Part 1: Health Service in England: Integration, Collaboration and Other Changes Patient Choice and Provider Selection Schedule 11: Patient choice: undertakings by integrated care boards
This schedule contains further details about the procedure for undertakings under the new section 6F inserted into the NHS Act 2006 by section 78 of the Act.
	Paragraph 2 outlines a requirement for NHS England to publish a procedure for entering into undertakings and allows NHS England to revise this and republish it. Both revision and initial publication require NHS England to consult those they think appropriate to consult.
	Paragraph 3 describes that, on accepting an undertaking, NHS England must publish it but remove commercial information that would harm business interests or information related to a person’s private affairs that would harm their interests.
	Paragraph 4 allows the undertaking to be varied by mutual agreement of the integrated care board giving the undertaking and NHS England.
	Paragraph 5 relates to compliance certificates. When NHS England is satisfied that an undertaking has been complied with they must issue a "compliance certificate". An integrated care board that has given an undertaking may apply to NHS England at any time for a compliance certification with the information and in a manner that NHS England requires. NHS England must decide, and notify the applicant, within 14 days beginning with the day after receiving the application.
	Paragraph 6 outlines an appeal process. An integrated care board that has had an application for a compliance certificate refused can appeal to the First-tier Tribunal on the grounds that the decision is based on an error of fact, is wrong in law, or is unfair or unreasonable. The Tribunal may confirm NHS England’s decision or rule that it has no effect.
	Paragraph 7 describes that, when NHS England considers that an integrated care board has supplied inaccurate, misleading, or incorrect information it can treat it as a failure to comply. If it does so, it must revoke any compliance certificates given to that integrated care board.