Transparency data

Independent Reconfiguration Panel: code of practice

Updated 12 March 2024

Applies to England

1. Purpose of the Independent Reconfiguration Panel

The Independent Reconfiguration Panel (IRP) is an advisory non-departmental public body made up of a committee of external experts who operate in a personal capacity to provide independent specialist advice, free from political control, to ministers about NHS reconfigurations. Informal advice is also provided by the IRP to the NHS, local authorities and other interested parties upon request.

The Health and Care Act 2022 reformed the powers for ministerial intervention in the reconfiguration of NHS services. These powers came into force on 31 January 2024 and allow the Secretary of State for Health and Social Care to intervene at any stage of an NHS reconfiguration proposal. The Secretary of State has retained the IRP to support effective and timely decision-making under this process.

2. Responsible minister

The Secretary of State for Health and Social Care, supported by the Minister of State for Health, is accountable to Parliament for all matters concerning the IRP, including the policy framework within with the IRP operates.

3. Department of Health and Social Care sponsorship

The Director of System Oversight and Integration in the Department of Health and Social Care (DHSC) is the senior civil servant responsible for managing the relationship with the IRP on behalf of ministers. Officials within DHSC will liaise regularly with the IRP via the Secretariat to communicate new policy developments that may impact the work of the IRP.

4. The Chief Executive

The IRP Chief Executive, supported by the IRP Secretariat, is responsible for the day to day operations and management of the IRP including its standards of behaviour and corporate governance.

5. The Chair

The IRP Chair is responsible for leading the IRP to deliver its responsibilities and is bound by the Code of Conduct for Board Members of Public Bodies and the Nolan Principles of Public Life.

The Chair is responsible for:

• conducting the IRP’s affairs with high standards of probity
• taking proper account of guidance provided by the responsible minister and DHSC
• representing the views of the IRP to the general public
• ensuring new members are briefed on appointment and have the balance of skills appropriate to the IRP’s business needs
• assessing the performance of individual members via an annual appraisal

Communications between the IRP and the responsible minister will normally be through the Chair who should meet at least once a year to reinforce their relationship and review any issues of concern, including performance, risks and public appointments.

6. Membership

The IRP consists of up to 15 members drawn equally from three areas of expertise: clinical, managerial and lay. Members have collective responsibility for the work of the IRP and are appointed in a personal capacity and not as representatives of their organisations.

Members should:

• comply at all times with the Code of Conduct for Board Members of Public Bodies, which covers conduct in the role and includes the Nolan Principles of Public Life
• support ministers with clear, well-reasoned, timely and impartial advice
• consider and act in the best interests of the IRP and deliver the outcomes expected by DHSC, ministers and ultimately the public
• consider the broader mission and duties of the Secretary of State, DHSC and the government
• show reasonable care, skill and diligence in the exercise of their role and judgement

7. Public appointments

Appointments to the IRP are made by the Secretary of State in accordance with the Cabinet Office’s Governance Code on Public Appointments. The length of tenure is decided by ministers with a strong presumption that no member should serve more than two terms or ten years in total.

Reappointments and extensions require the agreement of ministers. There is no automatic presumption of reappointment. Each case is considered on its own merits and will consider the diversity of the current panel and its balance of skills and experience.

8. Appraisals

The appraisal of the Chair will be conducted annually by the Director of System Oversight and Integration in DHSC.

The Chair is required to undertake an annual appraisal process for members which is proportionate to the role and will focus on both outcomes and behaviours. A record of the appraisal will be provided to DHSC. No reappointments or extensions will be made without a satisfactory performance appraisal which will be considered by ministers as part of the decision-making process.

9. Annual report

The IRP will publish an annual report of the previous year’s activities on GOV.UK.

10. Contact with the media

The IRP is supported by an external agency, currently Grayling Communications Ltd, to manage public relations activity for the IRP. As a rule, all handling of the media is conducted through the IRP’s press office.

If members are approached directly by the media they should inform the IRP Secretariat before making any comments or being interviewed about reconfiguration issues, even if those issues are not directly related to the IRP’s work.

11. Conflicts of interest

Members are required to declare publicly via the IRP’s register of interests any private financial or non-financial interests which may, or may be perceived to, conflict with their public duties as a member of the IRP. The register will be published on GOV.UK and members are responsible for informing the IRP Secretariat of any changes.

Members should consider declaring interests against the following categories:

• personal interests - those of close family members or those living in the same household which members could reasonably be expected to be aware of
• financial interests – direct or indirect, such as shareholdings or business interests
• outside occupations – all outside employment, appointments, voluntary roles, positions of authority or memberships
• previously held roles within the last two years that may still be seen as material

An oral declaration should be made to the Chair during IRP meetings if the interest relates to a particular issue under consideration and will be recorded in the minutes.

Members are required to remove themselves from the discussion or determination of matters in which they have a financial interest or where the interest might suggest a risk of bias.

12. Gifts and hospitality

Members must not accept any gifts or hospitality which may or may reasonably appear to, compromise their personal judgement or integrity or place them under an improper obligation. Members should inform the IRP Secretariat of any offers of gifts or hospitality and ensure that, where accepted, it is recorded in the public register of interests for the IRP.

Members are responsible for decisions on the acceptance of gifts or hospitality and for ensuring that these can stand up to public scrutiny and do not bring their role as a member of the IRP into disrepute.

13. Political activity

Members should not make political statements or engage in political activity on matters directly related to the work of the IRP. Any requests to attend party conferences in an official capacity must be approved by both DHSC and the Cabinet Office.

14. Use of social media

Members must be mindful of commenting on government policies and practices on social media which may compromise the role of the IRP as an impartial source of advice to the government.

15. Information handling and cyber security

Members are required to exercise care in the use of information acquired in the course of their duties and to protect such information in line with the IRP’s guidance on information governance. Members must not misuse information gained in the course of their role for personal gain or for political purpose.

Members must not disclose any information which is confidential or sensitive and this duty continues to apply after they have left the IRP.