Decision details

Section 75 Agreement (NHS Act 2006) between Bracknell Forest Council and Frimley Clinical Commissioning Group– Updated Arrangements for 2021/22 and beyond

Decision Maker: Executive

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: Yes


To seek approval to extend the Section 75 Arrangements for 2021/22 by up to 12 months while a new Section 75 agreement is being developed.


RECOMMENDED to the Executive Member for Adult Services, Health and Housingthat


1.     The S75 for 2021/22 will be extended by a further 12 months (1 April 2022 31 March 2023), while a new S75 is developed for 2023/24,between BFC and Frimley CCG.


2.     Authority be delegated to the Executive Director for People to agree the extended S75 with an estimated expenditure as per para 5.4 for the services listed in para 5.4.


3.     The extension to the S75 will cover any changes to the legal footing of Frimley CCG, as a new statutory corporate body an NHS Integrated Care Board (ICB) will likely replace Frimley CCG in 2022.

Reasons for the decision:

An anticipated 3-month delay to the Health and Care Bill’s final approval means that

Integrated Care Systems (ICSs) will now, not have a statutory footing until the summer of 2022. Therefore, to meaningfully plan for the impact of legislative changes on local governance and joint commissioning arrangements, it is preferable to move the development of a new S75 during 2022.

Alternative options considered:

Not extending the Section 75 agreement beyond 21/22 would mean that the

arrangements covering joint commissioning and the pooled budgets between Frimley

CCG and the BFC would not be covered until a new S75 is agreed. This is not the

preferred option for legal compliance and transparency reasons; specifically, the Better Care Fund national conditions require for a S75 to be in place.

Interests and Nature of Interests Declared:


Reason Key: Expenditure >£400,000 & Affects more than 1 ward.;

Financial Impact: To be incorporated into the report

Declarations: None

Subject to Urgent Proceedings: No

Making Representations: In writing to the Executive Director: People.

Other reasons / organisations consulted

Discussions with internal colleagues and the CCG.


Legal, Commissioning, Frimley CCG

Contact: Amy Jones, Head of Strategic Commissioning Email:

Report author: Amy Jones

Publication date: 15/03/2022

Date of decision: 15/03/2022

Decided at meeting: 15/03/2022 - Executive

Effective from: 23/03/2022

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