s 12ZA Commissioning arrangements by NHS England or integrated care boards
(1) This section applies in relation to arrangements made by NHS England or an integrated care board in the exercise of functions under section 3, 3A, 3B or 4 or Schedule 1. (2) The arrangements may be made with any person or body (including public authorities and voluntary organisations). (2A) The arrangements may confer discretions on a person with whom they are made in relation to anything to be provided under the arrangements. (3) If NHS England or an integrated care board arranges for the provision of facilities by a service provider, it may also make arrangements for those facilities to be made available to another service provider or to an eligible voluntary organisation. (4) NHS England or an integrated care board may make available any of its facilities to— (a) a service provider, or (b) an eligible voluntary organisation. (5) Where facilities are made available under subsection (4) any of the following persons may make available the services of any employee of that person who is employed in connection with the facilities— (a) the Secretary of State, (b) NHS England , (c) an integrated care board, (d) a Special Health Authority, or (e) a Local Health Board. (6) Goods or materials may be made available under this section either temporarily or permanently. (7) Any power to supply goods or materials under this section includes— (a) a power to purchase or store them, and (b) a power to arrange with third parties for the supply of goods or materials by those third parties. (8) Powers under this section may be exercised on such terms as may be agreed, including terms as to the making of payments. (9) In this section— “ eligible voluntary organisation ” means a voluntary organisation eligible for assistance under section 64 or section 65 of the Health Services and Public Health Act 1968; “ service provider ” means a person or body with whom NHS England or an integrated care board has made arrangements in the exercise of the functions mentioned in subsection (1).