National Health Service Act 2006

[F1 Exercise of functions of Board E+W

Textual Amendments

F1 Pt. 2 Ch. A1 inserted (27.3.2012 for specified purposes, 1.10.2012 for specified purposes, 1.2.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 23(1), 306(1)(d)(4); S.I. 2012/1831, art. 2(2) (with art. 4); S.I. 2012/2657, art. 2(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

13Z Exercise of functions E+W

(1) This section applies to functions exercisable by the Board under or by virtue of this Act or any prescribed provision of any other Act.

(2) The Board may arrange for any such function to be exercised by or jointly with—

(a) a Special Health Authority,

(b) a clinical commissioning group, or

(c) such other body as may be prescribed.

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

(4) Where any functions are (by virtue of subsection (2)) exercisable jointly by the Board and another body, they may be exercised by a joint committee of the Board and the other body.

(5) 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 other party to the arrangements.

(6) Arrangements made under this section do not affect the liability of the Board for the exercise of any of its functions.

[F2 (7) This section is subject to sections 13ZA and 13ZB in the case of arrangements that are devolved arrangements (within the meaning of section 13ZA).]]

Textual Amendments

F2 S. 13Z(7) inserted (28.1.2016 for specified purposes) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 4 para. 3

[F3 13ZA Section 13Z: further provision in relation to devolved arrangements E+W

(1) This section applies to arrangements under section 13Z(2) for one or more functions of the Board to be exercised in relation to a particular area by or jointly with a relevant prescribed body (“devolved arrangements”).

(2) “Relevant prescribed body” means a body prescribed under section 13Z(2)(c) that is either—

(a) a combined authority whose area includes the whole or part of the area to which the arrangements relate, or

(b) a local authority (within the meaning of section 2B) whose area includes the whole or part of that area.

(3) The power of the Board under section 13Z(2) to enter into devolved arrangements in relation to any functions includes power to arrange for such functions to be exercised in relation to the area to which the arrangements relate—

(a) by the relevant prescribed body jointly with one or more other eligible bodies;

(b) jointly with the Board, the relevant prescribed body and one or more other eligible bodies.

(4) A body is an “eligible body” if it—

(a) falls within paragraph (a), (b) or (c) of section 13Z(2), and

(b) exercises functions in relation to the area to which the arrangements relate.

(5) Where, by virtue of subsection (3), the Board enters into devolved arrangements with a relevant prescribed body and one or more eligible bodies, at least one of those eligible bodies must be a clinical commissioning group.

(6) Where, by virtue of subsection (3), one or more eligible bodies are a party to devolved arrangements, the power under section 13Z(4) to establish a joint committee includes a power to establish a joint committee of which one or more of the eligible bodies are members.

(7) But the members of a joint committee established under section 13Z(4) by virtue of subsection (6) must include—

(a) the relevant prescribed body;

(b) at least one clinical commissioning group with whom a function is exercised jointly under the devolved arrangements;

(c) if under the devolved arrangements a function is exercisable jointly with the Board, the Board.

(8) The terms and conditions on which devolved arrangements are made may include terms authorising a joint committee established by virtue of subsection (6) to establish and maintain a pooled fund.

(9) A pooled fund is a fund—

(a) which is made up of payments received from the Board under the devolved arrangements in accordance with terms of payment agreed under section 13Z(5), and

(b) out of which payments may be made towards expenditure incurred in the discharge of any of the functions in relation to which the devolved arrangements are made.

Textual Amendments

F3 Ss. 13ZA, 13ZB inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 4 para. 4

13ZB Section 13Z: arrangements in relation to the function under section 3B(1)(d) E+W

(1) This section applies to arrangements under section 13Z(2) that are or include arrangements in relation to the exercise of a relevant commissioning function.

(2) “Relevant commissioning function” means a function of the Board under section 3B(1)(d) of arranging for the provision of services or facilities in respect of a particular area (“the commissioning area”).

(3) The power to enter into the arrangements under section 13Z is subject to the following provisions of this section.

(4) The arrangements must provide for the relevant commissioning function to be exercisable by at least one relevant prescribed body jointly with—

(a) one or more eligible bodies, or

(b) the Board and one or more eligible bodies,

(and the arrangements are, accordingly, devolved arrangements to which section 13ZA applies).

(5) At least one of the eligible bodies mentioned in subsection (4) must be a clinical commissioning group.

(6) The Board may enter into the arrangements in relation to the provision of a service or facility in the commissioning area only if it considers it appropriate to do so having regard to—

(a) the impact on the provision of the service or facility in the commissioning area;

(b) the impact on the provision of the service or facility in other areas;

(c) the number of persons in the commissioning area to whom the service or facility is provided;

(d) the number of persons who are able to provide the service or facility;

(e) the cost of providing the service or facility;

(f) the financial implications for the relevant prescribed body, and for other bodies, with whom the arrangements are made.

(7) Regulations may provide for this section not to apply to arrangements so far as relating to a relevant commissioning function of a prescribed description.

(8) In this section, “eligible body” and “relevant prescribed body” have the same meaning as in section 13ZA.]

Textual Amendments

F3 Ss. 13ZA, 13ZB inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), s. 25(2), Sch. 4 para. 4