Part 1: Health Service in England: Integration, Collaboration and Other Changes Integrated Care Boards Section 19: Establishment of Integrated Care Boards
Establishment of integrated care boards (including by re-purposing clinical commissioning groups). This section inserts Chapter A3 into the NHS Act 2006. This Chapter includes new sections 14Z25 to 14Z28 which make provision for the abolition of CCGs and the establishment of integrated care boards; new section 14Z29 which concerns the publication of an integrated care board’s constitution; and new section 14Z30 which concerns the management of conflicts of interest.
	Duty to establish integrated care boards. New section 14Z25 requires NHS England to establish integrated care boards (subsection (1)) by issuing an establishment order for each relevant area in England (subsection (2)). Under subsection (3), the geographical boundaries of each integrated care board may not coincide or overlap. Under subsection (4), all areas of England must have an integrated care board on, and after, the day of commencement for these provisions, which will be set out in regulations (subsection (9)). Under subsection (5), the establishment order referred to in subsection (2) must either include the integrated care board’s constitution, or reference where the integrated care board’s constitution is published. Under subsection (7), NHS England is required to consult with any integrated care board that might be affected before varying or revoking an establishment order. Further information about the requirements for integrated care board constitutions can be found in Schedule 1B of the NHS Act 2006.
	Process for establishing initial integrated care boards. New section 14Z26 subsection (1) requires NHS England to publish a list of the initial areas where integrated care boards are to be established. Under subsection (2), the existing CCG or CCGs in those areas are required to propose a constitution for the new integrated care board to be established in their area, for consideration by NHS England. Under subsection (3), in developing a constitution, CCGs must consult with any persons they consider appropriate to consult with. Under subsection (4), NHS England must give effect to a proposed constitution unless NHS England consider the proposal inappropriate. NHS England is required to determine the terms of an integrated care board’s constitution if a CCG or group of CCGs propose an inappropriate constitution or fail to consult appropriately on the terms of the constitution. Subsection (5) states that nothing in this section prevents NHS England from establishing the first integrated care board in a case where the relevant clinical commissioning group or groups have failed within a reasonable period to make a proposal under subsection or limits the re-exercise of the power in section 14Z25. Under subsection (6), NHS England can publish guidance for CCGs concerning the process for establishing initial integrated care boards, to which CCGs are required to have regard under subsection (7).
	Abolition of clinical commissioning groups. Under new section 14Z27, all CCGs will be abolished on an appointed day (subsection (1)), which will be the same day NHS England’s duty to establish integrated care boards commences and will be defined in regulations (subsection (2)).
	Transfer schemes in connection with integrated care boards. New section 14Z28 contains provision about schemes for the transfer of staff, property, rights and liabilities in connection with the establishment of integrated care boards and abolition of CCGs. Transfer schemes in connection with the establishment of integrated care boards may transfer property, rights or liabilities from NHS England, an NHS trust, an NHS foundation trust or a Special Health Authority to the board. NHS England can also make transfer schemes in connection with the variation of the constitution of an integrated care board, or the abolition of an integrated care board where property, rights or liabilities can be transferred to NHS England or another integrated care board. Under subsection (5), NHS England is required to ensure that all property, rights and liabilities (except criminal liabilities) of CCGs are transferred to one integrated care board, if the CCG’s area coincides with that integrated care board’s area, or to one or more integrated care boards if the areas do not coincide. Rights and liabilities include rights and liabilities relating to contracts of employment. Subsection (7) contains a list of things a transfer scheme may do, including make provision which is the same as or similar to the Transfer of Undertakings (Protection of Employment) Regulations 2006, which includes certain protections of employment rights for transferred staff.
	Duty for integrated care board to publish constitution. Under new section 14Z29, each integrated care board is required to publish its constitution, including when it is updated or varied.
	Register of interests and management of conflicts of interests. New section 14Z30 subsection (1) requires each integrated care board to maintain and publish (or make arrangements for access to) a register of any interests of its board members, committee or sub-committee members, and its employees. Each integrated care board must ensure that any potential conflicts of interest that may affect the board’s decision-making when commissioning services are declared promptly (subsection (3)) and managed effectively (subsection (4)).