Health and Care Bill (HL Bill 71)

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14Z47 Power to make grants

(1)An integrated care board may make payments—

(a)by way of grant to any of its partner NHS trusts or NHS
foundation trusts;

(b)5by way of grant or loan to a voluntary organisation which
provides or arranges for the provision of services which are
similar to the services in respect of which the integrated care
board has functions.

(2)The payments may be made subject to such terms as the integrated care
10board considers appropriate.

(3)For the purposes of this Act an NHS trust or NHS foundation trust is a
“partner” of an integrated care board if the trust—

(a)provides services for the purposes of the health service within
the integrated care board’s area, and

(b)15has the function, under the integrated care board’s constitution,
of participating in the nomination of members as a result of
falling within a description prescribed for the purposes
paragraph 8(2)(a) of Schedule 1B.

NHS England’s functions in relation to integrated care boards
14Z48 20 Responsibility for payments to providers

(1)NHS England may publish a document specifying—

(a)circumstances in which an integrated care board is liable to
make a payment to a person in respect of services provided by
that person in pursuance of arrangements made by another
25integrated care board in the discharge of commissioning
functions, and

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

(2)An integrated care board is required to make payments in accordance
with any document published under subsection (1).

(3)30Where an integrated care board is required to make a payment by
virtue of subsection (2), no other integrated care board is liable to make
it.

(4)Accordingly, any obligation of another integrated care board to make
the payment ceases to have effect.

(5)35Any 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)NHS England may publish guidance for integrated care boards for the
purpose of assisting them in understanding and applying any
40document published under subsection (1).

(7)In this section “commissioning functions” means the functions of
integrated care boards in arranging for the provision of services as part
of the health service.

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14Z49  Guidance by NHS England

(1)NHS England must publish guidance for integrated care boards on the
discharge of their functions.

(2)Each integrated care board must have regard to guidance under this
5section.

Forward planning and reports
14Z50 Joint forward plans for integrated care board and its partners

(1)Before the start of each financial year, an integrated care board and its
partner NHS trusts and NHS foundation trusts must prepare a plan
10setting out how they propose to exercise their functions in the next five
years.

(2)The plan must, in particular—

(a)explain how the integrated care board proposes to discharge its
duties under—

15section 14Z34 (improvement in quality of services),

section 14Z35 (reducing inequalities),

section 14Z43 (duty to have regard to effect of
decisions),

section 14Z44 (public involvement and consultation),
20and

sections 223GB to 223N (financial duties);

(b)set out any steps that the integrated care board proposes to take
to implement any joint local health and wellbeing strategy to
which it is required to have regard under section 116B(1) of the
25Local Government and Public Involvement in Health Act 2007.

(c)set out any steps that the integrated care board proposes to take
to address the particular needs of victims of abuse (including
domestic abuse and sexual abuse, whether of children or
adults).

(3)30The integrated care board and its partner NHS trusts and NHS
foundation trusts must publish the plan.

(4)The integrated care board and its partner NHS trusts and NHS
foundation trusts must give a copy of the plan to—

(a)the integrated care partnership for the board’s area,

(b)35each relevant Health and Wellbeing Board, and

(c)NHS England.

(5)NHS England may give a direction as to the date by which subsection
(4) must be complied with.

(6)An integrated care board and its partner NHS trusts and NHS
40foundation trusts must have regard to the plan under subsection (1).

(7)In this Chapter “relevant Health and Wellbeing Board”, in relation to an
integrated care board (or an integrated care board and its partner NHS
trusts and NHS foundation trusts), means a Health and Wellbeing
Board established by a local authority whose area coincides with, or
45includes the whole or any part of, the area of the integrated care board.

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(8)In this Act “financial year”, in relation to an integrated care board,
means—

(a)the period beginning with the date on which the integrated care
board is established and ending with the 31 March following
5that date, and

(b)each successive period of twelve months.

14Z51 Revision of forward plans

(1)An integrated care board and its partner NHS trusts and NHS
foundation trusts may revise a plan published under section 14Z50.

(2)10If the integrated care board and its partner NHS trusts and NHS
foundation trusts revise the plan in a way that they consider to be
significant, section 14Z50(3) and (4) apply in relation to the revised plan
as they applied in relation to the original plan.

(3)If the integrated care board and its partner NHS trusts and NHS
15foundation trusts revise the plan in any other way they must—

(a)publish a document setting out the changes, and

(b)give a copy of the document to—

(i)the integrated care partnership for the board’s area,

(ii)each relevant Health and Wellbeing Board, and

(iii)20NHS England.

14Z52 Consultation about forward plans

(1)This section applies where an integrated care board and its partner
NHS trusts and NHS foundation trusts are—

(a)preparing a plan under section 14Z50, or

(b)25revising a plan under section 14Z51 in a way that they consider
to be significant.

(2)The integrated care board and its partner NHS trusts and NHS
foundation trusts must consult—

(a)the group of people for whom the integrated care board has
30core responsibility, and

(b)any other persons they consider it appropriate to consult.

(3)The integrated care board and its partner NHS trusts and NHS
foundation trusts must involve each relevant Health and Wellbeing
Board in preparing or revising the plan.

(4)35The integrated care board and its partner NHS trusts and NHS
foundation trusts 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)consult each relevant Health and Wellbeing Board on whether
40the draft takes proper account of each joint local 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)

(a)45it must respond with its opinion on the matter mentioned there;

(b)it may also give that opinion to NHS England.

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(6)Where a Health and Wellbeing Board gives its opinion to NHS England
under subsection (5)(b) it must inform the integrated care board and its
partner NHS trusts and NHS foundation trusts that it has done so
(unless it informed them, in advance, that it was planning to do so).

(7)5If an integrated care board and its partner NHS trusts and NHS
foundation trusts revise or further revise a draft after it has been given
to each relevant Health and Wellbeing Board under subsection (4),
subsections (4) and (5) apply in relation to the revised draft as they
applied in relation to the original draft.

(8)10An integrated care board and its partner NHS trusts and NHS
foundation trusts must include in a plan published under section
14Z50(3)

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

(b)15an explanation of how they took account of those views, and

(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 local health and wellbeing strategy” means a
20strategy under section 116A of the Local Government and Public
Involvement in Health Act 2007.

14Z53 Opinion of Health and Wellbeing Boards on forward plan

(1)A relevant Health and Wellbeing Board—

(a)may give NHS England its opinion on whether a plan published
25by an integrated care board and its partner NHS trusts and NHS
foundation trusts under section 14Z50(3) takes proper account
of each joint local 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, and

(b)30if it does so, must give the integrated care board and its partner
NHS trusts and NHS foundation trusts a copy of its opinion.

(2)In this section, “joint local health and wellbeing strategy” has the same
meaning as in section 14Z52(9).

14Z54 Joint capital resource use plan for integrated care board and its
35partners

(1)Before the start of each financial year, an integrated care board and its
partner NHS trusts and NHS foundation trusts must prepare a plan
setting out their planned capital resource use.

(2)The plan must relate to such period as may be specified in a direction
40by the Secretary of State.

(3)The Secretary of State must publish any direction under subsection (2).

(4)The integrated care board and its partner NHS trusts and NHS
foundation trusts must publish the plan.

(5)The integrated care board and its partner NHS trusts and NHS
45foundation trusts must give a copy of the plan to—

(a)the integrated care partnership for the board’s area,

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(b)each relevant Health and Wellbeing Board, and

(c)NHS England.

(6)NHS England may give a direction as to the date by which subsection
(5) must be complied with.

(7)5NHS England may publish guidance about the discharge by an
integrated care board and its partner NHS trusts and NHS foundation
trusts of their functions under this section.

(8)An integrated care board and its partner NHS trusts and NHS
foundation trusts must have regard to any guidance published under
10subsection (7).

(9)NHS England may give directions, in relation to a financial year—

(a)specifying descriptions of resources which must, or must not,
be treated as capital resources for the purposes of this section;

(b)specifying uses of capital resources which must, or must not, be
15taken into account for the purposes of this section.

(10)The reference in subsection (1) to the use of capital resources is a
reference to its expenditure, consumption or reduction in value.

14Z55 Revision of joint capital resource use plans

(1)An integrated care board and its partner NHS trusts and NHS
20foundation trusts may revise a plan published under section 14Z54.

(2)If the integrated care board and its partner NHS trusts and NHS
foundation trusts revise the plan in a way that they consider to be
significant, section 14Z54(4) and (5) apply in relation to the revised plan
as they applied in relation to the original plan.

(3)25If the integrated care board and its partner NHS trusts and NHS
foundation trusts revise the plan in any other way, they must—

(a)publish a document setting out the changes, and

(b)give a copy of the document to—

(i)the integrated care partnership for the board’s area,

(ii)30each relevant Health and Wellbeing Board, and

(iii)NHS England.

14Z56 Annual report

(1)An integrated care board must, in each financial year, prepare a report
(an “annual report”) on how it has discharged its functions in the
35previous financial year.

(2)An annual report must, in particular—

(a)explain how the integrated care board has discharged its duties
under—

section 14Z34 (improvement in quality of services),

40section 14Z35 (reducing inequalities),

section 14Z43 (duty to have regard to effect of
decisions), and

section 14Z44 (public involvement and consultation),

(b)review the extent to which the board has exercised its functions
45in accordance with the plans published under—

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section 14Z50 (forward plan), and

section 14Z54 (capital resource use plan), and

(c)review any steps that the board has taken to implement any
joint local health and wellbeing strategy to which it was
5required to have regard under section 116B(1) of the Local
Government and Public Involvement in Health Act 2007.

(3)In undertaking the review required by subsection (2)(c), an integrated
care board must consult each relevant Health and Wellbeing Board.

(4)NHS England may give directions to integrated care boards as to the
10form and content of an annual report.

(5)An integrated care board must—

(a)give a copy of its annual report to NHS England before the date
specified by NHS England in a direction, and

(b)publish a copy of the annual report.

15Performance assessment of integrated care boards
14Z57 Performance assessment of integrated care boards

(1)NHS England must conduct a performance assessment of each
integrated care board in respect of each financial year.

(2)A performance assessment is an assessment of how well the integrated
20care board has discharged its functions during that year.
The assessment must, in particular, include an assessment of how well
the integrated care board has discharged its duties under—

(a)section 14Z34 (improvement in quality of services),

(b)section 14Z35 (reducing inequalities),

(c)25section 14Z38 (obtaining appropriate advice),

(d)section 14Z43 (duty to have regard to effect of decisions),

(e)section 14Z44 (public involvement and consultation),

(f)sections 223GB to 223N (financial duties), and

(g)section 116B(1) of the Local Government and Public
30Involvement in Health Act 2007 (duty to have regard to
assessments and strategies).

(4)In conducting a performance assessment, NHS England must consult
each relevant Health and Wellbeing Board as to its views on any steps
that the board has taken to implement any joint local health and
35wellbeing strategy to which the board was required to have regard
under section 116B(1) of that Act of 2007.

(5)In conducting a performance assessment, NHS England must, in
particular, have regard to—

(a)any guidance published by the Secretary of State for the
40purposes of this section, and

(b)any guidance published under section 14Z49.

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

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Power of NHS England to obtain information
14Z58 Power of NHS England to obtain information

(1)NHS England may require an integrated care board to provide NHS
England with information.

(2)5The information must be provided in such form, and at such time or
within such period, as NHS England may require.

Intervention powers
14Z59 Power to give directions to integrated care boards

(1)This section applies if NHS England is satisfied that—

(a)10an integrated care board is failing or has failed to discharge any
of its functions, or

(b)there is a significant risk that an integrated care board will fail
to do so.

(2)NHS England may direct the integrated care board to discharge such of
15those functions in such manner and within such period or periods as
may be specified in the direction.

(3)NHS England may direct—

(a)the integrated care board, or

(b)the chief executive of the integrated care board,

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

(4)NHS England may—

(a)terminate the appointment of the integrated care board’s chief
executive, and

(b)25direct the chair of the board as to which individual to appoint as
a replacement and on what terms.

(5)Where a direction is given under subsection (3)(a)NHS England may—

(a)exercise, on behalf of the integrated care board, any of the
functions that are the subject of the direction;

(b)30direct another integrated care board to perform any of those
functions on behalf of the integrated care board, in such manner
and within such period or periods as may be specified in the
direction.

(6)A direction under subsection (5)(b) may include provision prohibiting
35or restricting the integrated care board from making delegation
arrangements in relation to a function that is exercisable by it by virtue
of the direction.

(7)In subsection (6) “delegation arrangements” means arrangements
made by a person for the exercise of a function by someone else.

(8)40Where a direction is given under subsection (3)(b)NHS England may—

(a)exercise, on behalf of the chief executive, any of the functions
that are the subject of the direction;

(b)direct the chief executive of another integrated care board to
perform any of those functions on behalf of the chief executive,

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in such manner and within such period or periods as may be
specified in the direction.

(9)For the purposes of this section—

(a)a failure to discharge a function includes a failure to discharge
5it properly, and

(b)a failure to discharge a function properly includes a failure to
discharge it consistently with what NHS England considers to
be the interests of the health service.

14Z60 Section 14Z59 directions: consultation and cooperation

(1)10Before exercising the power conferred by section 14Z59(5)(b) or (8)(b)
NHS England must consult the integrated care board to which it is
proposing to give the direction or to whose chief executive it is
proposing to give the direction.

(2)Where a direction is given under section 14Z59(3)(b) to the chief
15executive of an integrated care board, that board must co-operate with
any chief executive to whom a direction is given under subsection
(8)(b).

Disclosure of information
14Z61 Permitted disclosures of information

(1)20An integrated care board 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)the disclosure is made under or pursuant to regulations under
25section 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
court order,

(d)30the 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
for the purpose of exercising functions of that person under any
35enactment,

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

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

(h)40the disclosure is made for the purpose of criminal proceedings
(whether or not in the United Kingdom).

(2)Subsection (1)(a) to (c) and (h) have effect notwithstanding any rule of
common law which would otherwise prohibit or restrict the disclosure.

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Interpretation
14Z62 Interpretation

In this Chapter—

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

  • 5“health services” means services provided as part of the health
    service;

  • “integrated care partnership” has the meaning given by section
    116ZA(1) of the Local Government and Public Involvement in
    Health Act 2007;

  • 10“relevant Health and Wellbeing Board”, in relation to an
    integrated care board, has the meaning given by section
    14Z50(7).”

(3)In section 48 (power to obtain information from NHS foundation trust)—

(a)after subsection (1) insert—

(1A)15An integrated care board may require any of its partner NHS
foundation trusts to provide it with any information that it
requires.”;

(b)for subsection (2), substitute—

(2)Information required under this section must be provided in
20such form, and at such time or within such period, as may be
specified by the person imposing the requirement.”

(4)In Schedule 4 (NHS trusts: constitution etc), in paragraph 13—

(a)the existing provision becomes sub-paragraph (1);

(b)after that sub-paragraph insert—

(2)25An integrated care board may require any of its partner NHS
trusts to provide it with any information that it requires.

(3)Information required under sub-paragraph (2) must be
provided in such form, and at such time or within such
period, as may be specified by the integrated care board.”

30Integrated care partnerships

21 Integrated care partnerships and strategies

(1)The Local Government and Public Involvement in Health Act 2007 is amended
in accordance with subsections (2) to (6).

(2)In section 104 (interpretation: partner authorities), in subsection (2), for
35paragraph (ja) substitute—

(ja)an integrated care board;”.

(3)In section 116 (health and social care: joint strategic needs assessments)—

(a)in subsection (4), for paragraph (b) substitute—

(b)each of its partner integrated care boards,”;

(b)40after subsection (5) insert—

(5A)The responsible local authority must give a copy of each
assessment of relevant needs prepared under this section to any

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integrated care partnership established under section 16ZA
whose area coincides with or includes the whole or part of the
area of the responsible local authority.”;

(c)in subsections (6) and (7), for “clinical commissioning group”, in each
5place it occurs, substitute “integrated care board”;

(d)in subsection (8), for “clinical commissioning groups” substitute
“integrated care boards”;

(e)in subsections (8A) and (9), for “clinical commissioning group”, in each
place it occurs, substitute “integrated care board”.

(4)10After section 116 insert—

116ZA Integrated care partnerships

(1)An integrated care board and each responsible local authority whose
area coincides with or falls wholly or partly within the board’s area
must establish a joint committee for the board’s area (an “integrated
15care partnership”).

(2)The integrated care partnership for an area is to consist of—

(a)one member appointed by the integrated care board,

(b)one member appointed by each of the responsible local
authorities, and

(c)20any members appointed by the integrated care partnership.

(3)An integrated care partnership may determine its own procedure
(including quorum).

116ZB Integrated care strategies

(1)An integrated care partnership must prepare a strategy (an “integrated
25care strategy”) setting out how the assessed needs in relation to its area
are to be met by the exercise of functions of—

(a)the integrated care board for its area,

(b)NHS England, or

(c)the responsible local authorities whose areas coincide with or
30fall wholly or partly within its area.

(2)In preparing a strategy under this section, an integrated care
partnership must, in particular, consider the extent to which the needs
could be met more effectively by the making of arrangements under
section 75 of the National Health Service Act 2006 (rather than in any
35other way).

(3)In preparing a strategy under this section, an integrated care
partnership must have regard to—

(a)the mandate published by the Secretary of State under section
13A of the National Health Service Act 2006, and

(b)40any guidance issued by the Secretary of State.

(4)In preparing a strategy under this section, an integrated care
partnership must—

(a)involve the Local Healthwatch organisations whose areas
coincide with or fall wholly or partly within its area, and

(b)45involve the people who live or work in that area.