Health and Care Act 2022

SCHEDULE 3 Conferral of primary care functions on integrated care boards etc

Section 22 PART 1 Conferral of functions etc Medical services 3 For section 83 and the italic heading before it substitute— Meaning of primary medical services Primary medical services for purposes of this Act 82A (1) Regulations may provide that services of a prescribed description must, or must not, be regarded as primary medical services for the purposes of this Act. (2) Regulations under this section may, in particular, describe services by reference to the manner or circumstances in which they are provided. Duty of integrated care boards to arrange primary medical services Duty of integrated care boards to arrange primary medical services 82B (1) Each integrated care board must exercise its powers so as to secure the provision of primary medical services to such extent as it considers necessary to meet the reasonable requirements of the persons for whom it has responsibility. (2) For the purposes of this section an integrated care board has responsibility for— (a) the group of people for whom it has core responsibility (see section 14Z31), and (b) such other people as may be prescribed (whether generally or in relation to a prescribed service). General functions General power to make arrangements 83 (1) An integrated care board may make such arrangements for the provision of primary medical services as it considers appropriate for the purpose of discharging its functions under section 82B (and may, in particular, make contractual arrangements with any person). (2) NHS England may make such arrangements for the provision of primary medical services as it considers appropriate for the purpose of discharging any functions under section 3B(1) (and may, in particular, make contractual arrangements with any person). (3) The arrangements that may be made under this section include— (a) in the case of an integrated care board, arrangements for the performance of a service outside its area (whether or not in England); (b) in the case of NHS England, arrangements for the performance of a service outside England. (4) Arrangements under this section may confer discretions on a person with whom they are made in relation to anything to be provided under the arrangements. (5) The powers under this section are in addition to the powers conferred by sections 84 and 92. Publication of information 83A Each integrated care board and NHS England must publish information about such matters as may be prescribed in relation to the primary medical services provided under this Act. 4 (1) Section 84 (general medical services contracts: introductory) is amended as follows. (2) In subsection (1), for “The Board” substitute “An integrated care board or NHS England”. (3) In subsection (3) for “the Board” substitute “the integrated care board or NHS England (as the case may be)”. (4) For subsection (4) substitute— (4) The services to be provided under a general medical services contract may include services which are not primary medical services. (4A) The services to be provided under a general medical services contract may include— (a) in the case of a contract entered into by an integrated care board, services to be performed outside its area (whether or not in England); (b) in the case of a contract entered into by NHS England, services to be performed outside England. (4B) A general medical services contract may confer discretions on a person with whom it is made in relation to anything to be provided under the contract. (5) In subsection (5), for “the Board” substitute “the integrated care board or NHS England”. 5 In section 86 (persons eligible to enter into GMS contracts), in subsection (1), for “The Board” substitute “An integrated care board or NHS England”. 6 In section 87 (GMS contracts: payments), in subsection (3)(d), for “the Board” substitute “an integrated care board or NHS England”. 7 (1) Section 89 (GMS contracts: other required terms) is amended as follows. (2) Omit subsections (1A) to (1E). (3) In subsection (4)(a), for “the Board” substitute “an integrated care board or NHS England”. 8 (1) Section 91 (persons performing primary medical services) is amended as follows. (2) In subsection (1), for “the Board”, in the first place it occurs, substitute “an integrated care board or NHS England”. (3) In subsection (2), for paragraph (b) substitute— (b) an integrated care board or NHS England is responsible for a primary medical service if it secures its provision under or by virtue of any enactment. 9 (1) Section 92 (arrangements for the provision of primary medical services) is amended as follows. (2) In the heading, for “the Board” substitute “an integrated care board or NHS England”. (3) For subsection (1), substitute— (1) An integrated care board or NHS England may make agreements, other than arrangements pursuant to section 83 or general medical services contracts, under which primary medical services are provided. (4) After subsection (5) insert— (5A) An agreement may confer discretions on a person with whom it is made in relation to anything to be provided under the agreement. 10 In section 93 (persons with whom agreements may be made under section 92), in subsection (1), for “The Board” substitute “An integrated care board or NHS England”. 11 (1) Section 94 (regulations about section 92 arrangements) is amended as follows. (2) In subsection (2), for “the Board” substitute “an integrated care board or NHS England”. (3) In section (3), for paragraph (ca) substitute— (ca) provide that section 92 arrangements made by an integrated care board may be made in relation to services to be performed outside its area (whether or not in England), (cb) provide that section 92 arrangements made by NHS England may be made in relation to services to be performed outside England, . (4) Omit subsections (3A) to (3E). (5) In subsection (6), for “the Board” substitute “an integrated care board or NHS England”. (6) In subsection (7), omit “to” in the first place it occurs. 12 (1) Section 96 (assistance and support: primary medical services) is amended as follows. (2) In subsection (1)— (a) for “The Board” substitute “An integrated care board”; (b) in paragraph (za), for “83(2)” substitute “83”. (3) In subsection (2)— (a) for “the Board”, in the first place it occurs, substitute “an integrated care board”; (b) for “the Board”, in the second place it occurs, substitute “the integrated care board”. 13 (1) Section 97 (Local Medical Committees) is amended as follows. (2) In subsection (1), for “The Board may recognise a committee formed for an area, which it is satisfied” substitute “An integrated care board may recognise a committee formed for an area that includes the whole or part of the integrated care board’s area if it is satisfied that the committee”. (3) In subsection (3)(b), for “the Board” substitute “the integrated care board”. (4) In subsection (6), for “the Board” substitute “an integrated care board”. (5) In subsection (10)— (a) for “The Board” substitute “An integrated care board”; (b) in paragraphs (a) and (b), for “the Board” substitute “the integrated care board”. 14 For section 98A substitute— Delegation of Secretary of State’s functions to NHS England 98A (1) The Secretary of State may direct NHS England to exercise any of the Secretary of State’s functions relating to the provision of primary medical services. (2) Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations. NHS England’s power to direct integrated care boards 98B NHS England may give directions to an integrated care board about the exercise by it of any of its functions under this Part.