Health and Social Care Bill (HL Bill 92)

provision of services which are similar to the services in respect of
which the group has functions.

(2) The payments may be made subject to such terms and conditions as the
group considers appropriate.

5Board’s functions in relation to clinical commissioning groups

14Z5 Responsibility for payments to providers

(1) The Board may publish a document specifying—

(a) circumstances in which a clinical commissioning group is liable
to make a payment to a person in respect of services provided
10by that person in pursuance of arrangements made by another
clinical commissioning group in the discharge of its
commissioning functions, and

(b) how the amount of any such payment is to be determined.

(2) A clinical commissioning group is required to make payments in
15accordance with any document published under subsection (1).

(3) Where a clinical commissioning group is required to make a payment
by virtue of subsection (2), no other clinical commissioning group is
liable to make it.

(4) Accordingly, any obligation of another clinical commissioning group to
20make the payment ceases to have effect.

(5) Any sums payable by virtue of subsection (2) may be recovered
summarily as a civil debt (but this does not affect any other method of
recovery).

(6) The Board may publish guidance for clinical commissioning groups for
25the purpose of assisting them in understanding and applying any
document published under subsection (1).

(7) In this section and section 14Z6, “commissioning functions” means the
functions of clinical commissioning groups in arranging for the
provision of services as part of the health service.

14Z6 30Guidance on commissioning by the Board

(1) The Board must publish guidance for clinical commissioning groups on
the discharge of their commissioning functions.

(2) Each clinical commissioning group must have regard to guidance
under this section.

(3) 35The Board must consult the Healthwatch England committee of the
Care Quality Commission—

(a) before it first publishes guidance under this section, and

(b) before it publishes any revised guidance containing changes
that are, in the opinion of the Board, significant.

14Z7 40Exercise of functions by the Board

(1) The Board may, at the request of a clinical commissioning group,
exercise on behalf of the group—

(a) any of its functions under section 3 or 3A which are specified in
the request, and

(b) any other functions of the group which are related to the
exercise of those functions.

(2) 5Regulations may provide that the power in subsection (1) does not
apply in relation to functions of a prescribed description.

(3) Arrangements under this section may be on such terms and conditions
(including terms as to payment) as may be agreed between the Board
and the clinical commissioning group.

(4) 10Arrangements made under this section do not affect the liability of a
clinical commissioning group for the exercise of any of its functions.

14Z8 Power of Board to provide assistance or support

(1) The Board may provide assistance or support to a clinical
commissioning group.

(2) 15The assistance that may be provided includes—

(a) financial assistance, and

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

(3) 20Assistance or support provided under this section may be provided on
such 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) 25A clinical commissioning group must comply with any restrictions
imposed under subsection (4).

Commissioning plans and reports

14Z9 Commissioning plan

(1) Before the start of each relevant period, a clinical commissioning group
30must prepare a plan setting out how it proposes to exercise its functions
in that period.

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

(a) the period which —

(i) 35begins on such day during the first financial year of the
group 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 group proposes to
40discharge its duties under—

(a) sections 14Q and 14Z, and

(b) sections 223H to 223J.

(4) The clinical commissioning group must publish the plan.

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

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

(7) 5The Board may publish guidance for clinical commissioning groups on
the discharge of their functions by virtue of this section and sections
14Z10 and 14Z11.

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

(9) 10In this Chapter, “relevant Health and Wellbeing Board”, in relation to a
clinical commissioning group, means a Health and Wellbeing Board
established by a local authority whose area coincides with, or includes
the whole or any part of, the area of the group.

14Z10 Revision of commissioning plans

(1) 15A clinical commissioning group may revise a plan published by it
under section 14Z9.

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

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

(b) 20subsections (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 clinical commissioning group revises the plan in any other way,
the group must—

(a) publish a document setting out the changes it has made to the
25plan, and

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

14Z11 Consultation about commissioning plans

(1) This section applies where a clinical commissioning group is—

(a) 30preparing a plan under section 14Z9, or

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

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

(3) 35The clinical commissioning group must involve each relevant Health
and Wellbeing Board in preparing or revising the plan.

(4) The clinical commissioning group must, in particular—

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

(b) 40consult 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
which the plan relates.

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

(6) 5Where a Health and Wellbeing Board is consulted under subsection
(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 clinical commissioning group a
10copy of its opinion.

(7) If a clinical commissioning group revises or further revises a draft after
it has 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) 15A clinical commissioning group 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 group took account of those views,
20and

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

(9) In this section, “joint health and wellbeing strategy” means a strategy
25under section 116A of the Local Government and Public Involvement
in Health Act 2007 which is prepared and published by a Health and
Wellbeing Board by virtue of section 193 of the Health and Social Care
Act 2011.

14Z12 Opinion of Health and Wellbeing Boards on commissioning plans

(1) 30A relevant Health and Wellbeing Board—

(a) may give the Board its opinion on whether a plan published by
a clinical commissioning group under section 14Z9 (4) or
14Z10 (2) takes proper account of each joint health and
wellbeing strategy published by the Health and Wellbeing
35Board which relates to the period (or any part of the period) to
which the plan relates, and

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

(2) In this section, “joint health and wellbeing strategy” has the same
40meaning as in section 14Z11.

14Z13 Reports by clinical commissioning groups

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

(2) 45An annual report must, in particular—

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

(b) review the extent to which the group 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) 5In preparing the review required by subsection (2)(b), the clinical
commissioning group must consult each relevant Health and
Wellbeing Board.

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

(5) 10A clinical commissioning group must give a copy of its annual report
to the Board before the date specified by the Board in a direction.

(6) A clinical commissioning group must—

(a) publish its annual report, and

(b) hold a meeting for the purpose of presenting the report to
15members of the public.

Performance assessment of clinical commissioning groups

14Z14 Performance assessment of clinical commissioning groups

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

(2) 20A performance assessment is an assessment of how well the clinical
commissioning group has discharged its functions during that year.

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

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

(b) 25sections 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
30relevant Health and Wellbeing Board as to its views on the clinical
commissioning group’s contribution to the delivery of any joint health
and wellbeing strategy to which the group 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) 35any 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
40conducted 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) 5that the area of a clinical commissioning group is no longer
appropriate, or

(b) that a clinical commissioning group 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
10includes 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
15expedient to have for the purposes of any of its functions in relation to
the clinical commissioning group.

(2) The persons mentioned in this subsection are—

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

(b) 20any member or employee of the group who has possession or
control of the item in question.

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

(4) The power conferred by subsection (1) includes power to require that
25any 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) In subsection (5), “personal records” has the meaning given by section
3012 of the Police and Criminal Evidence Act 1984.

14Z17 Power to require explanation

(1) Where this section applies, the Board may require the clinical
commissioning group to provide it with an explanation of any matter
which relates to the exercise by the group of any of its functions,
35including an explanation of how the group 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) in writing.

(3) 40The clinical commissioning group must comply with a requirement
imposed under subsection (1).

14Z18 Use of information

Any information, documents, records or other items that are obtained
by 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 clinical
5commissioning groups.

Intervention powers

14Z19 Power to give directions, dissolve clinical commissioning group etc.

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

(a) a clinical commissioning group is failing or has failed to
10discharge any of its functions, or

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

(2) The Board may direct the clinical commissioning group to discharge
such of those functions, and in such manner and within such period or
15periods, as may be specified in the direction.

(3) The Board may direct—

(a) the clinical commissioning group, or

(b) the accountable officer of the group,

to cease to perform any functions for such period or periods as may be
20specified in the direction.

(4) The Board may—

(a) terminate the appointment of the clinical commissioning
group’s accountable officer, and

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

(5) 25Paragraph 11(4) of Schedule 1A does not apply to an appointment
under subsection (4)(b).

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

(a) varying its area,

(b) 30adding 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 clinical commissioning group.

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

(a) 35exercise any of the functions that are the subject of the direction
on behalf of the clinical commissioning group or (as the case
may be) the accountable officer;

(b) direct another clinical commissioning group or (as the case may
be) the accountable officer of another clinical commissioning
40group to perform any of those functions on behalf of the group
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 clinical commissioning group to which a direction is given under
subsection (3) must—

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

(b) 5where a direction is given under subsection (8)(b) to another
clinical commissioning group or to the accountable officer of
another clinical commissioning group, co-operate with the
other group or (as the case may be) the accountable officer.

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

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

(12) 15In 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
or 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
20scheme 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) 25Before exercising the power to dissolve a clinical commissioning group
under section 14Z19 (7) the Board must consult the following persons—

(a) the clinical commissioning group,

(b) relevant local authorities, and

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

(2) 30For that purpose, the Board must provide those persons with a
statement—

(a) explaining 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
35Board must publish a report containing its response to the consultation.

(4) If the Board decides to exercise the power, the report must, in
particular, 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
40 14Z16, 14Z17 and 14Z19.

(6) The Board must publish guidance as to how it proposes to exercise the
powers 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 clinical commissioning group.

Disclosure of information

14Z21 5 Permitted disclosures of information

(1) A clinical commissioning group 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) 10the 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
15court 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
20for 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 clinical commissioning group’s functions,

(g) the disclosure is made in connection with the investigation of a
25criminal 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.

30Interpretation

14Z22 Interpretation

(1) In this Chapter—

• “financial year”, in relation to a clinical commissioning group,
  includes the period which begins on the day the group is
  35established and ends on the following 31 March;

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

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

• 40“health services” means services provided as part of the health
  service and, in section 14Z, also includes services that are to be
  provided as part of the health service.

(2) Any reference (however expressed) in the following provisions of this
Act to the functions of a clinical commissioning group includes a
45reference to the functions of the Secretary of State that are exercisable
by the group by virtue of arrangements under section 7A—

Health and Social Care BillPage 49

• section 6E(7) and (10)(b),

• section 14C(2)(e),

• section 14O,

• section 14P,

• 5section 14S,

• section 14T(1),

• section 14U,

• section 14V(1),

• section 14W,

• 10section 14X,

• section 14Y(1) and (2),

• section 14Z(1),

• section 14Z2(1),

• section 14Z3(2),

• 15section 14Z4(1),

• section 14Z5(7),

• section 14Z9(1),

• section 14Z13(1),

• section 14Z14(2),

• 20sections 14Z15(1), 14Z17(1) and 14Z19(1) and (3),

• section 14Z21(1),

• section 72(1),

• section 75(1)(a) and (2),

• section 77(1)(b),

• 25section 82,

• section 89(1A)(d),

• section 94(3A)(d),

• section 223C(2)(b),

• section 223H(1),

• 30in Schedule 1A, paragraphs 3(1) and (3), 5, 11(9)(b) and 15(3).

(3) Any reference (however expressed) in the following provisions of other
Acts to the functions of a clinical commissioning group includes a
reference to the functions of the Secretary of State that are exercisable
by the group by virtue of arrangements under section 7A—

• 35sections 116 to 116B of the Local Government and Public
  Involvement in Health Act 2007 (joint strategic needs
  assessments etc.),

• section 196(4) of the Health and Social Care Act 2011 (supply of
  information to Health and Wellbeing Boards),

• 40section 285(2)(d) of that Act (breaches of duties to co-operate).

• in Schedule 6 to that Act, paragraph 8(4).

(4) The Secretary of State may by order amend the list of provisions
specified in subsection (2) or (3).”