# The Integrated Care Boards (Nomination of Ordinary Members) Regulations 2022, Note: Explanatory note


(This note is not part of the Regulations)
The National Health Service Act 2006 (“the NHS Act 2006”), provides for the establishment of integrated care boards (“ICBs”) to take over the commissioning functions of clinical commissioning groups.
Schedule 1B to the NHS Act 2006 (which was inserted by the Health and Care Act 2022 (c. 31)) makes provision for the constitution of ICBs, including the persons who may nominate the ordinary members of the ICBs. The persons who may nominate such ordinary members include NHS trusts and NHS foundation trusts that provide services for the purposes of the health service within the area of an integrated care board (“relevant trusts”) and which are of a prescribed description, and providers of primary medical services who provide such services for the purposes of the health service within that area (“relevant providers”) and who are of a prescribed description.
These Regulations set out the prescribed descriptions of NHS trusts, NHS foundation trusts and providers of primary medical services.
A relevant trust is of a prescribed description in relation to an ICB if—
(a) the relevant ICB considers that the trust is essential to the forward planning of the provision of services for the purposes of the health service to the group of people for whom the ICB has responsibility under section 3 or 3A (or both) of the NHS Act 2006, or
(b) if the relevant trust does not meet that condition, the trust mostly, by reference to its income, provides services for the purposes of the health service to that group of people.
Transitional provision is made in respect of the nominations to be made for the first ICBs to be established and the calculation of income for the purposes of the condition mentioned above.
A relevant provider is of a prescribed description in relation to an ICB if any of the services which the provider provides within the ICB’s area are NHS primary medical services and provided to the group of people for whom the ICB has core responsibility for the purposes of the NHS Act 2006 (see section 14Z31(5) of that Act which defines “NHS primary medical services” as primary medical services of a prescribed description provided pursuant to a general medical services contract or arrangements made under section 83 or 92 of that Act).
An impact assessment has been prepared in relation to the Health and Care Act 2022. A copy of the impact assessment is available on https://www.gov.uk/government/publications/health-and-care-bill-combined-impact-assessments. A hard copy can be obtained by writing to the Department of Health and Social Care, 39 Victoria Street, London, SW1H 0EU.

---
Source: https://www.legislation.gov.uk/uksi/2022/591/note (the official version)
Page: https://openlegislation.uk/integrated-care-boards-nomination-of-ordinary-members-regulations-2022/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.