PROHIBITED ACTS AND COUNTER. FRAUD
20.1 The ICB must not commit any Prohibited Act.
20.2 If the ICB or its Staff commits any Prohibited Act in relation to this Agreement with or without the knowledge of NHS England, NHS England will be entitled:
20.2.1 to revoke the Delegation; and
20.2.2 to recover from the ICB the amount or value of any gift, consideration or commission concerned; and
20.2.3 to recover from the ICB any loss or expense sustained in consequence of the carrying out of the Prohibited Act.
20.3 The ICB must put in place and maintain appropriate arrangements, including without limitation Staff training, to address counter-fraud issues, having regard to any relevant Guidance (including from the NHS Counter Fraud Authority).
20.4 If requested by NHS England or the NHS Counter Fraud Authority, the ICB must allow a person duly authorised to act on behalf of the NHS Counter Fraud Authority or on behalf of NHS England to review, in line with the appropriate standards, the counter- fraud arrangements put in place by the ICB.
20.5 The ICB must implement any reasonable modifications to its counter-fraud arrangements required by a person referred to in clause 20.4 in order to meet the appropriate standards within whatever time periods as that person may reasonably require.
20.6 The ICB must, on becoming aware of:
20.6.1 any suspected or actual bribery, corruption or fraud involving public funds; or
20.6.2 any suspected or actual security incident or security breach involving Staff or involving NHS resources; promptly report the matter to NHS England and to the NHS Counter Fraud Authority.
20.7 On the request of NHS England or the NHS Counter Fraud Authority, the ICB must allow the NHS Counter Fraud Authority or any person appointed by NHS England, as soon as it is reasonably practicable and in any event not later than 5 Operational Days following the date of the request, access to:
20.7.1 all property, premises, information (including records and data) owned or controlled by the ICB; and
20.7.2 all Staff who may have information to provide; relevant to the detection and investigation of cases of bribery, fraud or corruption, or security incidents or security breaches directly or indirectly in connection with this Agreement.
