s 16
(1) The powers of a clinical commissioning group include power to enter into externally financed development agreements. (2) For the purposes of this paragraph, an agreement is an externally financed development agreement if it is certified as such in writing by the Secretary of State. (3) The Secretary of State may give a certificate under this paragraph if— (a) in the Secretary of State's opinion the purpose or main purpose of the agreement is the provision of services or facilities in connection with the discharge by a clinical commissioning group of any of its functions, and (b) a person proposes to make a loan to, or provide any other form of finance for, another party in connection with the agreement. (4) If a clinical commissioning group enters into an externally financed development agreement it may also, in connection with that agreement, enter into an agreement with a person who falls within sub-paragraph (3)(b) in relation to the externally financed development agreement. (5) In sub-paragraph (3)(b) “ another party ” means any party to the agreement other than the clinical commissioning group. (6) The fact that an agreement made by a clinical commissioning group has not been certified under this paragraph does not affect its validity.