National Health Service Act 2006, Chapter 5 — Formation of companies (223–223A.) — Full Text

Public-private partnerships

223

(1) The Secretary of State or NHS England may form, or participate in forming, companies to provide facilities or services to persons or bodies exercising functions, or otherwise providing services, under this Act. (2) The Secretary of State or NHS England may, with a view to securing or facilitating the provision by companies of facilities or services to persons or bodies falling within subsection (1)— (a) invest in the companies (whether by acquiring assets, securities or rights or otherwise), or (b) provide loans and guarantees and make other kinds of financial provision to or in respect of them, or both. (3) For the purposes of subsections (1) and (2) it is immaterial that the facilities or services provided or to be provided by the companies in question are not provided or to be provided— (a) only to persons or bodies falling within subsection (1), or (b) to persons or bodies falling within subsection (1) only in their capacities as persons or bodies such as are mentioned in that provision. (4) “ Companies ” means companies as defined in section 1(1) of the Companies Act 2006 (c. 6). (5) This section does not affect any powers of the Secretary of State or NHS England exercisable otherwise than by virtue of this section.

Application of section 223 to integrated care boards

223A.

(1) Section 223 applies in relation to an integrated care board as it applies in relation to NHS England. (2) But the powers conferred by that section are exercisable by an integrated care board only for the purpose of securing improvement— (a) in the physical and mental health of the group of people for whom it has core responsibility (see section 14Z31 ), or (b) in the prevention, diagnosis and treatment of illness in such people.