commissioning
consortium, means—

(a) the period which —

(i) begins on such day during the first financial year of the
20consortium as the Board may direct, and

(ii) ends at the end of that financial year, and

(b) each subsequent financial year.

(3) The plan must, in particular, explain how the consortium proposes to
discharge its duties under—

(a) 25sections 14Q and 14Z, and

(b) sections 223H to 223J.

(4) The commissioning consortium must publish the plan.

(5) The commissioning consortium must give a copy of the plan to the
Board before the date specified by the Board in a direction.

(6) 30The commissioning consortium must give a copy of the plan to each
relevant Health and Wellbeing Board.

(7) The Board may publish guidance for commissioning consortia on the
discharge of their functions by virtue of this section and sections 14Z10
and 14Z11.

(8) 35A commissioning consortium must have regard to any guidance
published by the Board under subsection (7).

(9) In this Chapter, “relevant Health and Wellbeing Board”, in relation to a
commissioning consortium, means a Health and Wellbeing Board
established by a local authority whose area coincides with, or includes
40the whole or any part of, the area of the consortium.

14Z10 Revision of commissioning plans

(1) A commissioning consortium may revise a plan published by it under
section 14Z9.

(2) If the commissioning consortium revises the plan in a way which it
5considers to be significant—

(a) the consortium must publish the revised plan, and

(b) subsections (5) and (6) of section 14Z9 apply in relation to the
revised plan as they apply in relation to the original plan.

(3) If the commissioning consortium revises the plan in any other way, the
10consortium must—

(a) publish a document setting out the changes it has made to the
plan, and

(b) give a copy of the document to the Board and each relevant
Health and Wellbeing Board.

14Z11 15 Consultation about commissioning plans

(1) This section applies where a commissioning consortium is—

(a) preparing a plan under section 14Z9, or

(b) revising a plan under section 14Z10 in a way which it considers
to be significant.

(2) 20The commissioning consortium must consult individuals for whom it
has responsibility for the purposes of section 3.

(3) The consortium must involve each relevant Health and Wellbeing
Board in preparing or revising the plan.

(4) The consortium must, in particular—

(a) 25give each relevant Health and Wellbeing Board a draft of the
plan or (as the case may be) the plan as revised, and

(b) consult each such Board on whether the draft takes proper
account of each joint health and wellbeing strategy published
by it which relates to the period (or any part of the period) to
30which the plan relates.

(5) Where a Health and Wellbeing Board is consulted under subsection
(4)(b), the Health and Wellbeing Board must give the consortium its
opinion on the matter mentioned in that subsection.

(6) Where a Health and Wellbeing Board is consulted under subsection
35(4)(b)—

(a) it may also give the Board its opinion on the matter mentioned
in that subsection, and

(b) if it does so, it must give the consortium a copy of its opinion.

(7) If a commissioning consortium revises or further revises a draft after it
40has been given to each relevant Health and Wellbeing Board under
subsection (4), subsections (4) to (6) apply in relation to the revised
draft as they apply in relation to the original draft.

(8) A commissioning consortium must include in a plan published under
section 14Z9(4) or 14Z10(2)—

(a) a summary of the views expressed by individuals consulted
under subsection (2),

(b) an explanation of how the consortium took account of those
views, and

(c) 5a statement of the final opinion of each relevant Health and
Wellbeing Board consulted in relation to the plan under
subsection (4).

(9) In this section, “joint health and wellbeing strategy” means a strategy
under section 116A of the Local Government and Public Involvement
10in Health Act 2007 which is prepared and published by a Health and
Wellbeing Board by virtue of section 199 of the Health and Social Care
Act 2011.

14Z12 Opinion of Health and Wellbeing Boards on commissioning plans

(1) A relevant Health and Wellbeing Board—

(a) 15may give the Board its opinion on whether a plan published by
a commissioning consortium under section 14Z9(4) or 14Z10(2)
takes proper account of each joint health and wellbeing strategy
published by the Health and Wellbeing Board which relates to
the period (or any part of the period) to which the plan relates,
20and

(b) if it does so, must give the consortium a copy of its opinion.

(2) In this section, “joint health and wellbeing strategy” has the same
meaning as in section 14Z11.

14Z13 Reports by commissioning consortia

(1) 25In each financial year other than its first financial year, a commissioning
consortium must prepare a report (an “annual report”) on how it has
discharged its functions in the previous financial year.

(2) An annual report must, in particular—

(a) explain how the commissioning consortium has discharged its
30duties under sections 14Q and 14Z, and

(b) review the extent to which the consortium has contributed to
the delivery of any joint health and wellbeing strategy to which
it was required to have regard under section 116B(1)(b) of the
Local Government and Public Involvement in Health Act 2007.

(3) 35In preparing the review required by subsection (2)(b), the consortium
must consult each relevant Health and Wellbeing Board.

(4) The Board may give directions to commissioning consortia as to the
form and content of an annual report.

(5) A commissioning consortium must give a copy of its annual report to
40the Board before the date specified by the Board in a direction.

(6) A commissioning consortium must—

(a) publish its annual report, and

(b) hold a meeting for the purpose of presenting the report to
members of the public.

Performance assessment of consortia

14Z14 Performance assessment of consortia

(1) The Board must conduct a performance assessment of each
commissioning consortium in respect of each financial year.

(2) 5A performance assessment is an assessment of how well the
consortium has discharged its functions during that year.

(3) The assessment must, in particular, include an assessment of how well
the consortium has discharged its duties under—

(a) section 14Q, section 14V, section 14Z,

(b) 10sections 223H to 223J, and

(c) section 116B(1) of the Local Government and Public
Involvement in Health Act 2007 (duty to have regard to
assessments and strategies).

(4) In conducting a performance assessment, the Board must consult each
15relevant Health and Wellbeing Board as to its views on the
consortium’s contribution to the delivery of any joint health and
wellbeing strategy to which the consortium was required to have
regard under section 116B(1)(b) of that Act of 2007.

(5) The Board must, in particular, have regard to—

(a) 20any document published by the Secretary of State for the
purposes of this section, and

(b) any guidance published under section 14Z6.

(6) The Board must publish a report in respect of each financial year
containing a summary of the results of each performance assessment
25conducted by the Board in respect of that year.

Powers to require information etc.

14Z15 Circumstances in which powers in sections 14Z16 and 14Z17 apply

(1) Sections 14Z16 and 14Z17 apply where the Board has reason to
believe—

(a) 30that the area of a commissioning consortium is no longer
appropriate, or

(b) that a commissioning consortium might have failed, might be
failing or might fail to discharge any of its functions.

(2) Any reference in subsection (1) to failure to discharge a function
35includes a reference to failure to discharge it properly.

14Z16 Power to require documents and information etc.

(1) Where this section applies, the Board may require a person mentioned
in subsection (2) to provide to the Board any information, documents,
records or other items that the Board considers it necessary or
40expedient to have for the purposes of any of its functions in relation to
the commissioning consortium.

(2) The persons mentioned in this subsection are—

(a) the commissioning consortium if it has possession or control of
the item in question;

(b) any member or employee of the consortium who has possession
or control of the item in question.

(3) A person must comply with a requirement imposed under subsection
(1).

(4) 5The power conferred by subsection (1) includes power to require that
any information, documents or records kept by means of a computer be
provided in legible form.

(5) The power conferred by subsection (1) does not include power to
require the provision of personal records.

(6) 10In subsection (5), “personal records” has the meaning given by section
12 of the Police and Criminal Evidence Act 1984.

14Z17 Power to require explanation

(1) Where this section applies, the Board may require the commissioning
consortium to provide it with an explanation of any matter which
15relates to the exercise by the consortium of any of its functions,
including an explanation of how the consortium is proposing to
exercise any of its functions.

(2) The Board may require the explanation to be given—

(a) orally at such time and place as the Board may specify, or

(b) 20in writing.

(3) The commissioning consortium must comply with a requirement
imposed under subsection (1).

14Z18 Use of information

Any information, documents, records or other items that are obtained
25by the Board in pursuance of section 14Z16 or 14Z17 may be used by
the Board in connection with any of its functions in relation to
commissioning consortia.

Intervention powers

14Z19 Power to give directions, dissolve consortium etc.

(1) 30This section applies if the Board is satisfied that—

(a) a commissioning consortium is failing or has failed to discharge
any of its functions, or

(b) there is a significant risk that a commissioning consortium will
fail to do so.

(2) 35The Board may direct the consortium to discharge such of those
functions, and in such manner and within such period or periods, as
may be specified in the direction.

(3) The Board may direct—

(a) the consortium, or

(b) 40the accountable officer of the consortium,

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

(4) The Board may—

(a) terminate the appointment of the consortium’s accountable
officer, and

(b) appoint another person to be its accountable officer.

(5) 5Paragraph 11(4) of Schedule 1A does not apply to an appointment
under subsection (4)(b).

(6) The Board may vary the constitution of the consortium, including
doing so by—

(a) varying its area,

(b) 10adding any person who is a provider of medical services to the
list of members, or

(c) removing any person from that list.

(7) The Board may dissolve the consortium.

(8) Where a direction is given under subsection (3) the Board may—

(a) 15exercise any of the functions that are the subject of the direction
on behalf of the consortium or (as the case may be) the
accountable officer;

(b) direct another consortium or (as the case may be) the
accountable officer of another consortium to perform any of
20those functions on behalf of the consortium or (as the case may
be) the accountable officer, in such manner and within such
period or periods as may be specified in the directions.

(9) A commissioning consortium to which a direction is given under
subsection (3) must—

(a) 25where the Board exercises a function of the consortium under
subsection (8)(a), co-operate with the Board, and

(b) where a direction is given under subsection (8)(b) to another
commissioning consortium or to the accountable officer of
another commissioning consortium, co-operate with the other
30consortium or (as the case may be) the accountable officer.

(10) Before exercising the power conferred by subsection (8)(b) the Board
must consult the consortium to which it is proposing to give the
direction.

(11) Where the Board exercises a power conferred by subsection (6) or (7),
35the Board may make a property transfer scheme or a staff transfer
scheme.

(12) In subsection (11), “property transfer scheme” and “staff transfer
scheme” have the same meaning as in section 14I.

(13) Part 3 of Schedule 1A applies in relation to a property transfer scheme
40or a staff transfer scheme under subsection (11) as it applies in relation
to a property transfer scheme or (as the case may be) a staff transfer
scheme under section 14I(1).

(14) Any reference in subsection (1) to failure to discharge a function
includes a reference to failure to discharge it properly.

Procedural requirements in connection with certain powers

14Z20 Procedural requirements in connection with certain powers

(1) Before exercising the power to dissolve a consortium under section
14Z19(7) the Board must consult the following persons—

(a) 5the commissioning consortium,

(b) relevant local authorities, and

(c) any other persons the Board considers it appropriate to consult.

(2) For that purpose, the Board must provide those persons with a
statement—

(a) 10explaining that it is proposing to exercise the power, and

(b) giving its reasons for doing so.

(3) After consulting those persons (and before exercising the power), the
Board must publish a report containing its response to the consultation.

(4) If the Board decides to exercise the power, the report must, in
15particular, explain its reasons for doing so.

(5) Regulations may make provision as to the procedure to be followed by
the Board before the exercise of the powers conferred by sections
14Z16, 14Z17 and 14Z19.

(6) The Board must publish guidance as to how it proposes to exercise the
20powers conferred by those sections.

(7) For the purposes of subsection (1) a local authority is a relevant local
authority if its area coincides with, or includes the whole or any part of,
the area of the consortium.

Disclosure of information

14Z21 25 Permitted disclosures of information

(1) A commissioning consortium may disclose information obtained by it
in the exercise of its functions if—

(a) the information has previously been lawfully disclosed to the
public,

(b) 30the disclosure is made under or pursuant to regulations under
section 113 or 114 of the Health and Social Care (Community
Health and Standards) Act 2003 (complaints about health care
or social services),

(c) the disclosure is made in accordance with any enactment or
35court order,

(d) the disclosure is necessary or expedient for the purposes of
protecting the welfare of any individual,

(e) the disclosure is made to any person in circumstances where it
is necessary or expedient for the person to have the information
40for the purpose of exercising functions of that person under any
enactment,

(f) the disclosure is made for the purpose of facilitating the exercise
of any of the consortium’s functions,

(g) the disclosure is made in connection with the investigation of a
45criminal offence (whether or not in the United Kingdom), or

(h) the disclosure is made for the purpose of criminal proceedings
(whether or not in the United Kingdom).

(2) This section has effect notwithstanding any rule of common law which
would otherwise prohibit or restrict the disclosure.

5Interpretation

14Z22 Interpretation

In this Chapter—

• “financial year”, in relation to a commissioning consortium,
  includes the period which begins on the day the consortium is
  10established and ends on the following 31 March;

• “relevant Health and Wellbeing Board”, in relation to a
  commissioning consortium, has the meaning given by section
  14Z9(9);

• “the health service” means the health service in England.”

24 15Financial arrangements for consortia

After section 223F of the National Health Service Act 2006 insert—

“Commissioning consortia

223<no value\>G Means of meeting expenditure of commissioning consortia out of
public funds

(1) 20The Board must pay in respect of each financial year to each
commissioning consortium sums not exceeding the amount allotted for
that year by the Board to the consortium towards meeting the
expenditure of the consortium which is attributable to the performance
by it of its functions in that year.

(2) 25In determining the amount to be allotted to a consortium for any year,
the Board may take into account—

(a) the expenditure of the consortium during any previous
financial year, and

(b) the amount that it proposes to hold, during the year to which
30the allotment relates, in any contingency fund established
under section 223F.

(3) An amount is allotted to a consortium for a year under this section
when the consortium is notified in writing by the Board that the
amount is allotted to it for that year.

(4) 35The Board may make a new allotment under this section increasing or
reducing an allotment previously so made.

(5) Where the Board allots an amount to a consortium or makes a new
allotment under subsection (4), it must notify the Secretary of State.

(6) The Board may give directions to a commissioning consortium with
40respect to—

(a) the application of sums paid to it by virtue of a new allotment
increasing an allotment previously so made, and

(b) the payment of sums by it to the Board in respect of charges or
other sums referable to the valuation or disposal of assets.

(a)(a)the application of sums paid to it by virtue of a new allotment
increasing an allotment previously so made, and

(b) the payment of sums by it to the Board in respect of charges or
other sums referable to the valuation or disposal of assets.

(7) Sums falling to be paid to commissioning consortia under this section
are payable subject to such conditions as to records, certificates or
5otherwise as the Board may determine.

(8) In this section and sections 223H to 223K “financial year” includes the
period which begins on the day the consortium is established and ends
on the following 31 March.

223<no value\>H Financial duties of commissioning consortia: expenditure

(1) 10Each commissioning consortium must, in respect of each financial year,
perform its functions so as to ensure that its expenditure which is
attributable to the performance by it of its functions in that year does
not exceed the aggregate of—

(a) the amount allotted to it for that year under section 223G,

(b) 15any sums received by it in that year under any provision of this
Act (other than sums received by it under section 223G), and

(c) any sums received by it in that year otherwise than under this
Act for the purpose of enabling it to defray such expenditure.

(2) The Board may by directions determine—

(a) 20whether specified sums must, or must not, be treated for the
purposes of this section as received by a specified consortium,

(b) whether specified expenditure must, or must not, be treated for
those purposes as expenditure within subsection (1) of a
specified consortium, or

(c) 25the extent to which, and the circumstances in which, sums
received by a consortium under section 223G but not yet spent
must be treated for the purposes of this section as part of the
expenditure of the consortium, and to which financial year’s
expenditure they must be attributed.

(b)(b)30whether specified expenditure must, or must not, be treated for
those purposes as expenditure within subsection (1) of a
specified consortium, or

(c) the extent to which, and the circumstances in which, sums
received by a consortium under section 223G but not yet spent
35must be treated for the purposes of this section as part of the
expenditure of the consortium, and to which financial year’s
expenditure they must be attributed.

(3) The Secretary of State may by directions require a commissioning
consortium to use specified banking facilities for any specified
40purposes.

(4) In this section, “specified” means specified in the directions.

223<no value\>I Financial duties of commissioning consortia: use of resources

(1) For the purposes of this section and section 223J—

(a) a commissioning consortium’s capital resource use, in relation
45to a financial year, means the consortium’s use of capital
resources in that year, and

(b) a commissioning consortium’s revenue resource use, in relation
to a financial year, means the consortium’s use of revenue
resources in that year.

(2) 50A commissioning consortium must ensure that its capital resource use
in a financial year does not exceed the amount specified by direction of
the Board.