Joint working arrangements and delegation

65Z5Joint working and delegation arrangements

1

A relevant body may arrange for any functions exercisable by it to be exercised by or jointly with any one or more of the following—

a

a relevant body;

b

a local authority (within the meaning of section 2B);

c

a combined authority.

2

In this section “relevant body” means—

a

NHS England,

b

an integrated care board,

c

an NHS trust established under section 25,

d

an NHS foundation trust, or

e

such other body as may be prescribed.

3

Regulations may—

a

provide that the power in subsection (1) does not apply, or applies only to a prescribed extent, in relation to prescribed functions;

b

impose conditions on the exercise of the power.

4

Arrangements under this section may be made on such terms as may be agreed between the parties, including—

a

terms as to payment;

b

terms prohibiting or restricting a body from making delegation arrangements in relation to a function that is exercisable by it by virtue of arrangements under this section.

5

In subsection (4)(b) “delegation arrangements” means arrangements made by a body for the exercise of a function by someone else.

6

Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by a body of any function by virtue of this section are enforceable by or against that body (and no other person).

65Z6Joint committees and pooled funds

1

This section applies where a function is exercisable jointly (by virtue of section 65Z5 or otherwise) by a relevant body and any one or more of the following—

a

a relevant body;

b

a local authority (within the meaning of section 2B);

c

a combined authority.

2

The bodies by whom the function is exercisable jointly may—

a

arrange for the function to be exercised by a joint committee of theirs;

b

arrange for one or more of the bodies, or a joint committee of the bodies, to establish and maintain a pooled fund.

3

A pooled fund is a fund—

a

which is made up of payments received in accordance with the arrangements from relevant bodies that are party to the arrangements, and

b

out of which payments may be made in accordance with the arrangements towards expenditure incurred in the exercise of functions in relation to which the arrangements are made.

4

Arrangements under this section may be made on such terms as may be agreed between the parties, including terms as to payment.

5

In this section “relevant body” has the meaning given by section 65Z5(2).

65Z7Joint working and delegation: guidance by NHS England

1

NHS England may publish guidance for relevant bodies about the exercise of their powers under sections 65Z5 and 65Z6.

2

A relevant body must have regard to any guidance published under this section.

3

In this section “relevant body” has the meaning given by section 65Z5(2).