Financial planning for large hospital services and hosted services: guidance

Annex A: Statutory Provisions for the amounts to be set aside

Requirements of the Act

Section 1(3) (d)

In relation to any functions to which subsection (14) applies that are to be delegated, a method of determining amounts to be made available by the Health Board for use by the person to whom the functions are delegated in respect of those functions;

Section 1 (14)

This subsection applies where functions that a Health Board proposes to delegate under an integration scheme-

(a) are carried out in a hospital in the area of the Health Board, and

(b) are provided for the areas of two or more local authorities.

Sections 14 (3) and 19 (2)

Where an integration scheme contains provision of the type mentioned in section 1(3)(d), the Health Board must set aside for use by the IJB/local authority an amount determined in accordance with the method set out in the scheme in relation to each function delegated to the IJB/local authority.

Section 27

(1) A direction under section 26-

(a) must, where provision of the type mentioned in section 1(3)(d) is included in the integration scheme in relation to the function to which the direction relates, set out the amount which has been set aside by the Health Board for the use of the person who is to carry out the function.

Section 28

(1) This section applies where under section 14(3) or 19(2) a Health Board is required to set aside an amount in respect of certain functions delegated to an integration authority.

(2) The integration authority may by direction require a Health Board-

(a) to carry out a function delegated to the integration authority by the Health Board and in relation to which amounts have been set aside, and

(b) to use an amount of the set aside amount specified in the direction (the "specified amount") for that purpose.

(3) If the integration authority gives a direction under subsection (2) and, despite the direction, the Health Board does not use all of the specified amount, the integration authority may require the Health Board to pay to it the unused amount of the specified amount.

(4) If the integration authority gives a direction under subsection (2) and, despite the direction, the Health Board requires to use more than the specified amount, the Health Board may require the integration authority to reimburse it for the additional amount used.

(5) The Health Board must give reports to the integration authority about such matters relating to the amounts set aside as the integration authority may specify.

(6) Reports under subsection (5) must be given at such times and in relation to such periods as the integration authority may specify.

Requirements of draft Regulations: Content of the Integration Scheme

Financial reporting to the integration joint board and chief officer by the constituent authorities; i.e. The frequency with which the Health Board is required to provide financial monitoring reports to the integration joint board and the chief officer in relation to amounts which have been set aside for use by the integration authority; and the agreed content of the financial monitoring reports.

Re-determination of payments to, and amounts set aside for the use of, the integration authority; i.e. The method by which any variations to the amounts determined under the methods set out in the scheme by virtue of section 1(3)(d) and (e) of the Act will be determined, including the conditions which will require to be met before variations may be made.