National Health Service Act 2006

Arrangements for discharging functions E+W

[F1 11 (1) The constitution must specify arrangements for the exercise of the integrated care board’s functions (including its functions in determining the terms and conditions of its employees).

(2) The arrangements may include provision—

(a) for the appointment of committees or sub-committees of the integrated care board, and

(b) for any such committees to consist of or include persons other than members or employees of the integrated care board.

(3) The arrangements may include provision for any functions of the integrated care board to be exercised on its behalf by—

(a) any of its members or employees;

(b) a committee or sub-committee of the board.

(4) If the constitution includes provision under this paragraph allowing committees or sub-committees to exercise commissioning functions, the constitution must—

(a) provide for the members of any such committee or sub-committee to be approved or appointed by the chair of the integrated care board, and

(b) prohibit the chair from approving or appointing someone as a member of any such committee or sub-committee (“the candidate”) if the chair considers that the appointment could reasonably be regarded as undermining the independence of the health service because of the candidate’s involvement with the private healthcare sector or otherwise.

(5) In sub-paragraph (4) “commissioning functions” means the functions of an integrated care board in arranging for the provision of services as part of the health service.]

Textual Amendments

F1 Sch. 1B inserted (9.5.2022 but only for the insertion of Sch. 1B Pt. 1) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 2 para. 1; S.I. 2022/515, reg. 2(e)