Commentary on provisions of Act Schedules Schedule 4: Amendments of the National Health Service Act 2006
This Schedule provides for amendments to the National Health Service Act 2006 ("the 2006 Act"). The amendments concern the making of arrangements by National Health Service bodies with combined authorities or local authorities for the exercise of health commissioning functions under the 2006 Act, as well as provision which may be made in regulations concerning local authority social care information. The Schedule inserts in the 2006 Act sections 13ZA, 13ZB, 14Z3A, and amends sections 75, 251, 275 and 276 of that Act.
	Sections 13ZA and 13ZB concern "devolved arrangements" for the exercise of functions of the NHS Commissioning Board which it may make with clinical commissioning groups and other prescribed bodies under section 13Z of the 2006 Act. Combined authorities, and local authorities may be prescribed under section 13Z. Sections 13ZA and 13ZB make provision for those authorities and clinical commissioning groups, amongst others, to be able to exercise functions of the Board jointly, subject to certain requirements, to do so via a joint committee, and to pool funds received under section 13Z arrangements. "Devolved arrangements" may relate to one or more of the functions of the Board: the Board may agree terms with its delegates or partners that permit payments out of pooled funds to be spent on any of its functions which are the subject of a single set of devolved arrangements. Section 13ZB makes particular provision in respect of functions of the Board under section 3B(1)(d) of the 2006 Act, requiring that section 13Z arrangements may only be made if they are "devolved arrangements" under section 13ZA and the Board considers it appropriate to make such arrangements having regard to specified considerations.
	The Schedule further amends section 13ZA to clarify that "devolved arrangements" may relate to one or more of the functions of the NHS Commissioning Board. The Board may agree terms with its delegates or partners that permit payments out of pooled funds to be spent on any of its functions which are the subject of a single set of devolved arrangements. It also provides that the minimum membership of a joint committee exercising functions under section 13ZA must include one clinical commissioning group and one combined authority or local authority.
	Section 14Z3A makes provision for one or more clinical commissioning groups to make arrangements to exercise their functions jointly with a combined authority.
	Amendments to section 75 of the 2006 Act make provision for the participation of combined authorities in partnership arrangements under that section where they exercise a function by virtue of voluntary arrangements (as defined).
	Amendments to section 251 of the 2006 Act clarify the existing regulation‐making power to ensure that local authority social care information about individuals may, alongside health care patient data, be the subject of regulations controlling patient data.