Textual Amendments
F1Pt. 2 Ch. A3 inserted (9.5.2022 but only for the insertion of ss. 14Z25 (for specified purposes), 14Z26, 14Z28, 1.7.2022 in so far as not already in force) by Health and Care Act 2022 (c. 31), ss. 19(2), 186(6); S.I. 2022/515, reg. 2(c); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Textual Amendments
F2Ss. 14Z32-14Z64 and cross-headings inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 25(2), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30, 33)
(1)Before the start of each financial year, an integrated care board and its partner NHS trusts and NHS foundation trusts must prepare a plan setting out how they propose to exercise their functions in the next five years.
(2)The plan must, in particular—
(a)describe the health services for which the integrated care board proposes to make arrangements in the exercise of its functions by virtue of this Act;
(b)explain how the integrated care board proposes to discharge its duties under—
(i)sections 14Z34 to 14Z45 (general duties of integrated care boards), and
(ii)sections 223GB to 223N (financial duties);
(c)set out any steps that the integrated care board proposes to take to implement any joint local health and wellbeing strategy to which it is required to have regard under section 116B(1) of the Local Government and Public Involvement in Health Act 2007;
(d)set out any steps that the integrated care board proposes to take to address the particular needs of children and young persons under the age of 25;
(e)set out any steps that the integrated care board proposes to take to address the particular needs of victims of abuse (including domestic abuse and sexual abuse, whether of children or adults).
(3)The integrated care board and its partner NHS trusts and NHS foundation trusts must publish the plan.
(4)The integrated care board and its partner NHS trusts and NHS foundation trusts must give a copy of the plan to—
(a)the integrated care partnership for the board’s area,
(b)each relevant Health and Wellbeing Board, and
(c)NHS England.
(5)NHS England may give a direction as to the date by which subsection (4) must be complied with.
(6)An integrated care board and its partner NHS trusts and NHS foundation trusts must have regard to the plan under subsection (1).
(7)In this Chapter “relevant Health and Wellbeing Board”, in relation to an integrated care board (or an integrated care board and its partner NHS trusts and NHS foundation trusts), means a Health and Wellbeing Board established by a local authority whose area coincides with, or includes the whole or any part of, the area of the integrated care board.
(8)In this Act “financial year”, in relation to an integrated care board, means—
(a)the period beginning with the date on which the integrated care board is established and ending with the 31 March following that date, and
(b)each successive period of twelve months.
(1)An integrated care board and its partner NHS trusts and NHS foundation trusts may revise a plan published under section 14Z52.
(2)If the integrated care board and its partner NHS trusts and NHS foundation trusts revise the plan in a way that they consider to be significant, section 14Z52(3) and (4) apply in relation to the revised plan as they applied in relation to the original plan.
(3)If the integrated care board and its partner NHS trusts and NHS foundation trusts revise the plan in any other way they must—
(a)publish a document setting out the changes, and
(b)give a copy of the document to—
(i)the integrated care partnership for the board’s area,
(ii)each relevant Health and Wellbeing Board, and
(iii)NHS England.
(1)This section applies where an integrated care board and its partner NHS trusts and NHS foundation trusts are—
(a)preparing a plan under section 14Z52, or
(b)revising a plan under section 14Z53 in a way that they consider to be significant.
(2)The integrated care board and its partner NHS trusts and NHS foundation trusts must consult—
(a)the group of people for whom the integrated care board has core responsibility, and
(b)any other persons they consider it appropriate to consult.
(3)The integrated care board and its partner NHS trusts and NHS foundation trusts must involve each relevant Health and Wellbeing Board in preparing or revising the plan.
(4)The integrated care board and its partner NHS trusts and NHS foundation trusts must, in particular—
(a)give each relevant Health and Wellbeing Board a draft of the plan or (as the case may be) the plan as revised, and
(b)consult each relevant Health and Wellbeing Board on whether the draft takes proper account of each joint local health and wellbeing strategy published by it which relates to the period (or any part of the period) to which the plan relates.
(5)Where a Health and Wellbeing Board is consulted under subsection (4)(b)—
(a)it must respond with its opinion on the matter mentioned there;
(b)it may also give that opinion to NHS England.
(6)Where a Health and Wellbeing Board gives its opinion to NHS England under subsection (5)(b) it must inform the integrated care board and its partner NHS trusts and NHS foundation trusts that it has done so (unless it informed them, in advance, that it was planning to do so).
(7)If an integrated care board and its partner NHS trusts and NHS foundation trusts revise or further revise a draft after it has been given to each relevant Health and Wellbeing Board under subsection (4), subsections (4) and (5) apply in relation to the revised draft as they applied in relation to the original draft.
(8)An integrated care board and its partner NHS trusts and NHS foundation trusts must include in a plan published under section 14Z52(3)—
(a)a summary of the views expressed by anyone consulted under subsection (2),
(b)an explanation of how they took account of those views, and
(c)a statement of the final opinion of each relevant Health and Wellbeing Board consulted in relation to the plan under subsection (4).
(9)In this section, “joint local health and wellbeing strategy” means a strategy under section 116A of the Local Government and Public Involvement in Health Act 2007.
(1)A relevant Health and Wellbeing Board—
(a)may give NHS England its opinion on whether a plan published by an integrated care board and its partner NHS trusts and NHS foundation trusts under section 14Z52(3) takes proper account of each joint local health and wellbeing strategy published by the Health and Wellbeing Board which relates to the period (or any part of the period) to which the plan relates, and
(b)if it does so, must give the integrated care board and its partner NHS trusts and NHS foundation trusts a copy of its opinion.
(2)In this section, “joint local health and wellbeing strategy” has the same meaning as in section 14Z54(9).
(1)Before the start of each financial year, an integrated care board and its partner NHS trusts and NHS foundation trusts must prepare a plan setting out their planned capital resource use.
(2)The plan must relate to such period as may be specified in a direction by the Secretary of State.
(3)The Secretary of State must publish any direction under subsection (2).
(4)The integrated care board and its partner NHS trusts and NHS foundation trusts must publish the plan.
(5)The integrated care board and its partner NHS trusts and NHS foundation trusts must give a copy of the plan to—
(a)the integrated care partnership for the board’s area,
(b)each relevant Health and Wellbeing Board, and
(c)NHS England.
(6)NHS England may give a direction as to the date by which subsection (5) must be complied with.
(7)NHS England may publish guidance about the discharge by an integrated care board and its partner NHS trusts and NHS foundation trusts of their functions under this section.
(8)An integrated care board and its partner NHS trusts and NHS foundation trusts must have regard to any guidance published under subsection (7).
(9)NHS England may give directions, in relation to a financial year—
(a)specifying descriptions of resources which must, or must not, be treated as capital resources for the purposes of this section;
(b)specifying uses of capital resources which must, or must not, be taken into account for the purposes of this section.
(10)The reference in subsection (1) to the use of capital resources is a reference to its expenditure, consumption or reduction in value.
(1)An integrated care board and its partner NHS trusts and NHS foundation trusts may revise a plan published under section 14Z56.
(2)If the integrated care board and its partner NHS trusts and NHS foundation trusts revise the plan in a way that they consider to be significant, section 14Z56(4) and (5) apply in relation to the revised plan as they applied in relation to the original plan.
(3)If the integrated care board and its partner NHS trusts and NHS foundation trusts revise the plan in any other way, they must—
(a)publish a document setting out the changes, and
(b)give a copy of the document to—
(i)the integrated care partnership for the board’s area,
(ii)each relevant Health and Wellbeing Board, and
(iii)NHS England.
(1)An integrated care board must, in each financial year, prepare a report (an “annual report”) on how it has discharged its functions in the previous financial year.
(2)An annual report must, in particular—
(a)explain how the integrated care board has discharged its duties under sections 14Z34 to 14Z45 and 14Z49 (general duties of integrated care boards),
(b)review the extent to which the board has exercised its functions in accordance with the plans published under—
(c)review the extent to which the board has exercised its functions consistently with NHS England’s views set out in the latest statement published under section 13SA(1) (views about how functions relating to inequalities information should be exercised), and
(d)review any steps that the board has taken to implement any joint local health and wellbeing strategy to which it was required to have regard under section 116B(1) of the Local Government and Public Involvement in Health Act 2007.
(3)In undertaking the review required by subsection (2)(d), an integrated care board must consult each relevant Health and Wellbeing Board.
(4)An annual report must include—
(a)a statement of the amount of expenditure incurred by the integrated care board during the financial year in relation to mental health,
(b)a calculation of the proportion of the expenditure incurred by the integrated care board during the financial year that relates to mental health, and
(c)an explanation of the statement and calculation.
(5)NHS England may give directions to integrated care boards as to the form and content of an annual report.
(6)An integrated care board must—
(a)give a copy of its annual report to NHS England before the date specified by NHS England in a direction, and
(b)publish a copy of the annual report.]