National Health Service Act 2006

256Power of [F1[F2NHS England] or [F3an integrated care board]] to make payments towards expenditure on community servicesE+W

(1)[F4[F2NHS England] or [F5an integrated care board]] may make payments to—

(a)a local social services authority [F6in England] towards expenditure incurred or to be incurred by it in connection with any social services functions (within the meaning of the Local Authority Social Services Act 1970 (c. 42)), other than functions under section 3 of the Disabled Persons (Employment) Act 1958 (c. 33),

[F7(aa)a local social services authority in Wales towards expenditure incurred or to be incurred by it in connection with any of its functions which are social services functions for the purposes of the Social Services and Well-being (Wales) Act 2014 (anaw 4).]

(b)a district council, or a Welsh county council or county borough council, towards expenditure incurred or to be incurred by it in connection with its functions under Part 2 of Schedule 9 to the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) (meals and recreation for old people),

(c)[F8a local authority (as defined in section 579(1) of the Education Act 1996)] (c. 56), towards expenditure incurred or to be incurred by it in connection with its functions under the Education Acts (within the meaning of that Act), in so far as it performs those functions for the benefit of disabled persons,

(d)a local housing authority within the meaning of the Housing Act 1985 (c. 68), towards expenditure incurred or to be incurred by it in connection with its functions under Part 2 of that Act (provision of housing), or

(e)any of the bodies mentioned in subsection (2), in respect of expenditure incurred or to be incurred by it in connection with the provision of housing accommodation.

(2)The bodies are—

[F9(za)a private registered provider of social housing,]

(a)a registered social landlord within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act),

[F10(b)the Homes and Communities Agency,

(ba)the Welsh new towns residuary body,]

[F11(bb)the Greater London Authority,]

(c)a new town development corporation,

[F12(ca)a Mayoral development corporation,]

(d)an urban development corporation established under the Local Government, Planning and Land Act 1980 (c. 65),

[F13(e)the Regulator of Social Housing.]

(3)[F14[F2NHS England] or [F15an integrated care board]] may make payments to a local authority towards expenditure incurred or to be incurred by the authority in connection with the performance of any of the authority's functions which, in the opinion of [F16[F2NHS England] or (as the case may be) [F17the integrated care board]]—

(a)have an effect on the health of any individuals,

(b)have an effect on, or are affected by, any NHS functions, or

(c)are connected with any NHS functions.

(4)“NHS functions” means functions exercised by an NHS body.

(5)A payment under this section may be made in respect of expenditure of a capital or of a revenue nature or in respect of both kinds of expenditure.

[F18(5A)The Secretary of State may by directions to [F2NHS England] specify the minimum amount which [F2NHS England] must spend in a financial year in making payments under—

(a)this section;

(b)subsection (1) of this section;

(c)subsection (3) of this section.

(5B)The Secretary of State may by directions to [F2NHS England] specify—

(a)a body or description of bodies to whom payments under subsection (1) or (3), or under either or both of those subsections, must be made by [F2NHS England] in a financial year;

(b)functions or activities, or descriptions of functions or activities, in respect of which such payments must be made by [F2NHS England] in a financial year;

(c)the minimum amount which [F2NHS England] must spend in a financial year in making such payments—

(i)to a body or description of bodies specified in relation to the year under paragraph (a);

(ii)in respect of functions or activities, or descriptions of functions or activities, specified in relation to the year under paragraph (b);

(iii)to a body or description of bodies specified in relation to the year under paragraph (a) in respect of functions or activities or descriptions of functions or activities so specified under paragraph (b).]

(6)The Secretary of State may by directions prescribe conditions relating to payments under this section or section 257.

(7)The conditions include, in particular, conditions requiring, in such circumstances as may be specified—

(a)repayment of the whole or part of a payment under this section, or

(b)in respect of property acquired with a payment under this section, payment of an amount representing the whole or part of an increase in the value of the property which has occurred since its acquisition.

(8)No payment may be made under this section in respect of any expenditure unless the conditions relating to it conform with the conditions prescribed under subsection (6) for payments of that description.

(9)“A disabled person” is a person who has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities or who has such other disability as may be prescribed.

Textual Amendments

F4Words in s. 256(1) substituted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), s. 306(1)(d)(4), Sch. 4 para. 129(2); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F10S. 256(2)(b)(ba) substituted for s. 256(2)(b) (1.12.2008) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2008 (S.I. 2008/3002), art. 1(2), Sch. 1 para. 52 (with Sch. 2) (see S.I. 2008/3068, art. 2(1)(b))

F11S. 256(2)(bb) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 44; S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

F12S. 256(2)(ca) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 57

F14Words in s. 256(3) substituted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), s. 306(1)(d)(4), Sch. 4 para. 129(3)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F16Words in s. 256(3) substituted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), s. 306(1)(d)(4), Sch. 4 para. 129(3)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F18S. 256(5A)(5B) inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), s. 306(1)(d)(4), Sch. 4 para. 129(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Modifications etc. (not altering text)

C3S. 256(3) modified by 2004 c. 17, s. 4(5)(a)(i) (as substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 258(a) (with Sch. 3 Pt. 1))