Paragraph 15 I1I2

In section 65KD (Secretary of State’s response to resubmitted report) is amended as follows.

In subsection (3), for “(4) to” substitute “(5), (6) and”.

Omit subsection (4).

For subsections (5) and (6) substitute—

“(5)

If the notice states that an integrated care board has failed to discharge a function—

(a)

the board is to be treated for the purposes of this Act as having failed to discharge the function,

(b)

the Secretary of State may exercise the functions of NHS England under section 14Z61(2), (3)(a) and (5)(a), and

(c)

NHS England may not exercise any of its functions under section 14Z61.

(6)

Where, by virtue of subsection (5)(b), the Secretary of State exercises the function of NHS England under section 14Z61(3)(a), the integrated care board to which the direction is given must cooperate with the Secretary of State.”

Omit subsections (7) and (8).