National Health Service Act 2006

[F1 PART 1 E+W Constitution of integrated care boards

Textual Amendments

F1 Sch. 1B inserted (9.5.2022 but only for the insertion of Sch. 1B Pt. 1, 1.7.2022 in so far as not already in force) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 2 para. 1; S.I. 2022/515, reg. 2(e); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Introduction E+W

1 An integrated care board must have a constitution.

Name and area E+W

2 The constitution must specify—

(a) the name of the integrated care board, and

(b) the area for which it is established.

Membership: general E+W

3 (1) The constitution must provide for the integrated care board to consist of—

(a) a chair (see paragraphs 5 and 6),

(b) a chief executive (see paragraph 7), and

(c) at least three other members (see paragraph 8).

(2) In this Part of this Schedule a reference to an “ordinary member” is to a member other than the chair or chief executive.

4 The constitution must prohibit a person from appointing someone as a member (“the candidate”) if they consider that the appointment could reasonably be regarded as undermining the independence of the health service because of the candidate’s involvement with the private healthcare sector or otherwise.

Chair E+W

5 The constitution must provide for the chair to be appointed by NHS England, with the approval of the Secretary of State.

6 The constitution may not confer power to remove the chair from office on any person other than NHS England, and any such power must be expressed to be subject to the approval of the Secretary of State.

Chief executive E+W

7 (1) The constitution must provide for the chief executive to be appointed by the chair, with the approval of NHS England.

(2) The constitution must provide that a person is eligible to become or remain the chief executive only if the person is an employee of the integrated care board.

Ordinary members E+W

8 (1) The constitution must—

(a) specify who is to appoint the ordinary members, and

(b) provide that the appointment of an ordinary member is subject to the approval of the chair.

(2) The constitution must provide for the ordinary members to include—

(a) at least one member nominated jointly by the NHS trusts and NHS foundation trusts that—

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

(ii) are of a prescribed description,

(b) at least one member nominated jointly by persons who—

(i) provide primary medical services for the purposes of the health service within the integrated care board’s area, and

(ii) are of a prescribed description,

(c) at least one member nominated jointly by the local authorities whose areas coincide with, or include the whole or any part of, the integrated care board’s area.

(3) The constitution must set out the process for nominating the ordinary members mentioned in sub-paragraph (2).

(4) A person participating in the process for nominating the ordinary members mentioned in sub-paragraph (2) must have regard to any guidance published by NHS England in relation to the selection of candidates.

(5) The descriptions of trusts or other persons that may be prescribed for the purposes of sub-paragraph (2)(a) or (b) may, in particular, be framed by reference to the nature of the services that they provide or the proportion of their services that are provided within the integrated care board’s area.

(6) The chair must exercise the approval function mentioned in sub-paragraph (1)(b) with a view to ensuring that at least one of the ordinary members has knowledge and experience in connection with services relating to the prevention, diagnosis and treatment of mental illness.

(7) In this paragraph “local authority” has the meaning given by section 2B(5).

Further provision in connection with membership E+W

9 The constitution may make further provision in connection with the membership of the integrated care board, including provision about—

(a) how members are to be appointed;

(b) qualification and disqualification for membership;

(c) the tenure of members (including the circumstances in which a member ceases to hold office or may be removed or suspended from office);

(d) eligibility for re-appointment;

(e) terms of appointment (including provision about the remuneration or allowances of the chair and ordinary members);

(f) the validation of proceedings in the event of a vacancy or defect in an appointment.

10 (1) The constitution of an integrated care board must comply with any requirements in connection with membership that are imposed by regulations.

(2) The regulations may impose requirements in connection with any provision that may be included in an integrated care board’s constitution by virtue of paragraphs 3 to 9.

Arrangements for discharging functions E+W

11 (1) The constitution must specify arrangements for the exercise of the integrated care board’s functions (including its functions in determining the terms and conditions of its employees).

(2) The arrangements may include provision—

(a) for the appointment of committees or sub-committees of the integrated care board, and

(b) for any such committees to consist of or include persons other than members or employees of the integrated care board.

(3) The arrangements may include provision for any functions of the integrated care board to be exercised on its behalf by—

(a) any of its members or employees;

(b) a committee or sub-committee of the board.

(4) If the constitution includes provision under this paragraph allowing committees or sub-committees to exercise commissioning functions, the constitution must—

(a) provide for the members of any such committee or sub-committee to be approved or appointed by the chair of the integrated care board, and

(b) prohibit the chair from approving or appointing someone as a member of any such committee or sub-committee (“the candidate”) if the chair considers that the appointment could reasonably be regarded as undermining the independence of the health service because of the candidate’s involvement with the private healthcare sector or otherwise.

(5) In sub-paragraph (4) “commissioning functions” means the functions of an integrated care board in arranging for the provision of services as part of the health service.

12 (1) The constitution must specify the procedure to be followed by the integrated care board in making decisions.

(2) The constitution must also specify the arrangements to be made by the integrated care board for securing that there is transparency about the decisions of the board and the manner in which they are made.

Arrangements for conflicts of interests E+W

13 The constitution must include—

(a) provision about the arrangements to be made by the integrated care board for discharging its functions under section 14Z30(1) to (4), and

(b) a statement of the principles to be followed by the board in implementing those arrangements.

Arrangements for public involvement E+W

14 The constitution must include—

(a) provision about the arrangements to be made by the integrated care board for discharging its functions under section 14Z45(2), and

(b) a statement of the principles to be followed by the board in implementing those arrangements.

Variation of constitution E+W

15 (1) The constitution must include a power to vary the constitution in accordance with a procedure set out there.

(2) The provision made by the constitution in accordance with sub-paragraph (1) must—

(a) include power for NHS England to vary the constitution on its own initiative, and

(b) require NHS England’s approval to be obtained before any other variation is made.

Further provision E+W

16 In addition to the provision authorised or required to be included under this Part of this Schedule, the constitution may make further provision.]