The Health Act 1999 provides an enabling framework so that money can be pooled between health bodies and health-related local authority services, and resources and management structures can be integrated.
The arrangements, which have been in use since April 2000, allow for the joining-up of commissioning for existing or new services and similarly for the development of provider arrangements.
The arrangements are commonly referred to as Section 31 Health Act flexibilities:
- Lead Commissioning
- Integrated Provision
- Pooled Budgets
Section 31 of the Health Act 1999 has now been repealed and replaced, for England, by section 75 of the National Health Service Act 2006, which has consolidated NHS legislation.
The new provision is in exactly the same terms and existing section 31 arrangements will continue as if made under the new powers. Any new partnership arrangements should refer to the new powers rather than to section 31.
You are reminded of the requirement to notify the Department of Health of all intended use of S31 Health Act Flexibilities.
From April 2007, you are also requested to notify the Department on Section 28a and 28bb partnerships.
The Integrated Care Network (ICN) is commissioned by the Department of Health to maintain the national register of notification forms. Forms can be downloaded from its website.
People want and deserve the best public services, which will protect and improve their health and well being. The Section 31 partnership arrangements have been developed to give NHS bodies and local authorities the flexibility to be able to respond effectively to improve services, either by joining up commissioning or existing services, or developing new, co-ordinated services, and to work with other organisations to fulfil this.
Further advice and guidance including local good practice examples and technical briefs can be found on the ICN website.
ICN has published a checklist on Section 31 partnerships.
You may want to run a workshop at a local level to decide what and how to take forward your partnership. There are slides on the ICN website which could help.
You may need to account for VAT within your partnership.
If your partnership includes nursing functions, you will need to be clear about delegation to the local authority.
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