National Health Service Act 2006

[F1 PART 2 E+W Further provision about 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)

Status E+W

17 (1) An integrated care board is a body corporate.

(2) An integrated care board is not to be regarded—

(a) as a servant or agent of the Crown, or

(b) as enjoying any status, privilege or immunity of the Crown.

(3) An integrated care board’s property is not to be regarded as property of, or property held on behalf of, the Crown.

Staff E+W

18 (1) An integrated care board may appoint employees.

(2) Employees of an integrated care board are to be paid such remuneration and allowances as the board may determine.

(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 determine 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 the 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 care 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) an NHS foundation trust,

(iv) a Special Health Authority performing functions only or mainly in respect of England,

(v) the Care Quality Commission,

F2 (vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vii) the Health Services Safety Investigations Body,

(viii) the Human Tissue Authority,

(ix) the Human Fertilisation and Embryology Authority, or

(x) NICE.

(5) The 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.

Textual Amendments

F2 Sch. 1B para. 19(4)(b)(vi) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 10(12) (with reg. 3)

Additional powers in respect of payment of allowances E+W

20 An 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 E+W

21 (1) The powers of an integrated care board include power to enter into 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 facilities 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) If 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) In 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 E+W

22 (1) An 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, direct 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 accounts 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) Accounts 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) An 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 specified in a direction by NHS England.

Incidental powers E+W

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

(a) enter into agreements,

(b) acquire 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 E+W

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