National Health Service Act 2006

[F1Variation of constitutionE+W

Textual Amendments

F1Pt. 2 Ch. A2 inserted (27.3.2012 for specified purposes, 1.10.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 25(1), 306(1)(d)(4) (with Sch. 6 paras. 7-13); S.I. 2012/1831, art. 2(2) (with art. 5); S.I. 2013/160, art. 2(2) (with arts. 7-9)

14EApplications for variation of constitutionE+W

(1)A clinical commissioning group may apply to the Board to vary its constitution (including doing so by varying its area or its list of members).

(2)If the Board grants the application, the constitution of the clinical commissioning group has effect subject to the variation.

(3)Regulations may make provision—

(a)as to the circumstances in which the Board must or may grant, or must or may refuse, applications under this section;

(b)as to factors which the Board must or may take into account in determining whether to grant such applications;

(c)as to the procedure for the making and determination of such applications.

14FVariation of constitution otherwise than on applicationE+W

(1)The Board may vary the area specified in the constitution of a clinical commissioning group.

(2)The Board may—

(a)add any person who is a provider of primary medical services to the list of members specified in the constitution of a clinical commissioning group;

(b)remove any person from such a list.

(3)The power conferred by subsection (1) or (2) is exercisable if—

(a)the clinical commissioning group consents to the variation, or

(b)the Board considers that the variation is necessary for the purpose of discharging any of its duties under section 14A.

(4)Before varying the constitution of a clinical commissioning group under subsection (1) or (2), the Board must consult—

(a)that group, and

(b)any other clinical commissioning group that the Board thinks might be affected by the variation.

(5)Regulations may—

(a)confer powers on the Board to vary the constitution of a clinical commissioning group;

(b)make provision as to the circumstances in which those powers are exercisable and the procedure to be followed before they are exercised.]