(1)The Secretary of State may by regulations make provision for or in connection with enabling prescribed NHS bodies (on the one hand) and prescribed local authorities (on the other) to enter into prescribed arrangements in relation to the exercise of—
(a)prescribed functions of the NHS bodies, and
(b)prescribed health-related functions of the local authorities,
if the arrangements are likely to lead to an improvement in the way in which those functions are exercised.
(2)The arrangements which may be prescribed include arrangements—
(a)for or in connection with the establishment and maintenance of a fund—
(i)which is made up of contributions by one or more NHS bodies and one or more local authorities, and
(ii)out of which payments may be made towards expenditure incurred in the exercise of both prescribed functions of the NHS body or bodies and prescribed health-related functions of the authority or authorities,
(b)for or in connection with the exercise by an NHS body on behalf of a local authority of prescribed health-related functions of the authority in conjunction with the exercise by the NHS body of prescribed functions of the NHS body,
(c)for or in connection with the exercise by a local authority on behalf of an NHS body of prescribed functions of the NHS body in conjunction with the exercise by the local authority of prescribed health-related functions of the local authority,
(d)as to the provision of staff, goods or services in connection with any arrangements mentioned in paragraph (a), (b) or (c),
(e)as to the making of payments by a local authority to an NHS body in connection with any arrangements mentioned in paragraph (b),
(f)as to the making of payments by an NHS body to a local authority in connection with any arrangements mentioned in paragraph (c).
(3)Regulations under this section may make provision—
(a)as to the cases in which NHS bodies and local authorities may enter into prescribed arrangements,
(b)as to the conditions which must be satisfied in relation to prescribed arrangements (including conditions in relation to consultation),
(c)for or in connection with requiring the consent of the Secretary of State to the operation of prescribed arrangements (including provision in relation to applications for consent, the approval or refusal of such applications and the variation or withdrawal of approval),
(d)in relation to the duration of prescribed arrangements,
(e)for or in connection with the variation or termination of prescribed arrangements,
(f)as to the responsibility for, and the operation and management of, prescribed arrangements,
(g)as to the sharing of information between NHS bodies and local authorities.
(4)The provision which may be made by virtue of subsection (3)(f) includes provision in relation to—
(a)the formation and operation of joint committees of NHS bodies and local authorities,
(b)the exercise of functions which are the subject of prescribed arrangements (including provision in relation to the exercise of such functions by joint committees or employees of NHS bodies and local authorities),
(c)the drawing up and implementation of plans in respect of prescribed arrangements,
(d)the monitoring of prescribed arrangements,
(e)the provision of reports on, and information about, prescribed arrangements,
(f)complaints and disputes about prescribed arrangements,
(g)accounts and audit in respect of prescribed arrangements.
(5)Arrangements made by virtue of this section do not affect—
(a)the liability of NHS bodies for the exercise of any of their functions,
(b)the liability of local authorities for the exercise of any of their functions, or
(c)any power or duty to recover charges in respect of services provided in the exercise of any local authority functions.
(6)The Secretary of State may issue guidance to NHS bodies and local authorities in relation to consultation or applications for consent in respect of prescribed arrangements.
(7)The reference in subsection (1) to an improvement in the way in which functions are exercised includes an improvement in the provision to any individuals of any services to which those functions relate.
[F1(7A)For the purposes of this section, a combined authority that exercises a prescribed function within subsection (1)(a) of an NHS body under voluntary arrangements is to be treated as an NHS body.
(7B)“Voluntary arrangements” means arrangements made with the combined authority under—
(a)section 7A (exercise of Secretary of State's public health functions), [F2or]
[F3(b)section 65Z5 (joint working and delegation arrangements).]
(7C)Regulations under this section, so far as made before or in the same Session as that in which the Cities and Local Government Devolution Act 2016 is passed, apply to a combined authority that is treated as an NHS body by virtue of subsection (7A) as if it were a prescribed NHS body for the purposes of those regulations.
(7D)But a combined authority to which regulations under this section apply by virtue of subsection (7C) may enter into prescribed arrangements in relation to the exercise only of functions within subsection (1)(a) that are exercisable by the authority under voluntary arrangements.
(7E)Regulations under this section may provide for the regulations to apply in relation to a combined authority subject to any prescribed limitations or conditions.
(7F)Nothing in subsection (7D) prevents a combined authority from being a party to arrangements made by virtue of this section in relation to any prescribed functions of an NHS body that are exercisable by the authority as a result of an order under section 105A of the Local Democracy, Economic Development and Construction Act 2009 (public authority functions exercisable by combined authorities).]
[F4(7G)For the purposes of this section, a combined county authority that exercises a prescribed function within subsection (1)(a) of an NHS body under voluntary arrangements is to be treated as an NHS body.
(7H)“Voluntary arrangements” means arrangements made with the combined county authority under—
(a)section 7A (exercise of Secretary of State’s public health functions), or
(b)section 65Z5 (joint working and delegation arrangements).
(7I)Regulations under this section, so far as made before or in the same Session as that in which the Levelling-up and Regeneration Act 2023 is passed, apply to a combined county authority that is treated as an NHS body by virtue of subsection (7G) as if it were a prescribed NHS body for the purposes of those regulations.
(7J)But a combined county authority to which regulations under this section apply by virtue of subsection (7I) may enter into prescribed arrangements in relation to the exercise only of functions within subsection (1)(a) that are exercisable by the authority under voluntary arrangements.
(7K)Regulations under this section may provide for the regulations to apply in relation to a combined county authority subject to any prescribed limitations or conditions.
(7L)Nothing in subsection (7J) prevents a combined county authority from being a party to arrangements made by virtue of this section in relation to any prescribed functions of an NHS body that are exercisable by the authority as a result of regulations under section 19 of the Levelling-up and Regeneration Act 2023 (public authority functions exercisable by combined county authorities).]
(8)In this section—
“”, in relation to a local authority, means functions of the authority which, in the opinion of the Secretary of State—
have an effect on the health of any individuals,
have an effect on, or are affected by, any functions of NHS bodies, or
are connected with any functions of NHS bodies,
“NHS body” does not include a Special Health Authority.
(9)Schedule 18 makes provision with respect to the transfer of staff in connection with arrangements made by virtue of this section.
Textual Amendments
F1S. 75(7A)-(7F) 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. 6
F2Word in s. 75(7B)(a) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 71(3)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F3S. 75(7B)(b) substituted for s. 75(7B)(b)(c) (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 71(3)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F4S. 75(7G)-(7L) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 168 (with s. 247)
Modifications etc. (not altering text)
C1S. 75 applied (with modifications) (30.11.2017) by The Greater Manchester Combined Authority (Public Health Functions) Order 2017 (S.I. 2017/1180), arts. 1, 6(1)
C2S. 75 applied (with modifications) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 24
C3S. 75(8) modified by 2004 c. 17, s. 4(5)(c) (as substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 258(c) (with Sch. 3 Pt. 1))