Part 1: Health Service in England: Integration, Collaboration and Other Changes Integrated Care Boards Schedule 2: Integrated care boards: constitution etc. Part 1
Part 1 concerns the constitutions of integrated care boards. Every integrated care board must have a constitution (paragraph (1)) that specifies its name and the area for which it is established (paragraph (2)). Under paragraph (3), the constitution must also set out the minimum requirements for membership of the board of the integrated care board, which must include a chair, a chief executive and at least three other members, known as "ordinary members". Paragraph (4) sets out that the constitution must specify that an integrated care board must not appoint a person as member of an integrated care board if that appointment could reasonably be regarded as undermining the independence of the NHS because of their involvement in the private health sector or otherwise.
	Under paragraph (5), the chair of the integrated care board will be appointed by NHS England, with the approval of the Secretary of State. Under paragraph (6), the constitution must not provide for anyone other than NHS England to remove the chair from office. The power for NHS England to remove the chair from office must be subject to the approval of the Secretary of State.
	Under paragraph (7), the chief executive must be appointed by the chair, with the approval of NHS England. The constitution should set out that the chief executive must be an employee of the integrated care board.
	Under paragraph (8), the constitution must detail by whom the ordinary members of the integrated care board will be appointed and state that the chair must approve the appointments of the ordinary members (sub-paragraph (1)).
	The ordinary members of the integrated care board must, at a minimum, include:
At least one member jointly nominated by NHS trusts and NHS foundation trusts that provide services within the area of the integrated care board (sub-paragraph (2)(a));
At least one member jointly nominated by persons who provide primary medical services within the area of the integrated care board and are of a prescribed description (sub-paragraph (2)(b)); and
At least one member jointly nominated by the local authorities within the area of the integrated care board and are of a prescribed description (sub-paragraph (2)(c)).
	These members are to be appointed by the chair. The constitution must detail how the process of nominating representatives should operate (sub- paragraph (3)). NHS England may publish guidance about this process, to which the persons involved must have regard (sub-paragraph (4)).
	Under subsection (5) the descriptions of trusts or other persons that may be prescribed for the purposes of sub-paragraph (2)(a) or (b) may, in particular, be framed by reference to the nature of the services that they provide or the proportion of their services that are provided within the integrated care board’s area.
	Under subsection (6), the chair must exercise the approval function mentioned in sub-paragraph (1)(b) with a view to ensuring that at least one of the ordinary members has knowledge and experience in connection with services relating to the prevention, diagnosis and treatment of mental illness.
	Under paragraph (9), the constitution may include further details concerning the membership of the integrated care board such as how members are to be appointed and the conditions of membership (e.g. tenure, remuneration, eligibility for re-appointment). Under paragraph (10), further requirements in relation to the constitution may be set out in regulations, which the integrated care board must adhere to.
	Under paragraph (11), the constitution must detail how the integrated care board will discharge its functions and may provide for committees or sub-committees of the integrated care board to be formed in order to exercise the board’s functions. For example, this would allow the delegating of budgets and functions to "place"-level committees of the integrated care board as is locally appropriate. These committees and sub-committees may include members who are not board members or employees of the integrated care board. Sub-paragraph (4) prohibits the chair from approving or appointing someone as a member of any such committee or sub-committee if the chair considers that the appointment could reasonably be regarded as undermining the independence of the health service because of the candidate’s involvement with the private healthcare sector or otherwise.
	Under paragraph (12), the constitution must also detail the procedure the integrated care board will follow when making decisions and how the board will ensure that decisions are made transparently. Paragraph (13) requires the constitution to include detail about how it will maintain registers of interests (as required under section 14Z30) and how any conflicts of interest will be identified and managed. The constitution should also detail how the integrated care board will fulfil its duties to involve or consult the public as required under section 14Z45(2) (under paragraph (14)) including a statement of the principles to be followed in implementing such arrangements).
	Under paragraph (15), the constitution must detail the process for how the constitution can be amended. This must include provision allowing NHS England to approve any amendments to the constitution as well as provision for NHS England to amend the constitution on its own initiative. The intention is for NHS England to issue a model constitution to assist integrated care boards in developing their own. Paragraph (16) sets out that the constitution may make further provision to those matters already listed in Part 1.