Part 1: Health Service in England: Integration, Collaboration and Other Changes Joint Working and Delegation of Functions Section 71: Joint working and delegation arrangements
This section inserts new provisions into the NHS Act 2006.
	Section 65Z5 Joint working and delegation arrangements. Under subsection (1), any of the bodies set out or prescribed under subsection (2) may arrange for one of its functions to be exercised by or jointly with one of the other bodies under subsection (2), or a local authority, or a combined authority. This includes functions that have already been delegated to a relevant body under this section. Regulations made under subsection (2)(e) may set out other bodies to be added to the definition of a relevant body and be party to the arrangements under subsection (1). It will also be possible to set out in regulations under subsection (3) which functions are not subject to arrangements made under subsection (1), or the extent to which they could be included in arrangements or where certain conditions should apply to the exercise of the power at subsection (1). Under subsection (4), powers under this section 65Z5 may be exercised on such terms as may be agreed, including terms of payment as well as terms prohibiting or restricting the further onward delegation of a function. Under subsection (6), a body to which a function has been delegated will acquire the rights and liabilities that arise or may arise from the exercise of that function, and these rights and liabilities are enforceable by or against that body only.
	Section 65Z6 Joint committees and pooled funds. This section applies where a body listed under section 65Z5(2) has agreed to jointly exercise a function with another body listed or prescribed under section 65Z5(2), or a local authority or a combined authority. Under subsection (2), the parties jointly exercising the function may set up a joint committee in order to exercise the function. Under subsection (3), the parties jointly exercising the function may also establish and maintain a pooled fund in order to exercise the function. A pooled fund is defined as a fund to which the parties jointly exercising the function have contributed and out of which payments can be made in the exercise of functions under the arrangements. Under subsection (4), the parties jointly exercising the function may agree between themselves the terms of their respective liabilities in relation to the joint exercise of the function. The intention is to issue guidance under section 65Z7 about how joint committee arrangements could be administered and how liability arrangements could be decided. Regulations made under section 65Z5(3) may also impose conditions on what functions can be placed in a joint committee and how it should operate.
	Section 65Z7 Joint working and delegation: guidance by NHS England. Under subsection (1), NHS England can issue guidance concerning the joint working and delegation arrangements set out under sections 65Z5 and 65Z6. Under subsection (2), all bodies listed under section 65Z5(2) or prescribed under subsection (2)(e) must have regard to that guidance.
	Under subsection (3) of section 71 of this Act, section 75(7B) of the NHS Act 2006, which details arrangements between NHS bodies and local authorities, is amended so that where a combined authority is exercising an NHS function as part of the arrangements under section 65Z5, it can be treated as an NHS body under section 75 of the NHS Act 2006.