Health and Care Bill (HL Bill 71)

continued    

(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
5determine 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
10the 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
15care 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)20an 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)25the Health Services Safety Investigations Body,

(viii)the Human Tissue Authority,

(ix)the Human Fertilisation and Embryology
Authority, or

(x)NICE.

(5)30The Secretary of State may by regulations amend this paragraph
so as to provide that other references in this Act to an employee of
an integrated care board include persons, or persons of a
prescribed description, seconded to the board.

Additional powers in respect of payment of allowances

2035An integrated care board may pay such allowances as it considers
appropriate to a member of a committee or sub-committee of the
integrated care board who is not a member of the board.

Externally financed development agreements

21(1)The powers of an integrated care board include power to enter
40into 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
5facilities 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)10If 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)15In sub-paragraph (3)(b) “another party” means any party to the
agreement other than the integrated care board.

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

Accounts and audits

22(1)20An 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,
25direct 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
30accounts 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)35Accounts 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)40An 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
45specified in a direction by NHS England.

Incidental powers

23The power conferred on an integrated care board by section 2
includes, in particular, power to—

(a)enter into agreements,

(b)5acquire and dispose of property, and

(c)accept gifts (including property to be held on trust for the
purposes of the integrated care board).

Seal and evidence

24(1)The application of an integrated care board’s seal must be
10authenticated 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
15executed or signed.”

2In section 272 of that Act (orders, regulations, rules and directions)), in
subsection (6), after paragraph (d) (inserted by section 12 of this Act),
insert—

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

section 17

20Schedule 3 Conferral of primary care functions on integrated care boards etc

Part 1 Conferral of functions etc

Preliminary

125The National Health Service Act 2006 is amended as follows.

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

2In section 3B (Secretary of State’s power to require NHS England to
commission services), in subsection (1)—

(a)before paragraph (a) insert—

“(za)30primary medical services of a prescribed
description;”;

(b)after paragraph (a), insert—

“(aa)primary ophthalmic services of a prescribed
description;”.

Medical services

3For section 83 and the italic heading before it substitute—

“Meaning of primary medical services

82A Primary medical services for purposes of this Act

(1)5Regulations may provide that services of a prescribed description
must, or must not, be regarded as primary medical services for the
purposes of this Act.

(2)Regulations under this section may, in particular, describe services
by reference to the manner or circumstances in which they are
10provided.

Duty of integrated care boards to arrange primary medical services

82B Duty of integrated care boards to arrange primary medical services

(1)Each integrated care board must exercise its powers so as to secure
the provision of primary medical services to such extent as it
15considers necessary to meet the reasonable requirements of the
persons for whom it has responsibility.

(2)For the purposes of this section an integrated care board has
responsibility for—

(a)the group of people for whom it has core responsibility (see
20section 14Z31), and

(b)such other people as may be prescribed (whether generally or
in relation to a prescribed service).

General functions

83 General power to make arrangements

(1)25An integrated care board may make such arrangements for the
provision of primary medical services as it considers appropriate for
the purpose of discharging its functions under section 82B (and may,
in particular, make contractual arrangements with any person).

(2)NHS England may make such arrangements for the provision of
30primary medical services as it considers appropriate for the purpose
of discharging any functions under section 3B(1) (and may, in
particular, make contractual arrangements with any person).

(3)The arrangements that may be made under this section include—

(a)in the case of an integrated care board, arrangements for the
35performance of a service outside its area (whether or not in
England);

(b)in the case of NHS England, arrangements for the
performance of a service outside England.

(4)Arrangements under this section may confer discretions on a person
40with whom they are made in relation to anything to be provided
under the arrangements.

(5)The powers under this section are in addition to the powers
conferred by sections 84 and 92.

83A Publication of information

Each integrated care board and NHS England must publish
5information about such matters as may be prescribed in relation to
the primary medical services provided under this Act.”

4(1)Section 84 (general medical services contracts: introductory) is amended as
follows.

(2)In subsection (1), for “The Board” substitute “An integrated care board or
10NHS England”.

(3)In subsection (3) for “the Board” substitute “the integrated care board or
NHS England (as the case may be)”.

(4)For subsection (4) substitute—

“(4)The services to be provided under a general medical services
15contract may include services which are not primary medical
services.

(4A)The services to be provided under a general medical services
contract may include—

(a)in the case of a contract entered into by an integrated care
20board, services to be performed outside its area (whether or
not in England);

(b)in the case of a contract entered into by NHS England,
services to be performed outside England.

(4B)A general medical services contract may confer discretions on a
25person with whom it is made in relation to anything to be provided
under the contract.”

(5)In subsection (5), for “the Board” substitute “the integrated care board or
NHS England”.

5In section 86 (persons eligible to enter into GMS contracts), in subsection (1),
30for “The Board” substitute “An integrated care board or NHS England”.

6In section 87 (GMS contracts: payments), in subsection (3)(d), for “the Board”
substitute “an integrated care board or NHS England”.

7(1)Section 89 (GMS contracts: other required terms) is amended as follows.

(2)Omit subsections (1A) to (1E).

(3)35In subsection (4)(a), for “the Board” substitute “an integrated care board or
NHS England”.

8(1)Section 91 (persons performing primary medical services) is amended as
follows.

(2)In subsection (1), for “the Board”, in the first place it occurs, substitute “an
40integrated care board or NHS England”.

(3)In subsection (2), for paragraph (b) substitute—

“(b)an integrated care board or NHS England is responsible for a
primary medical service if it secures its provision under or by
virtue of any enactment.”

9(1)5Section 92 (arrangements for the provision of primary medical services) is
amended as follows.

(2)In the heading, for “the Board” substitute “an integrated care board or NHS
England”.

(3)For subsection (1), substitute—

“(1)10An integrated care board or NHS England may make agreements,
other than arrangements pursuant to section 83 or general medical
services contracts, under which primary medical services are
provided.”

(4)After subsection (5) insert—

“(5A)15An agreement may confer discretions on a person with whom it is
made in relation to anything to be provided under the agreement.”

10In section 93 (persons with whom agreements may be made under
section 92), in subsection (1), for “The Board” substitute “An integrated care
board or NHS England”.

11(1)20Section 94 (regulations about section 92 arrangements) is amended as
follows.

(2)In subsection (2), for “the Board” substitute “an integrated care board or
NHS England”.

(3)In section (3), for paragraph (ca) substitute—

“(ca)25provide that section 92 arrangements made by an integrated
care board may be made in relation to services to be
performed outside its area (whether or not in England),

(cb)provide that section 92 arrangements made by NHS England
may be made in relation to services to be performed outside
30England,”.

(4)Omit subsections (3A) to (3E).

(5)In subsection (6), for “the Board” substitute “an integrated care board or
NHS England”.

(6)In subsection (7), omit “to” in the first place it occurs.

12(1)35Section 96 (assistance and support: primary medical services) is amended as
follows.

(2)In subsection (1)—

(a)for “The Board” substitute “An integrated care board”;

(b)in paragraph (za), for “83(2)” substitute “83”.

(3)40In subsection (2)—

(a)for “the Board”, in the first place it occurs, substitute “an integrated
care board”;

(b)for “the Board”, in the second place it occurs, substitute “the
integrated care board”.

13(1)Section 97 (Local Medical Committees) is amended as follows.

(2)In subsection (1), for “The Board may recognise a committee formed for an
5area, which it is satisfied” substitute “An integrated care board may
recognise a committee formed for an area that includes the whole or part of
the integrated care board’s area if it is satisfied that the committee”.

(3)In subsection (3)(b), for “the Board” substitute “the integrated care board”.

(4)In subsection (6), for “the Board” substitute “an integrated care board”.

(5)10In subsection (10)—

(a)for “The Board” substitute “An integrated care board”;

(b)in paragraphs (a) and (b), for “the Board” substitute “the integrated
care board”.

14For section 98A substitute—

“98A 15Delegation of Secretary of State’s functions to NHS England

(1)The Secretary of State may direct NHS England to exercise any of the
Secretary of State’s functions relating to the provision of primary
medical services.

(2)Subsection (1) does not apply to any function of the Secretary of State
20of making an order or regulations.

98B NHS England’s power to direct integrated care boards

NHS England may give directions to an integrated care board about
the exercise by it of any of its functions under this Part.”

Dental services

1525For section 99 and the italic heading before it substitute—

“Meaning of primary dental services

98BC Primary dental services for purposes of this Act

(1)Regulations may provide that services of a prescribed description
must, or must not, be regarded as primary dental services for the
30purposes of this Act.

(2)Regulations under this section may, in particular, describe services
by reference to the manner or circumstances in which they are
provided.

Duty of integrated care boards to arrange primary dental services

99 35Duty of integrated care boards to arrange primary dental services

(1)Each integrated care board must exercise its powers so as to secure
the provision of primary dental services to such extent as it considers
necessary to meet the reasonable requirements of the people for
whom it has responsibility.

(2)For the purposes of this section an integrated care board has
responsibility for—

(a)the group of people for whom it has core responsibility (see
section 14Z31), and

(b)5such other people as may be prescribed (whether generally or
in relation to a prescribed service).

General functions

99A General power to make arrangements

(1)An integrated care board may make such arrangements for the
10provision of primary dental services as it considers appropriate for
the purpose of discharging its functions under section 99 (and may,
in particular, make contractual arrangements with any person).

(2)NHS England may make such arrangements for the provision of
primary dental services as it considers appropriate for the purpose of
15discharging any functions under section 3B(1) (and may, in
particular, make contractual arrangements with any person).

(3)The arrangements that may be made under this section include—

(a)in the case of an integrated care board, arrangements for the
performance of a service outside its area (whether or not in
20England);

(b)in the case of NHS England, arrangements for the
performance of a service outside England.

(4)The powers in this section are in addition to the powers conferred by
sections 100 and 107.

99B 25Publication of information

Each integrated care board and NHS England must publish
information about such matters as may be prescribed in relation to
the primary dental services provided under this Act.”

16(1)Section 100 (general dental services contracts: introductory) is amended as
30follows.

(2)In subsection (1), for “The Board” substitute “An integrated care board or
NHS England”.

(3)In subsection (3)—

(a)for “the Board” substitute “the integrated care board or NHS
35England (as the case may be)”;

(b)in paragraph (a) omit the words from “(which” to the end.

(4)After subsection (3) insert—

“(3A)The services to be provided under a general dental services contract
may include services which are not primary dental services.

(3B)40The services to be provided under a general dental services contract
may include—

(a)in the case of a contract entered into by an integrated care
board, services to be performed outside its area (whether or
not in England);

(b)in the case of a contract entered into by NHS England,
services to be performed outside England.”

(5)In subsection (4), for “the Board” substitute “the integrated care board or
NHS England”.

175In section 102 (persons eligible to enter into GDS contracts), in subsection (1),
for “The Board” substitute “An integrated care board or NHS England”.

18In section 103 (GDS contracts: payments), in subsection (3)(d), for “the
Board” substitute “an integrated care board or NHS England”.

19In section 104 (GDS contracts: other required terms), in subsection (3), for
10“the Board” substitute “an integrated care board or NHS England”.

20(1)Section 106 (persons performing primary dental services) is amended as
follows.

(2)In subsection (1), for “the Board”, in the first place it occurs, substitute “an
integrated care board or NHS England”.

(3)15In subsection (2), for paragraph (b) substitute—

“(b)an integrated care board or NHS England is responsible for a
primary dental service if it secures its provision under or by
virtue of any enactment.”

21(1)Section 107 (arrangements for the provision of primary dental services) is
20amended as follows.

(2)In the heading, for “the Board” substitute “an integrated care board or NHS
England”.

(3)For subsection (1) substitute—

“(1)An integrated care board or NHS England may make agreements,
25other than arrangements pursuant to section 99A or general dental
services contracts, under which primary dental services are
provided.”

(4)Omit subsection (6).

22In section 108 (persons with whom agreements may be made under
30section 107), in subsection (1), for “The Board” substitute “An integrated care
board or NHS England”.

23(1)Section 109 (regulations about section 107 arrangements) is amended as
follows.

(2)In subsection (2), for “the Board” substitute “an integrated care board or
35NHS England”.

(3)In section (3), for paragraph (ca) substitute—

“(ca)provide that section 107 arrangements made by an integrated
care board may be made in relation to services to be
performed outside its area (whether or not in England),

(cb)40provide that section 107 arrangements made by NHS
England may be made in relation to services to be performed
outside England,”.

(4)In subsection (6), for “the Board” substitute “an integrated care board or
NHS England”.

(5)In subsection (7), omit “to” in the first place it occurs.

24(1)Section 112 (assistance and support: primary dental services) is amended as
5follows.

(2)In subsection (1)—

(a)for “The Board” substitute “An integrated care board”;

(b)before paragraph (a) insert—

“(za)primary dental services pursuant to section 99A,”.

(3)10In subsection (2)—

(a)for “the Board”, in the first place it occurs, substitute “an integrated
care board”;

(b)for “the Board”, in the second place it occurs, substitute “the
integrated care board”.

25(1)15Section 113 (Local Dental Committees) is amended as follows.

(2)In subsection (1), for “The Board may recognise a committee formed for an
area, which it is satisfied” substitute “An integrated care board may
recognise a committee formed for an area that includes the whole or part of
the integrated care board’s area if it is satisfied that the committee”.

(3)20In subsection (3)—

(a)in paragraph (a), omit sub-paragraph (i);

(b)in paragraph (b), for “the Board” substitute “the integrated care
board”.

(4)In subsection (6), for “the Board” substitute “an integrated care board”.

(5)25In subsection (10)—

(a)for “The Board” substitute “An integrated care board”;

(b)in paragraphs (a) and (b), for “the Board” substitute “the integrated
care board”.

26For section 114A substitute—

“114A 30 Delegation of Secretary of State’s functions to NHS England

(1)The Secretary of State may direct NHS England to exercise any of the
Secretary of State’s functions relating to the provision of primary
dental services.

(2)Subsection (1) does not apply to any function of the Secretary of State
35of making an order or regulations.

114B NHS England’s power to direct integrated care boards

NHS England may give directions to an integrated care board about
the exercise by it of any of its functions under this Part.”