[F1223CFinancial duties of the Board: expenditureE+W
(1)The Board must ensure that total health expenditure in respect of each financial year does not exceed the aggregate of—
(a)the amount allotted to the Board for that year under section 223B,
(b)any sums received by the Board or clinical commissioning groups in that year under any provision of this Act (other than sums received by the Board under section 223B or by clinical commissioning groups under section 223G), and
(c)any sums received by the Board or clinical commissioning groups in that year otherwise than under this Act for the purpose of enabling it or them to defray such expenditure.
(2)In this section, “total health expenditure”, in relation to a financial year, means—
(a)expenditure which is attributable to the performance by the Board of its functions in that year, other than sums paid by it under section 223G, and
(b)expenditure which is attributable to the performance by clinical commissioning groups of their functions in that year.
(3)The Secretary of State may by directions determine whether expenditure by the Board or a clinical commissioning group which is of a description specified in the directions must, or must not, be treated for the purposes of this section as part of total health expenditure.
(4)The Secretary of State may by directions determine the extent to which, and the circumstances in which, sums received by the Board or a clinical commissioning group under section 223B or (as the case may be) 223G but not yet spent must be treated for the purposes of this section as part of total health expenditure, and to which financial year's expenditure they must be attributed.
(5)The Secretary of State may by directions require the Board to use banking facilities specified in the directions for any purposes so specified.]
Textual Amendments
F1Ss. 223B-223F and cross-heading 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. 24, 306(1)(d)(4); S.I. 2012/1831, art. 2(2); S.I. 2013/160, art. 2(2) (with arts. 7-9)