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Background

The framework provided by the National Health Service Act 2006 means money can be pooled between health bodies and health-related local authority services, functions can be delegated and resources and management structures can be integrated.

The arrangements allow commissioning for existing or new services, as well as the development of provider arrangements, to be joined-up. They were previously referred to as Section 31 Health Act flexibilities, and cover:

• lead commissioning
• integrated provision
• pooled budgets.

In England, Section 31 of the Health Act 1999 has been replaced by Section 75 of the National Health Service Act 2006, which has consolidated NHS legislation.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 under Section 75, rather than to Section 31. Similarly, previous grant arrangements known as Section 28 A and Section 28 BB have changed as result of the NHS Act 2006, and are now known as Section 256 and 76 respectively.

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