(1) All property vested in the Secretary of State in consequence of the transfer of that property under section 6 of the National Health Service Act 1946 (c. 81) (transfer of hospitals) is vested free of any trust existing immediately before that transfer.
(2) The Secretary of State may use any such property for the purpose of any of his functions under this Act, but he must so far as practicable secure that the objects for which any such property was used immediately before that transfer are not prejudiced by the exercise of the power conferred by this subsection.
220 Trust property previously held for general hospital purposes
(1) This section applies to property—
(a) transferred under section 23 of the National Health Service Reorganisation Act 1973 (c. 32) (winding-up of hospital endowment funds), or
(b) transferred under section 24 of that Act (transfer of trust property from abolished authorities) and which immediately before the day appointed for the purposes of that section was, in accordance with any provision contained in or made under section 7 of the National Health Service Act 1946, applicable for purposes relating to hospital services or relating to some form of research,
including any such property which has been further transferred under section 92 of the National Health Service Act 1977 (c. 49).
(2) This section continues to apply to any such property after any further transfer under section 213 or 214 of this Act or section 300 or 302 of the Health and Social Care Act 2012.
(3) The person holding the property after the transfer or last transfer must secure, so far as is reasonably practicable, that the objects of any original endowment, and the observance of any conditions attached to that endowment, including in particular conditions intended to preserve the memory of any person or class of persons, are not prejudiced by this Part of this Act.
(4) “Original endowment” means a hospital endowment which was transferred under section 7 of the National Health Service Act 1946 (c. 81) and from which the property in question is derived.
(5) Subject to subsection (3), the property must be held on trust for such purposes relating to hospital services (including research), or to any other part of the health service associated with any hospital, as the person holding the property considers appropriate.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Subsection (2) applies where—
(a) any hospital provided by the Secretary of State in accordance with this Act was a voluntary hospital transferred by virtue of the National Health Service Act 1946, and
(b) the character and associations of that hospital before its transfer were such as to link it with a particular religious denomination.
(2) Regard must be had in the general administration of the hospital to the preservation of that character and those associations.
(1) This section applies to any NHS body other than a Local Health Board.
(2) A body to which this section applies has power to engage in activities intended to stimulate the giving (whether on trust or otherwise) of money or other property to—
(a) assist the body in providing or improving any services or any facilities or accommodation which is or are, or will be, provided as part of the health service, or
(b) assist it in connection with its functions with respect to research.
(3) Subject to any directions of the appropriate authority excluding specified descriptions of activity, the activities authorised by this section include—
(a) public appeals or collections,
(b) competitions,
(c) entertainments,
(d) bazaars,
(e) sales of produce or other goods, and
(f) other similar activities.
(3A) In subsection (3) “appropriate authority” means—
(a) in relation to an integrated care board, NHS England, and
(b) in relation to any other body to which this section applies, the Secretary of State.
(4) The activities may involve the use of land, premises or other property held by or for the benefit of the body exercising the power.
(5) Subsection (4) is subject to any restrictions on the purposes for which trust property may be used.
(6) Subject to this section and section 215, the body at whose instance property is given in pursuance of this section must, after defraying out of it any expenses incurred in obtaining it, hold, administer and apply the property on trust for or for the purpose for which it was given.
(7) Where property held by a body under this section is more than sufficient to enable the purpose for which it was given to be fulfilled, the excess is applicable, in default of any provision for its application made by the trust or other instrument under or in accordance with which the property comprising the excess was given, for such purposes connected with any of the functions of the body as it considers appropriate.
(8) Where property held by a body under this section is insufficient to enable the purpose for which it was given to be fulfilled the body may apply so much of the capital or income at its disposal as is needed to enable the purpose to be fulfilled.
(9) Subsection (8) is subject in the case of trust property to any restrictions on the purpose for which the trust property may be applied and, in the case of money paid or payable by the Secretary of State under section 225, to any directions he may give.
(10) Where the capital or income applicable under subsection (8) is insufficient or is not applied to enable the purpose to be fulfilled, the property held by the body is applicable, in default of any provision for its application made by the trust or other instrument under or in accordance with which the property was given, for such purposes connected with any of the functions of the body as it considers appropriate.
(11) Where under subsection (7) or (10) property becomes applicable for purposes other than that for which it was given the body applying the property must have regard to the desirability of applying it for a purpose similar to that for which it was given.
(12) References in this section to the purposes for which trust property may be used or applied include, in the case of trust property which has been transferred under section 213 or 214, references to those purposes as enlarged by section 216.
(1) The Secretary of State or NHS England may form, or participate in forming, companies to provide facilities or services to persons or bodies exercising functions, or otherwise providing services, under this Act.
(2) The Secretary of State or NHS England may, with a view to securing or facilitating the provision by companies of facilities or services to persons or bodies falling within subsection (1)—
(a) invest in the companies (whether by acquiring assets, securities or rights or otherwise), or
(b) provide loans and guarantees and make other kinds of financial provision to or in respect of them,
or both.
(3) For the purposes of subsections (1) and (2) it is immaterial that the facilities or services provided or to be provided by the companies in question are not provided or to be provided—
(a) only to persons or bodies falling within subsection (1), or
(b) to persons or bodies falling within subsection (1) only in their capacities as persons or bodies such as are mentioned in that provision.
(4) “Companies” means companies as defined in section 1(1) of the Companies Act 2006 (c. 6).
(5) This section does not affect any powers of the Secretary of State or NHS England exercisable otherwise than by virtue of this section.
223A. Application of section 223 to integrated care boards
(1) Section 223 applies in relation to an integrated care board as it applies in relation to NHS England.
(2) But the powers conferred by that section are exercisable by an integrated care board only for the purpose of securing improvement—
(a) in the physical and mental health of the group of people for whom it has core responsibility (see section 14Z31), or
(b) in the prevention, diagnosis and treatment of illness in such people.
(1) The Secretary of State must pay to NHS England in respect of each financial year sums not exceeding the amount allotted for that year by the Secretary of State towards meeting the expenditure of NHS England which is attributable to the performance by it of its functions in that year.
(2) An amount is allotted to NHS England for a financial year under this section when NHS England is notified in writing by the Secretary of State that the amount is allotted to it for that year.
(3) The Secretary of State may make a new allotment under this section increasing or reducing the allotment previously so made only if—
(a) NHS England agrees to the change,
(b) a parliamentary general election takes place, or
(c) the Secretary of State considers that there are exceptional circumstances that make a new allotment necessary.
(4) The Secretary of State may give directions to NHS England with respect to the payment of sums by it to the Secretary of State in respect of charges or other sums referable to the valuation or disposal of assets.
(5) Sums falling to be paid to NHS England under this section are payable subject to such conditions as to records, certificates or otherwise as the Secretary of State may determine.
(6) The Secretary of State may direct NHS England—
(a) that an amount of the sums paid to it under this section in respect of a financial year is to be used for purposes relating to service integration;
(b) about the use by NHS England of that amount for those purposes.
(7) The amount referred to in subsection (6)(a)—
(a) is to be determined in such manner as the Secretary of State considers appropriate, and
(b) must be specified in the direction.
(7A) The power under subsection (6)(b) includes power to give NHS England directions about the exercise of any of its functions under or by virtue of section 223GA (including directions requiring consultation with the Secretary of State or other specified persons).
(7B) The Secretary of State must publish any direction under subsection (6).
(8) The reference in subsection (6) to service integration is a reference to the integration of the provision of health services with the provision of health-related services or social care services, as referred to in sections 13N and 14Z42.
223C. Financial duties of NHS England: expenditure
(1) NHS England must exercise its functions with a view to ensuring that expenditure incurred by the following bodies in a financial year (taken together) does not exceed the aggregate of any sums received by them in the year—
(a) NHS England;
(b) integrated care boards.
(2) The Secretary of State may by direction—
(a) specify descriptions of expenditure that are, or are not, to be treated for the purposes of this section as expenditure incurred by a body, or expenditure incurred by it in a particular financial year;
(b) specify descriptions of sums that are, or are not, to be treated for the purposes of this section as having been received by a body, or as having been received by it in a particular financial year;
(c) provide for sums received by NHS England under section 223B in a year but not spent to be treated for the purposes of this section as expenditure incurred by it in a particular financial year;
(d) provide for sums received by an integrated care board under section 223G in a year but not spent to be treated for the purposes of this section as expenditure incurred by it in a particular financial year.
(3) For the purposes of this section any sum allotted to NHS England for a year under section 223B is to be treated as received by it in that year (subject to any direction under subsection (2)(b)).
223D. Financial duties of NHS England: controls on total resource use
(1) NHS England must exercise its functions with a view to ensuring that, in respect of each financial year—
(a) total capital resource use does not exceed the limit specified in a direction by the Secretary of State;
(b) total revenue resource use does not exceed the limit specified in a direction by the Secretary of State.
(2) In subsection (1) “total capital resource use” and “total revenue resource use” means the use of capital resources or (as the case may be) revenue resources by relevant NHS bodies, other than use that consists of the transfer of resources between relevant NHS bodies.
(3) In subsection (2) “relevant NHS bodies” means—
(a) NHS England,
(b) integrated care boards,
(c) NHS trusts established under section 25, and
(d) NHS foundation trusts.
(4) A direction under subsection (1)(a) or (b) specifying a limit in relation to a financial year may be varied by a subsequent direction only if—
(a) NHS England agrees to the change,
(b) a parliamentary general election takes place, or
(c) the Secretary of State considers that there are exceptional circumstances which make the variation necessary.
(5) The Secretary of State must publish and lay before Parliament any directions under this section.
(6) Any reference in this Chapter to the use of capital resources or revenue resources is a reference to their expenditure, consumption or reduction in value.
223E. Financial duties of NHS England: additional controls on resource use
(1) The Secretary of State may direct NHS England to ensure—
(a) that relevant capital resource use in a financial year which is attributable to matters specified in the direction does not exceed an amount so specified;
(b) that relevant revenue resource use in a financial year which is attributable to matters specified in the direction does not exceed an amount so specified.
(2) In subsection (1) “relevant capital resource use” and “relevant revenue resource use” means the use of capital resources or (as the case may be) revenue resources by NHS England and integrated care boards.
(3) The Secretary of State may direct NHS England to ensure that NHS England’s use of revenue resources in a financial year which is attributable to such matters relating to administration as are specified in the direction does not exceed an amount so specified.
(1) NHS England may use a proportion of the sums paid to it under section 223B to establish a contingency fund.
(2) NHS England may make a payment out of the fund where the payment is necessary in order to enable—
(a) NHS England to discharge any of its commissioning functions, or
(b) an integrated care board to discharge any of its functions.
(3) NHS England must publish guidance as to how it proposes to exercise its powers to make payments out of the contingency fund.
(4) In this section, “commissioning functions” means functions in arranging for the provision of services as part of the health service.
223G Means of meeting expenditure of integrated care boards out of public funds
(1) NHS England must pay in respect of each financial year to each integrated care board sums not exceeding the amount allotted for that year by NHS England to the board towards meeting the expenditure of the board which is attributable to the performance by it of its functions in that year.
(2) In determining the amount to be allotted to an integrated care board for any year, NHS England may take into account—
(a) the expenditure of the integrated care board during any previous financial year, and
(b) the amount that it proposes to hold, during the year to which the allotment relates, in any contingency fund established under section 223F.
(3) An amount is allotted to an integrated care board for a year under this section when the board is notified in writing by NHS England that the amount is allotted to it for that year.
(4) NHS England may make a new allotment under this section increasing or reducing an allotment previously so made.
(5) Where NHS England allots an amount to an integrated care board or makes a new allotment under subsection (4), it must notify the Secretary of State.
(6) NHS England may give directions to an integrated care board with respect to—
(a) the application of sums paid to it by virtue of a new allotment increasing an allotment previously so made, and
(b) the payment of sums by it to NHS England in respect of charges or other sums referable to the valuation or disposal of assets.
(7) Sums falling to be paid to integrated care boards under this section are payable subject to such conditions as to records, certificates or otherwise as NHS England may determine.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Where the Secretary of State has given NHS England a direction under section 223B(6)(a) about sums paid to it in respect of a financial year, NHS England may direct an integrated care board that an amount (a “designated amount”) of the sums paid to the board under section 223G in respect of that year is to be used for purposes relating to service integration.
(2) The designated amount—
(a) is to be determined in such manner as NHS England considers appropriate, and
(b) must be specified in the direction under subsection (1).
(3) The conditions under section 223G(7) subject to which the payment of a designated amount is made must include a condition that the integrated care board transfers the amount into one or more funds (“pooled funds”) established under arrangements under section 75(2)(a) (“pooling arrangements”).
(4) The conditions may also include—
(a) conditions relating to the preparation and agreement by the integrated care board and each local authority and other integrated care board that is party to the pooling arrangements of a plan for how to use the designated amount (a “spending plan”);
(b) conditions relating to the approval of a spending plan by NHS England;
(c) conditions relating to the inclusion of performance objectives in a spending plan;
(d) conditions relating to the meeting of any performance objectives included in a spending plan or specified by NHS England.
(5) Where a condition subject to which the payment of a designated amount is made is not met, NHS England may—
(a) withhold the payment (in so far as it has not been made);
(b) recover the payment (in so far as it has been made);
(c) direct the integrated care board as to the use of the designated amount for purposes relating to service integration or for making payments under section 256.
(6) Where NHS England withholds or recovers a payment under subsection (5)(a) or (b)—
(a) it may use the amount for any purposes relating to service integration, and
(b) in so far as the exercise of the power under paragraph (a) involves making a payment to a different integrated care board or some other person, the making of the payment is subject to such conditions as NHS England may determine.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) The power under subsection (5)(b) to recover a payment may be exercised in a financial year after the one in respect of which the payment was made.
(9) The payments that may be made out of a pooled fund into which a designated amount is transferred include payments to a local authority which is not party to the pooling arrangements in question in connection with the exercise of its functions under Part 1 of the Housing Grants, Construction and Regeneration Act 1996 (disabilities facilities grants).
(10) In exercising a power under this section, NHS England must have regard to the extent to which there is a need for the provision of each of the following—
(a) health services (see subsection (12)),
(b) health-related services (within the meaning given in section 14Z42), and
(c) social care services (within the meaning given in that section).
(11) A reference in this section to service integration is a reference to the integration of the provision of health services with the provision of health-related services or social care services, as referred to in sections 13N and 14Z42.
(12) “Health services” means services provided as part of the health service in England.
223GB Power to impose financial requirements on integrated care boards
(1) NHS England may give integrated care boards directions about their management or use of financial or other resources.
(2) The directions that may be given include a direction imposing limits on expenditure or resource use by integrated care boards.
(3) NHS England must publish any directions under this section.
223GC Financial duties of integrated care boards: expenditure limits
(1) An integrated care board must exercise its functions with a view to ensuring that expenditure incurred by the board in a financial year does not exceed the sums received by it in that year.
(2) NHS England may by direction—
(a) specify descriptions of expenditure that are, or are not, to be treated for the purposes of this section as expenditure incurred by an integrated care board, or expenditure incurred by it in a particular financial year;
(b) specify descriptions of sums that are, or are not, to be treated for the purposes of this section as having been received by an integrated care board, or as having been received by it in a particular financial year;
(c) provide for sums received by an integrated care board under section 223G in a year but not spent to be treated for the purposes of this section as expenditure incurred by it in a particular financial year.
(3) For the purposes of this section any sum allotted to an integrated care board for a year under section 223G is to be treated as received by it in that year (subject to any direction under subsection (2)(b)).
(1) NHS England may, after the end of a financial year, make a payment to an integrated care board.
(2) For the purpose of determining whether to make a payment under subsection (1) and (if so) the amount of the payment, NHS England must take into account at least one of the following factors—
(a) the quality of relevant services provided during the financial year;
(b) any improvement in the quality of relevant services provided during that year (in comparison to the quality of relevant services provided during previous financial years);
(c) the outcomes identified during the financial year as having been achieved from the provision at any time of relevant services;
(d) any improvement in the outcomes identified during that financial year as having been so achieved (in comparison to the outcomes identified during previous financial years as having been so achieved).
(3) For that purpose, NHS England may also take into account either or both of the following factors—
(a) relevant inequalities identified during that year;
(b) any reduction in relevant inequalities identified during that year (in comparison to relevant inequalities identified during previous financial years).
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Regulations may make provision as to how payments under subsection (1) may be spent ....
(7) An integrated care board must publish an explanation of how the board has spent any payment made to it under subsection (1).
(8) In this section—
“relevant services” means services provided in pursuance of arrangements made by the integrated care board in the exercise of its functions by virtue of this Act;
“relevant inequalities” means inequalities between the persons for whose benefit relevant services are at any time provided with respect to—
their ability to access the services, or
the outcomes achieved for them by their provision.
223L Joint financial objectives for integrated care boards etc
(1) NHS England may set joint financial objectives for integrated care boards and their partner NHS trusts and NHS foundation trusts.
(2) An integrated care board and its partner NHS trusts and NHS foundation trusts must seek to achieve any financial objectives set under this section.
(3) Financial objectives under this section may apply to—
(a) integrated care boards and their partner NHS trusts and NHS foundation trusts generally,
(b) a particular integrated care board and its partner NHS trusts and NHS foundation trusts, or
(c) an integrated care board of a particular description and its partner NHS trusts and NHS foundation trusts.
223M Financial duties of integrated care boards etc: use of resources
(1) Each integrated care board and its partner NHS trusts and NHS foundation trusts must exercise their functions with a view to ensuring that, in respect of each financial year—
(a) local capital resource use does not exceed the limit specified in a direction by NHS England;
(b) local revenue resource use does not exceed the limit specified in a direction by NHS England.
(2) In this section “local capital resource use” and “local revenue resource use” means the use of capital resources or (as the case may be) revenue resources by the integrated care board and its partner NHS trusts and NHS foundation trusts, other than use that consists of the transfer of resources between those bodies.
(3) Where an NHS trust or NHS foundation trust is the partner of more than one integrated care board, its use of capital resources or revenue resources is to be apportioned for the purposes of this section to one or more of the integrated care boards in such manner as may be provided for in a direction by NHS England.
(4) NHS England may by direction make provision for determining to which integrated care board, NHS trust or NHS foundation trust a use of capital resources or revenue resources is to be attributed for the purposes of this section.
223N Financial duties of integrated care boards etc: additional controls on resource use
(1) NHS England may direct an integrated care board and its partner NHS trusts and NHS foundation trusts to exercise their functions with a view to—
(a) ensuring that local capital resource use in a financial year which is attributable to matters specified in the direction does not exceed an amount so specified;
(b) ensuring that local revenue resource use in a financial year which is attributable to matters specified in the direction does not exceed an amount so specified.
(2) A direction under subsection (1) may—
(a) specify descriptions of resources which must, or must not, be treated as local capital resources or local revenue resources for the purposes of the direction;
(b) specify uses of local capital resources or local revenue resources which must, or must not, be taken into account for the purposes of the direction.
(3) Any directions given under section 223M(3) or (4) apply for the purposes of this section as they apply for the purposes of section 223M.
(4) In this section “local capital resource use” and “local revenue resource use” have the meaning given by section 223M(2).
223O Resources etc relevant to section 223D, 223E or 223M
The Secretary of State may give directions, in relation to a financial year—
(a) specifying descriptions of resources which must, or must not, be treated as capital resources or revenue resources for the purposes of section 223D, 223E or 223M;
(b) specifying uses of capital resources or revenue resources which must, or must not, be taken into account for the purposes of section 223D, 223E or 223M.
225 Means of meeting expenditure of Special Health Authorities out of public funds
(1) The Secretary of State must pay in respect of each financial year to each Special Health Authority sums not exceeding the amount allotted for that year by the Secretary of State to the Special Health Authority towards meeting the expenditure of the Special Health Authority which is attributable to the performance by it of its functions in that year.
(2) An amount is allotted to a Special Health Authority for a year under this section when it is notified by the Secretary of State that the amount is allotted to it for that year.
(3) The Secretary of State may make an allotment under this section increasing or reducing an allotment previously so made.
(4) The Secretary of State may give directions to a Special Health Authority with respect to—
(a) the application of sums paid to it under this section, or
(b) the payment of sums by it to the Secretary of State in respect of charges or other sums referable to the valuation or disposal of assets.
(5) Sums falling to be paid to Special Health Authorities under this section are payable subject to such conditions as to records, certificates or otherwise as the Secretary of State may determine.
226 Financial duties of ... Special Health Authorities
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Each Special Health Authority must, in respect of each financial year, perform its functions so as to secure that its expenditure which is attributable to the performance by it of its functions in that year does not exceed the aggregate of—
(a) the amount allotted to it for that year under section 225(1),
(b) any sums received by it in that year under any provision of this Act (other than sums received by it under that subsection), and
(c) any sums received by it in that year otherwise than under this Act for the purpose of enabling it to defray any such expenditure.
(3) The Secretary of State may give such directions to a ... Special Health Authority as appear to be requisite to secure that the Authority complies with the duty under subsection (2).
(4) To the extent to which—
(a) any expenditure is defrayed by a ... Special Health Authority as trustee ..., or
(b) any sums are received by a ... Special Health Authority as trustee or under section 222,
that expenditure and, subject to subsection (6), those sums, must be disregarded for the purposes of this section.
(5) For the purposes of this section sums which, in the hands of a ... Special Health Authority, cease to be trust funds and become applicable by the Authority otherwise than as trustee must be treated, on their becoming so applicable, as having been received by the Authority otherwise than as trustee.
(6) Of the sums received by a ... Special Health Authority under section 222, so much only as accrues to the Authority after defraying any expenses incurred in obtaining them must be disregarded under subsection (4).
(7) Subject to subsection (4), the Secretary of State may by directions determine—
(a) whether specified sums must, or must not, be treated for the purposes of this section as received under this Act by a ... specified Special Health Authority,
(b) whether specified expenditure must, or must not, be treated for those purposes as—
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii) expenditure within subsection (2) of a specified Special Health Authority, or
(c) the extent to which, and the circumstances in which, sums received—
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii) by a Special Health Authority under section 225,
but not yet spent must be treated for the purposes of this section as part of the expenditure of the ... Special Health Authority and to which financial year's expenditure they must be attributed.
(8) “Specified” means of a description specified in the directions.
227 Resource limits for ... Special Health Authorities
(1) Each ... Special Health Authority must ensure that the use of its resources in a financial year does not exceed the amount specified for it in relation to that year by the Secretary of State.
(2) For the purpose of subsection (1) the Secretary of State may give directions—
(a) specifying uses of resources which must, or must not, be taken into account,
(b) making provision for determining to which ... Special Health Authority certain uses of resources must be attributed,
(c) specifying descriptions of resources which must, or must not, be taken into account.
(3) The Secretary of State may give such directions to a ... Special Health Authority as appear to be requisite to secure that the Authority complies with the duty under subsection (1).
(4) Subsections (4) to (6) of section 226 apply in relation to the duty under subsection (1) of this section as they apply in relation to the duties under subsection (2) of that section; and for that purpose references to the defraying of expenditure and the receipt of sums are references to the incurring of liabilities and the acquisition of assets.
(5) Where the Secretary of State has specified an amount under this section in respect of a financial year, he may vary the amount by a later specification.
(6) In this section a reference to the use of resources is a reference to their expenditure, consumption or reduction in value.
(1) The Secretary of State may pay to members of any body specified by him in an order as a body formed for the purpose of performing a function connected with the provision of services under this Act, such travelling and other allowances, including compensation for loss of remunerative time, as he may determine.
(2) Payments under this section are subject to such conditions as to records, certificates, or otherwise as the Secretary of State may determine.
234 Special arrangement as to payment of remuneration
(1) Subsection (2) applies where the Secretary of State considers it appropriate for remuneration in respect of—
(a) primary medical services, primary dental services, primary ophthalmic services or pharmaceutical services, or
(b) services provided under a pilot scheme established under section 134(1) of this Act or an LPS scheme,
to be paid by a particular body.
(2) Where this subsection applies, and the functions of the body do not include the function of paying the remuneration, the Secretary of State may by order confer that function on that body.
(3) Any sums required to enable a body to pay the remuneration must, if apart from this section there is no provision authorising the payment of the sums by the Secretary of State or out of money provided by Parliament, be paid by him.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
235 Superannuation of officers of certain hospitals
(1) The Secretary of State may enter into an agreement with the governing body of any hospital to which this section applies—
(a) for admitting officers of the hospital of such classes as may be provided in the agreement to participate, on such terms and conditions as may be so provided, in the superannuation benefits provided under regulations made under section 10 of the Superannuation Act 1972 (c. 11) in like manner as officers of NHS trusts, and
(b) those regulations apply accordingly in relation to the officers so admitted subject to such modifications as may be provided in the agreement.
(2) The governing body of any hospital to which this section applies has such powers as may be necessary for the purpose of giving effect to any terms and conditions on which their officers are admitted to participate in those superannuation benefits.
(3) This section applies to any hospital (not vested in the Secretary of State) which is used, in pursuance of arrangements made by the governing body of the hospital with the Secretary of State, for the provision of services under this Act or the National Health Service (Wales) Act 2006 (c. 42).
(4) “Superannuation benefits” means annual superannuation allowances, gratuities and periodical payments payable on retirement, death or incapacity, and similar benefits.
(1) Where a medical practitioner carries out a medical examination of any person with a view to an application for his admission to hospital for assessment or treatment being made under Part 2 of the Mental Health Act 1983 (c. 20) the prescribed integrated care board must pay to that medical practitioner—
(a) reasonable remuneration in respect of that examination and in respect of any recommendation or report made by him with regard to the person examined, and
(b) the amount of any expenses reasonably incurred by him in connection with the examination or the making of any such recommendation or report.
(2) No payment may be made under this section to a medical practitioner—
(a) in respect of an examination carried out in the provision of primary medical services for that person, or
(b) in respect of an examination carried out or any recommendation or report made—
(i) as part of his duty as an officer of ... an NHS trust, Special Health Authority, NHS foundation trust or Local Health Board, or
(ii) pursuant to arrangements made by NHS England or an integrated care board, or
(iii) pursuant to arrangements made in the exercise (by any person) of the public health functions of the Secretary of State or a local authority.
(3) This section applies only in a case where it is intended, when the medical examination of the person in question is carried out, that if he is admitted to hospital in pursuance of an application mentioned in subsection (1), the whole cost of his maintenance and treatment will be defrayed out of moneys provided by Parliament.