Moved by
Lord Warner
44DD: After Clause 9, insert the following new Clause—
“NHS responsibilities
(1) The Secretary of State may transfer to a combined authority any NHS responsibilities provided for in the Health and Social Care Act 2012 if he considers—
(a) that it is in the best interests of the authority’s population in terms of health outcomes; and
(b) that it will help fulfil his duty in section 2 of the 2012 Act (the Secretary of State’s duty as to improvement in quality of services) to improve the quality of health services.
(2) In making a transfer of responsibilities to a combined authority under subsection (1), the Secretary of State shall request that a memorandum of understanding between NHS England and the combined authority be agreed.
(3) The memorandum of understanding shall—
(a) be consistent with the duties and powers of the combined authority under the 2012 Act, and
(b) last for a minimum of 5 years, unless the combined authority fails to discharge its responsibilities under the memorandum, including its mandate from the Secretary of State.
(4) Any memorandum under subsection (2) shall have regard to the Secretary of State’s duty under section 5 of the 2012 Act (the Secretary of State’s duty as to promoting autonomy) by—
(a) promoting autonomy and avoiding placing unnecessary burdens on the combined authority, and
(b) specifying the key health outcomes to be achieved by the combined authority.
(5) The requirements in the memorandum shall be set out in regulations by the Secretary of State.
(6) A combined authority assuming NHS responsibilities under the provisions of this section shall publish an annual report on how it has discharged its responsibilities on the basis set out in the memorandum of understanding.”