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National Health Service Act 2006

Type Public General Act
Publication 2006-11-08
Last updated 2025-09-01
State In force
Department Statute Law Database
Source legislation.gov.uk
articles Not indexed
Reform history JSON API

[^M_F_1fc6b68e-33e9-427c-9d63-6436ed38740e]: S. 65H(7)(za) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 8 para. 7(2)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^M_F_277f28c0-c9ca-4b17-842c-f173f2caed8e]: Ss. 52A, 52B, 52D, 52E: the insertion of these provisions by 2009 c. 21, s. 15(1) falls by virtue of the omission of that amending provision (1.11.2012) by virtue of Health and Social Care Act 2012 (c. 7), ss. 173(5), 306(4); S.I. 2012/2657, art. 2(2)

[^M_F_2a9a9d07-ce6e-4227-a5b9-07cf46bf89f5]: Words in Sch. 1 para. 2(1)(b) omitted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 11(a); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

[^M_F_3595497e-0af7-4953-a4b7-89c57550f317]: Ss. 52A, 52B, 52D, 52E: the insertion of these provisions by 2009 c. 21, s. 15(1) falls by virtue of the omission of that amending provision (1.11.2012) by virtue of Health and Social Care Act 2012 (c. 7), ss. 173(5), 306(4); S.I. 2012/2657, art. 2(2)

[^M_F_3a27b3f5-68b8-41aa-fc44-898bb0a66453]: S. 71(2)(db) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 10(4) (with reg. 3)

[^M_F_3b568896-6472-4cc6-9b27-9da1399d786a]: S. 65H(13) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 8 para. 7(9); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^M_F_418dad3d-12e1-4651-eff4-b68141268588]: Word in s. 13U(2)(b) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 10(3)(a) (with reg. 3)

[^M_F_488b9bd0-5601-42c5-e265-228bf6da78bf]: S. 237(3)-(9) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 230(1), 245(5), Sch. 18 Pt. 18; S.I. 2008/461, art. 2(3), Sch.

[^M_F_4aa053b3-ffc1-4c56-c89f-ad85f890d5bf]: Words in s. 65H(9)(a) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 8 para. 7(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^M_F_5783858b-7472-4186-bd4b-ec053ab79af0]: S. 65H(8) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 8 para. 7(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^M_F_5cd4fbf9-e0d1-40fa-e6cb-0ec0cbef931f]: Words in s. 264B(3)(a) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 10(8)(b) (with reg. 3)

[^M_F_64b577a5-ebee-4aa2-9f36-db0c89606fe5]: Words in s. 12ZB(7) inserted (26.12.2023) by Levelling-Up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 164 (with s. 247)

[^M_F_77afc991-32b2-41ea-dda9-f9ef1e904e9c]: S. 72(3) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 10(5) (with reg. 3)

[^M_F_790999f0-31e4-4b3f-ae96-1ac4cb0acfe7]: Words in s. 80(3)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 28(3)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

[^M_F_90844695-6357-4a28-ccd1-0322efe225ce]: Sch. A1 para. 9A(4)(b)(vi) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 10(11) (with reg. 3)

[^M_F_9096de50-fa7a-4edc-e83d-21fd95a8bec9]: Ss. 52A, 52B, 52D, 52E: the insertion of these provisions by 2009 c. 21, s. 15(1) falls by virtue of the omission of that amending provision (1.11.2012) by virtue of Health and Social Care Act 2012 (c. 7), ss. 173(5), 306(4); S.I. 2012/2657, art. 2(2)

[^M_F_9d71a16b-722e-4cb0-f6db-d2a98fbca8cc]: S. 65H(9A) inserted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 8 para. 7(5); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^M_F_9f9978de-54ca-49af-c4fb-01273019237d]: S. 271(4) inserted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 10(10) (with reg. 3)

[^M_F_a79bcaa2-cb14-45fa-b48e-efc9d63c99b9]: S. 65H(10) substituted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 8 para. 7(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^M_F_ae40fb8b-0b0d-40f4-c87e-2fa467ff2fa8]: S. 253(1A)(c) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 10(7)(a) (with reg. 3)

[^M_F_b197d1c9-f256-4f15-d8db-b5d46536b091]: Words in s. 1F(2) inserted (1.4.2015) by Care Act 2014 (c. 23), ss. 97(4)(a), 127(1); S.I. 2014/3186, art. 2(a)

[^M_F_b30b45d7-0812-4996-e7b0-d81134f4476a]: S. 270(1)(f) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 10(9) (with reg. 3)

[^M_F_b7c12427-9bb9-491e-ff9d-dfca3e6b0bab]: Ss. 52A, 52B, 52D, 52E: the insertion of these provisions by 2009 c. 21, s. 15(1) falls by virtue of the omission of that amending provision (1.11.2012) by virtue of Health and Social Care Act 2012 (c. 7), ss. 173(5), 306(4); S.I. 2012/2657, art. 2(2)

[^M_F_d2f1d90d-12af-4227-e995-5135966e157c]: S. 9(4)(kb) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 10(2) (with reg. 3)

[^M_F_d9d9a315-cc33-433d-e0b9-e50af7c27dc4]: Ss. 3, 3A substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 21, 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^M_F_e3b19f57-63a4-47a2-8ddd-ef74209a9690]: Words in Sch. 1 para. 2(1)(b) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 53 (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

[^M_F_e8f67bd7-eead-4bd2-c0f1-18d6afc041ed]: Words in s. 77(1) substituted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by virtue of Health and Social Care Act 2012 (c. 7), s. 200(1)(f), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

[^M_F_f42e7f38-3ccd-445b-eb63-c770e7b5b6a3]: S. 247C(2)(e) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 10(6) (with reg. 3)

[^M_F_f4d92925-37bd-442c-b170-28b8f27b95dd]: S. 65H(12)(b) and word omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 8 para. 7(8); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^M_F_65de78a0-9549-4350-e478-3fa575fe1479]: Sch. 1A omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 100; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 23, 24, 29, 30)

[^M_C_54773903-1376-4c3d-a6ce-0aee2ccdfdc5]: Sch. 4 para. 12 modified (temp.) (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 76; S.I. 2015/841, art. 3(x)

Membership

University clinical teaching and research

The National Information Governance Board for Health and Social Care

250A

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Governing bodies of clinical commissioning groups

250B

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250C

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250D

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Weighing and measuring of children

7A
  • (1) A local authority may ... provide for the weighing and measuring of junior pupils in attendance at any school which is maintained by the authority.
  • (2) A local authority may, by arrangement with the proprietor of any school in its area which is not maintained by the local authority, provide for the weighing and measuring of junior pupils in attendance at that school.
  • (3) A local authority may, by arrangement with any person who is registered under Chapter 2 of Part 3 of the Childcare Act 2006 in respect of early years provision, provide for the weighing and measuring of young children for whom childcare is provided by that person.
  • (4) In sub-paragraphs (1) and (2) any expression to which a meaning is given for the purposes of the Education Act 1996 or the School Standards and Framework Act 1998 has the same meaning as in that Act; and in sub-paragraph (3) any expression to which a meaning is given for the purposes of Part 3 of the Childcare Act 2006 has the same meaning as in that Part.
7B
  • (1) The Secretary of State may by regulations—
  • (a) authorise the disclosure by any person with whom arrangements under paragraph 7A are made, to any person carrying out the weighing or measuring, of prescribed information relating to the children concerned,
  • (b) require any weighing and measuring provided for by a local authority under paragraph 7A to be carried out in a prescribed manner and after compliance with any prescribed requirements,
  • (c) make provision authorising any resulting information relating to a child, together with any advisory material authorised by or under the regulations, to be communicated in a prescribed manner to a person who is, or is treated by the regulations as being, a parent of the child, and
  • (d) make other provision regulating the processing of information resulting from any weighing or measuring provided for by a local authority under paragraph 7A and of any other prescribed information relating to the children concerned.
  • (2) Regulations made under sub-paragraph (1) may require any person exercising functions in relation to any weighing or measuring to which the regulations apply or in relation to information resulting from such weighing or measuring or in relation to information prescribed under sub-paragraph (1) to have regard to any guidance given from time to time by the Secretary of State.
  • (3) In sub-paragraph (1)(d), “ processing ”, in relation to information, has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(4) and (14) of that Act).
  • (4) Regulations under this paragraph cannot include provision by virtue of section 272(8)(a) amending or repealing an Act.
242A

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242B

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Strategic Health Authorities: further duty to involve users

Dental public health

Conditional inclusion in pharmaceutical lists

Notices and penalties

Pre-payment certificates

Charges, recovery of payments and penalties

Charges in respect of non-residents

Section 180: supplementary

Offences relating to charges

Compulsory disclosure of documents

Acquisition, use and maintenance of property

Persons and bodies about which provision is made by this Part

Special trustees for a university hospital or teaching hospital

Establishment of Patients' Forums

Public involvement and consultation

Public involvement and consultation

Special trustees for a university hospital or teaching hospital

Guidance about the establishment of clinical commissioning groups etc.

Public involvement and consultation

Public involvement and consultation

Directions in cases where Strategic Health Authority arranges involvement

Regulations as to governing bodies of clinical commissioning groups

Index of defined expressions

Permission for use of facilities in private practice

Registers of interests and management of conflicts of interest

Membership

Introductory

Exercise of functions

17A

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24A

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Transfer of liabilities relating to section 107 arrangements

Additional functions of PCT Patients' Forums

Public involvement and consultation

Procedure

Annual accounts

Interim Accounts

Interim Accounts

Duty as to improvement in quality of services

The chief executive and other executive members: appointment and status

Staff

Duties as to reducing inequalities

Duty to promote NHS Constitution

Duty as to effectiveness, efficiency etc.

Trust funds and trustees

Secretary of State's duty to promote comprehensive health service

Provision for bodies in Northern Ireland

Direct payments for health care

12A
  • (1) The Secretary of State , NHS England, an integrated care board or a local authority may, for the purpose of securing the provision to a patient of anything to which this subsection applies, make payments, with the patient's consent, to the patient or to a person nominated by the patient.
  • (2) Subsection (1) applies to—
  • (a) anything that the Secretary of State or a local authority has a duty or power to provide or arrange under section 2A or 2B or Schedule 1;
  • (aa) anything that NHS England or an integrated care board may or must arrange for the provision of under this Act or any other enactment.
  • (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) Subsection (1) is subject to any provision made by regulations under section 12B.
  • (4) If regulations so provide, an integrated care board may, for the purpose of securing the provision for a patient of services that the board must provide under section 117 of the Mental Health Act 1983 (after-care), make payments, with the patient's consent, to the patient or to a person nominated by the patient ; and the references in this subsection to an integrated care board are, so far as necessary for the purposes of regulations under subsection (2E) of that section, to be read as references to NHS England.
  • (5) A payment under subsection (1) ... is referred to in this Part as a “direct payment”.
  • (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (7) In this section and sections 12B to 12D, “local authority” has the same meaning as in section 2B.
12B
  • (1) The Secretary of State may make regulations about direct payments.
  • (2) The regulations may in particular make provision—
  • (a) as to circumstances in which, and descriptions of persons and services in respect of which, direct payments may or must be made;
  • (b) as to circumstances in which direct payments may or must be made to a person nominated by the patient;
  • (c) as to the making of direct payments (and, in particular, as to persons to whom payments may or must be made) where the patient lacks capacity to consent to the making of the payments;
  • (d) as to conditions that the Secretary of State , NHS England, an integrated care board or a local authority must comply with before, after or at the time of making a direct payment;
  • (e) as to conditions that the patient or (if different) the payee may or must be required to comply with before, after, or at the time when a direct payment is made;
  • (f) as to the amount of any direct payment or how it is to be calculated;
  • (g) as to circumstances in which the Secretary of State , NHS England, an integrated care board or a local authority may or must stop making direct payments;
  • (h) as to circumstances in which the Secretary of State , NHS England, an integrated care board or a local authority may or must require all or part of a direct payment to be repaid, by the payee or otherwise;
  • (i) as to monitoring of the making of direct payments, of their use by the payee, or of services which they are used to secure;
  • (j) as to arrangements to be made by the Secretary of State , NHS England, an integrated care board or a local authority for providing patients, payees or their representatives with information, advice or other support in connection with direct payments;
  • (k) for such support to be treated to any prescribed extent as a service in respect of which direct payments may be made.
  • (3) If the regulations make provision in the case of a person who lacks capacity to consent to direct payments being made, they may apply that provision, or make corresponding provision, with or without modifications, in the case of a person who has lacked that capacity but no longer does so (whether because of fluctuating capacity, or regaining or gaining capacity).
  • (4) The regulations may provide for a sum which must be repaid to the Secretary of State , NHS England, an integrated care board or a local authority by virtue of a condition or other requirement imposed by or under the regulations to be recoverable as a debt due to the Secretary of State NHS England, a clinical commissioning group or a local authority (as the case may be).
  • (5) The regulations may make provision—
  • (a) for a service in respect of which a direct payment has been made under section 12A(1) to be regarded, only to such extent and subject to such conditions as may be prescribed, as provided or arranged for by the Secretary of State or a local authority or as arranged for by NHS England or an integrated care board (as the case may be) under an enactment mentioned in section 12A(2);
  • (b) displacing functions or obligations of NHS England, an integrated care board or a local authority with respect to the arrangement for the provision of after-care services under section 117 of the Mental Health Act 1983, only to such extent and subject to such conditions as may be prescribed.
  • (6) In this section—
  • (a) “service” includes anything in respect of which direct payments may be made;
  • (b) references to a person lacking capacity are references to a person lacking capacity within the meaning of the Mental Capacity Act 2005.
12C
  • (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (5) Provision as to the review of a pilot scheme may in particular include provision—
  • (a) for a review to be carried out by an independent person;
  • (b) for publication of the findings of a review;
  • (c) as to matters to be considered on a review.
  • (6) Those matters may in particular include any of the following—
  • (a) the administration of the scheme;
  • (b) the effect of direct payments on the cost or quality of care received by patients;
  • (c) the effect of direct payments on the behaviour of patients, carers or persons providing services in respect of which direct payments are made.
  • (7) After any review of one or more pilot schemes, the Secretary of State may make an order under subsection (8) or (10).
  • (8) An order under this subsection is an order making provision for either or both of the following—
  • (a) repealing section 12A(6) and subsections (1) to (4) of this section;
  • (b) amending, repealing, or otherwise modifying any other provision of this Act.
  • (9) An order may make provision within subsection (8)(b) only if it appears to the Secretary of State to be necessary or expedient for the purpose of facilitating the exercise of the powers conferred by section 12A(1) or by regulations under section 12A(4).
  • (10) An order under this subsection is an order repealing sections 12A, 12B, 12D and this section.
12D
  • (1) The Secretary of State , NHS England, an integrated care board or a local authority may arrange with any person or body to give assistance in connection with direct payments.
  • (2) Arrangements may be made under subsection (1) with voluntary organisations.
  • (3) Powers under this section may be exercised on such terms as may be agreed, including terms as to the making of payments by the Secretary of State , NHS England, an integrated care board or a local authority.
52A

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52B

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52C

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52D

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52E

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Transfer of liabilities relating to section 92 arrangements

Procedure

Committees

2A

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5A

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Chapter 5A — Trust special administrators: NHS trusts and NHS foundation trusts

Application

65A
  • (1) This Chapter applies to—
  • (a) an NHS trust all or most of whose hospitals, establishments and facilities are in England;
  • (b) any NHS foundation trust.
  • (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment

65B
  • (1) NHS England may make an order in accordance with this section authorising the appointment of a trust special administrator to exercise the functions of the chair and directors of an NHS trust to which this Chapter applies.
  • (2) NHS England—
  • (a) must make an order under subsection (1) if required to do so by the Care Quality Commission, and
  • (b) may otherwise make an order under subsection (1) only if—
  • (i) NHS England considers it appropriate to do so in the interests of the health service, and
  • (ii) the Secretary of State has approved the making of the order.
  • (3) The Care Quality Commission may require NHS England to make an order under subsection (1) only if it is satisfied that there is a serious failure by the NHS trust to provide services that are of sufficient quality to be provided under this Act.
  • (4) Before requiring NHS England to make an order under subsection (1) the Care Quality Commission must—
  • (a) consult the Secretary of State and NHS England, and
  • (b) having done that, consult—
  • (i) the trust,
  • (ii) any integrated care board in whose area the trust has hospitals, establishments or facilities, and
  • (iii) any person to which the trust provides goods or services under this Act and which the Commission considers it appropriate to consult.
  • (5) Before making an order under subsection (1) in a case where it is not required to do so by the Care Quality Commission, NHS England must consult—
  • (a) the trust,
  • (b) any integrated care board in whose area the trust has hospitals, establishments or facilities,
  • (c) any other person to which the trust provides goods or services under this Act and which NHS England considers it appropriate to consult, and
  • (d) the Care Quality Commission.
  • (6) An order under subsection (1) must specify the date when the appointment is to take effect, which must be within the period of 5 working days beginning with the day on which the order is made.
  • (7) NHS England must lay before Parliament (with the statutory instrument containing the order) a report stating the reasons for making the order.
  • (8) If an order is made under subsection (1), NHS England must—
  • (a) appoint a person as the trust special administrator with effect from the day specified in the order, and
  • (b) publish the name of the person appointed.
  • (9) A person appointed as a trust special administrator holds and vacates office in accordance with the terms of the appointment.
  • (10) NHS England may pay remuneration and expenses to a trust special administrator appointed under this section.
65C
  • (1) When the appointment of a trust special administrator takes effect, the trust's chairman and executive and non-executive directors are suspended from office.
  • (2) Subsection (1) does not affect the employment of the executive directors or their membership of any committee or sub-committee of the trust.

...

65D
  • (1) This section applies if NHS England is satisfied that —
  • (a) an NHS foundation trust is, or is likely to become, unable to pay its debts , or
  • (b) there is a serious failure by an NHS foundation trust to provide services that are of sufficient quality to be provided under this Act and it is appropriate to make an order under subsection (2).
  • (1A) This section also applies if the Care Quality Commission—
  • (a) is satisfied that there is a serious failure by an NHS foundation trust to provide services that are of sufficient quality to be provided under this Act and that it is appropriate to make an order under subsection (2),
  • (b) informs NHS England that it is satisfied as mentioned in paragraph (a) and gives NHS England its reasons for being so satisfied, and
  • (c) requires NHS England to make an order under subsection (2).
  • (2) NHS England may or, where this section applies as a result of subsection (1A), must make an order authorising the appointment of a trust special administrator to exercise the functions of the governors, chairman and directors of the trust.
  • (2A) Where NHS England is not required to make an order under this section as a result of subsection (1A), it may do so only if the Secretary of State has approved the making of the order.
  • (3) As soon as reasonably practicable after the making of an order under subsection (2), the Care Quality Commission must provide to NHS England a report on the safety and quality of the services that the trust provides under this Act.
  • (3A) Before imposing a requirement as mentioned in subsection (1A)(c), the Care Quality Commission must—
  • (a) consult the Secretary of State and NHS England, and
  • (b) having done that, consult—
  • (i) the trust,
  • (ii) ... and
  • (iii) any other person to which the trust provides services under this Act and which the Commission considers it appropriate to consult.
  • (4) Before making an order under this section in a case where it is not required to do so as a result of subsection (1A), NHS England must consult—
  • (a) the trust,
  • (b) any person to which the trust provides services under this Act and which NHS England considers it appropriate to consult, and
  • (c) the Care Quality Commission.
  • (5) An order under subsection (2) must specify the date when the appointment is to take effect, which must be within the period of 5 working days beginning with the day on which the order is made.
  • (6) NHS England must lay before Parliament (with the statutory instrument containing the order) a report stating the reasons for making the order.
  • (7) If NHS England makes an order under subsection (2), it must—
  • (a) appoint a person as the trust special administrator with effect from the day specified in the order, and
  • (b) publish the name of the person appointed.
  • (8) A person appointed as a trust special administrator under this section holds and vacates office in accordance with the terms of the appointment.
  • (9) A person appointed as a trust special administrator under this section must manage the trust's affairs, business and property, and exercise the trust special administrator's functions, so as to achieve the objective set out in section 65DA as quickly and as efficiently as is reasonably practicable.
  • (10) When the appointment of a trust special administrator under this section takes effect, the trust's governors, chairman and executive and non-executive directors are suspended from office; and Chapter 5 of this Part, in its application to the trust, is to be read accordingly.
  • (11) But subsection (10) does not affect the employment of the executive directors or their membership of any committee or sub-committee of the trust.
  • (12) NHS England may pay remuneration and expenses to a trust special administrator appointed under this section.

Secretary of State's duty to promote comprehensive health service

65E

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Consultation and report

65F
  • (1) A trust special administrator appointed in relation to an NHS trust must, within the period of 65 working days beginning with the day on which the administrator’s appointment takes effect—
  • (a) provide NHS England and the Secretary of State with a draft report recommending any action that NHS England or the Secretary of State should take in relation to the trust, and
  • (b) publish a copy of that draft report.
  • (1A) A trust special administrator appointed in relation to an NHS foundation trust must, within the period of 65 working days beginning with the day on which the administrator’s appointment takes effect—
  • (a) provide NHS England with a draft report recommending the action that NHS England should take in relation to the trust, and
  • (b) publish a copy of that draft report,

unless unable to obtain the statements required by subsections (1B) and (1C).

  • (1B) A trust special administrator may not provide a draft report under subsection (1A)—
  • (a) without having obtained a statement from each commissioner that the commissioner considers that the recommendation in the draft report—
  • (i) would achieve the objective set out in section 65DA(1)(a), and
  • (ii) would do so without harming essential services provided for the purposes of the NHS by any other NHS foundation trust or NHS trust that provides services under this Act to the commissioner, or
  • (b) where the administrator is unable to obtain a statement to that effect from one or more of the commissioners (other than NHS England), without having obtained a statement to that effect from NHS England.
  • (1C) A trust special administrator may not provide a draft report under subsection (1A) without having obtained a statement from the Care Quality Commission that it considers that the recommendation in the draft report would achieve that part of the objective set out in section 65DA(1)(aa).
  • (2) When preparing a draft report under subsection (1) or (1A), the administrator must consult—
  • (a) any person to which the trust provides goods or services under this Act and which NHS England directs the administrator to consult, and
  • (b) the Care Quality Commission.
  • (3) After receiving a draft report under subsection (1) or (1A), NHS England must lay it before Parliament.
  • (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (6) Where NHS England decides not to provide to the administrator a statement to the effect mentioned in subsection (1B)(b), NHS England must—
  • (a) give a notice of the reasons for its decision to the administrator,
  • (b) publish the notice, and
  • (c) lay a copy of it before Parliament.
  • (6A) Where the Care Quality Commission decides not to provide to the administrator a statement to the effect mentioned in subsection (1C), the Commission must—
  • (a) give a notice of the reasons for its decision to the administrator and to NHS England,
  • (b) publish the notice, and
  • (c) lay a copy of it before Parliament.
  • (7) In subsection (5), “commissioner” means a person to which the trust provides services under this Act.
  • (8) Where the administrator recommends taking action in relation to another NHS foundation trust or an NHS trust, the references in subsection (5) to a commissioner also include a reference to a person to which the other NHS foundation trust or the NHS trust provides services under this Act that would be affected by the action.
  • (9) A service provided by an NHS foundation trust or an NHS trust is an essential service for the purposes of subsection (5) if the person making the statement in question is satisfied that the criterion in section 65DA(3) is met.
  • (10) Section 65DA(4) applies to the person making the statement when that person is determining whether that criterion is met.
65G
  • (1) At the same time as publishing a draft report under section 65F, a trust special administrator must publish a statement setting out the means by which the administrator will seek responses to the draft report.
  • (2) The statement must specify a period of 40 working days within which the administrator seeks responses (the “consultation period”).
  • (3) The first day of the consultation period must be within the period of 5 working days beginning with the day on which the draft report is published.
  • (4) In the case of an NHS foundation trust, the administrator may not make a variation to the draft report following the consultation period—
  • (a) without having obtained from each commissioner a statement that the commissioner considers that the recommendation in the draft report as so varied —
  • (i) would achieve the objective set out in section 65DA(1)(a), and
  • (ii) would do so without harming essential services provided for the purposes of the NHS by any other NHS foundation trust or NHS trust that provides services under this Act to the commissioner, or
  • (b) where the administrator does not obtain a statement to that effect from one or more commissioners (other than NHS England), without having obtained a statement to that effect from NHS England.
  • (4A) Nor may the administrator make a variation to the draft report following the consultation period without having obtained from the Care Quality Commission a statement that it considers that the recommendation in the draft report as so varied would achieve that part of the objective set out in section 65DA(1)(aa).
  • (5) Where NHS England decides not to provide to the administrator a statement to the effect mentioned in subsection (4)(b), NHS England must—
  • (a) give a notice of the reasons for its decision to the administrator,
  • (b) publish the notice, and
  • (c) lay a copy of it before Parliament.
  • (5A) Where the Care Quality Commission decides not to provide to the administrator a statement to the effect mentioned in subsection (4A), the Commission must—
  • (a) give a notice of the reasons for its decision to the administrator and to NHS England,
  • (b) publish the notice, and
  • (c) lay a copy of it before Parliament.
  • (6) In subsection (4), “commissioner” means a person to which the trust provides services under this Act.
  • (7) Where the administrator recommends taking action in relation to another NHS foundation trust or an NHS trust, the references in subsection (4) to a commissioner also include a reference to a person to which the other NHS foundation trust or the NHS trust provides services under this Act that would be affected by the action.”
  • (8) A service provided by an NHS foundation trust or an NHS trust is an essential service for the purposes of subsection (4) if the person making the statement in question is satisfied that the criterion in section 65DA(3) is met.
  • (9) Section 65DA(4) applies to the person making the statement when that person is determining whether that criterion is met.
65H
  • (1) The following duties apply during the consultation period.
  • (2) The trust special administrator must publish a notice stating that the administrator is seeking responses to the draft report and describing how people can give their responses.
  • (3) A notice under subsection (2) must include details of how responses can be given in writing.
  • (4) The trust special administrator must —
  • (a) hold at least one meeting to seek responses from staff of the trust and from such persons as the trust special administrator may recognise as representing staff of the trust , and
  • (b) in the case of each affected trust, hold at least one meeting to seek responses from staff of the trust and from such persons as the trust special administrator may recognise as representing staff of the trust.
  • (5) The trust special administrator must hold at least one other meeting to seek responses from any person who wishes to attend, after publishing notice of the date, time and place of the meeting.
  • (6) Notices under subsections (2) and (5) must be published at least once in the first 5 working days of the consultation period.
  • (7) The trust special administrator must request a written response from—
  • (za) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (b) any ... person to which the trust provides goods or services under this Act ...;
  • (bza) any affected trust;
  • (bzb) any person to which an affected trust provides goods or services under this Act that would be affected by the action recommended in the draft report;
  • (bzc) any local authority in whose area the trust provides goods or services under this Act;
  • (bzd) any local authority in whose area an affected trust provides goods or services under this Act;
  • (bze) any Local Healthwatch organisation for the area of a local authority mentioned in paragraph (bzc) or (bzd);
  • (ba) the Care Quality Commission;
  • (c) the member of Parliament for any constituency, if required by directions given by NHS England;
  • (d) any other person specified in a direction given by NHS England.
  • (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (9) The trust special administrator must —
  • (a) hold at least one meeting to seek responses from representatives of ... each of the persons from whom the administrator must request a written response under subsection (7)(b), (bzb), (ba), (c) or (d),
  • (b) hold at least one meeting to seek responses from representatives of each of the trusts from which the administrator must request a written response under subsection (7)(bza), and
  • (c) hold at least one meeting to seek responses from representatives of each of the local authorities and Local Healthwatch organisations from which the administrator must request a written response under subsection (7)(bzc), (bzd) and (bze).
  • (9A) NHS England may direct the administrator to hold a meeting to seek a response from any person.
  • (10) The Secretary of State may direct NHS England as to the persons from whom it should direct the administrator to—
  • (a) request a written response (for NHS England’s powers of direction, see subsection (7)(c) and (d));
  • (b) seek a response by holding a meeting (for NHS England’s power of direction, see subsection (9A)).
  • (11) In subsection (4) “staff of the trust” means persons employed by the trust or otherwise working for the trust (whether as or on behalf of a contractor, as a volunteer or otherwise).
  • (11A) In this section, “affected trust” means—
  • (a) where the trust in question is an NHS trust, another NHS trust, or an NHS foundation trust, which provides goods or services under this Act that would be affected by the action recommended in the draft report;
  • (b) where the trust in question is an NHS foundation trust, another NHS foundation trust, or an NHS trust, which provides services under this Act that would be affected by the action recommended in the draft report.
  • (11B) In this section, a reference to a local authority includes a reference to the council of a district only where the district is comprised in an area for which there is no county council.
  • (12) For the purposes of this section in its application to the case of an NHS foundation trust—
  • (a) in subsection (7)(b) , (bzb), (bzc) and (bzd), the words “goods or” are to be ignored, ...
  • (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
65I
  • (1) A trust special administrator appointed in relation to an NHS trust must, within the period of 15 working days beginning with the end of the consultation period, provide NHS England and the Secretary of State with a final report stating any action that the administrator recommends that NHS England or Secretary of State should take in relation to the trust.
  • (1A) A trust special administrator appointed in relation to an NHS foundation trust must, within the period of 15 working days beginning with the end of the consultation period, provide NHS England with a final report stating the action that the administrator recommends that NHS England should take in relation to the trust.
  • (2) The administrator must attach to the final report mentioned in subsection (1) or (1A) a summary of all responses to the draft report which were received by the administrator in the period beginning with the publication of the draft report and ending with the last day of the consultation period.
  • (3) After receiving the administrator's final report, NHS England must publish it and lay it before Parliament.
  • (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
65J
  • (1) This section applies to—
  • (a) the duty of a trust special administrator to provide a draft report within the period specified in section 65F(1) or (1A);
  • (b) the duty of a trust special administrator to consult in the consultation period specified under section 65G(2);
  • (c) the duty of a trust special administrator to provide a final report within the period specified in section 65I(1) or (1A).
  • (2) If NHS England thinks it is not reasonable in the circumstances for the administrator to be required to carry out the duty within the specified period, NHS England may by order extend the period.
  • (3) If an order is made extending the period mentioned in subsection (1)(a) or (c) the trust special administrator must publish a notice stating the new date on which the period will expire.
  • (4) If an order is made extending the period mentioned in subsection (1)(b) the trust special administrator must—
  • (a) publish a notice stating the new date on which the period will expire, and
  • (b) publish a statement setting out the means by which the administrator will seek responses to the draft report during the extended consultation period.
  • (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Action by the Secretary of State and NHS England

65K.
  • (1) Within the period of 20 working days beginning with the day on which NHS England receives a final report under section 65I relating to an NHS trust, NHS England must decide what (if any) action to take in relation to the trust.
  • (2) Within the period of 20 working days beginning with the day on which the Secretary of State receives a final report under section 65I relating to an NHS trust, the Secretary of State must decide what (if any) action to take in relation to the trust.
  • (3) NHS England and the Secretary of State must consult one another before taking the decision under subsection (1) or (2).
  • (4) After taking a decision under subsection (1) or (2) NHS England or the Secretary of State (as the case may be) must, as soon as reasonably practicable—
  • (a) publish a notice of the decision and of the reasons for it;
  • (b) lay a copy of the notice before Parliament.
65L
  • (1) Subsection (2) applies, in relation to an NHS trust, if NHS England and the Secretary of State both decide under section 65K not to dissolve the trust.
  • (2) NHS England must make an order specifying a date when the following come to an end—
  • (a) the appointment of the trust special administrator, and
  • (b) the suspension of the chair and directors of the trust.
  • (2A) Subsection (2B) applies, in relation to an NHS foundation trust, if—
  • (a) the Secretary of State decides under section 65KD(9) not to dissolve the trust, or
  • (b) the Secretary of State decides under section 65KB(1) or 65KD(1) that the Secretary of State is satisfied of the matters mentioned there, and the action recommended in the final report is to do something other than dissolve the trust.
  • (2B) NHS England must make an order specifying a date when the following come to an end—
  • (a) the appointment of the trust special administrator, and
  • (b) the suspension of the governors, chair and directors of the trust.
  • (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (6) Subsection (7) applies in the case of an NHS foundation trust.
  • (7) If it appears to NHS England to be necessary in order to comply with Schedule 7, NHS England may by order—
  • (a) terminate the office of any governor or of any executive or non-executive director of the trust;
  • (b) appoint a person to be a governor or an executive or non-executive director of the trust.

Supplementary

65M
  • (1) If a trust special administrator ceases to hold office for any reason before an order is made under section 65L(2) or (2B) or the trust is dissolved, NHS England must—
  • (a) appoint another person as the trust special administrator, and
  • (b) publish the name of the person appointed.
  • (2) Where a person is appointed under subsection (1) in relation to a trust, anything done by or in relation to a previous trust special administrator has effect as if done by or in relation to that person, unless NHS England directs otherwise.
  • (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
65N
  • (1) NHS England must publish guidance for trust special administrators.
  • (1A) It must, in so far as it applies to NHS trusts, include guidance about—
  • (a) seeking the support of commissioners for an administrator's recommendation;
  • (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (2) It must include guidance about the publication of notices under sections 65H and 65J.
  • (2A) It must include guidance about the publication of—
  • (a) notices under section 65KC(4)(a);
  • (b) statements under section 65KC(4)(b).
  • (3) It must include guidance about the preparation of draft reports, as to—
  • (a) persons to be consulted;
  • (b) factors to be taken into account;
  • (c) relevant publications.
  • (3A) Before publishing guidance under this section, NHS England must consult the Care Quality Commission.
  • (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
65O
  • (1) In this Chapter—
  • “trust special administrator” means a person appointed under section 65B(8)(a) , section 65D(2) or section 65M(1)(a);
  • “working day” means any day which is not Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.
  • (2) The references in this Chapter to taking action in relation to an NHS trust include a reference to taking action, including in relation to another NHS trust or an NHS foundation trust, which is necessary for and consequential on action taken in relation to that NHS trust.
  • (3) The references in this Chapter to taking action in relation to an NHS foundation trust include a reference to taking action, including in relation to another NHS foundation trust or an NHS trust, which is necessary for and consequential on action taken in relation to that NHS foundation trust.

Chapter 5B — Trust special administrators: Primary Care Trusts

Appointment

65P

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65Q

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SCHEDULE 8A

Introductory

1

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Replacement of constitution

2

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3

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Board of directors

4

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Name and functions

5

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Trustees

6

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Public dividend capital

7

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Accounts

8

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Contracts

9

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Other property

10

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Membership of bodies corporate

11

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Directions

12

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128A
  • (1) Each Health and Wellbeing Board must in accordance with regulations—
  • (a) assess needs for pharmaceutical services in its area, and
  • (b) publish a statement of its first assessment and of any revised assessment.
  • (2) The regulations must make provision—
  • (a) as to information which must be contained in a statement;
  • (b) as to the extent to which an assessment must take account of likely future needs;
  • (c) specifying the date by which a Health and Wellbeing Board must publish the statement of its first assessment;
  • (d) as to the circumstances in which a Health and Wellbeing Board must make a new assessment.
  • (3) The regulations may in particular make provision—
  • (a) as to the pharmaceutical services to which an assessment must relate;
  • (b) requiring a Health and Wellbeing Board to consult specified persons about specified matters when making an assessment;
  • (c) as to the manner in which an assessment is to be made;
  • (d) as to matters to which a Health and Wellbeing Board must have regard when making an assessment.
23A

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3A

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6A

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6B

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Duty in relation to quality of primary medical services

Secretary of State's power to require Board to commission services

3B
  • (1) Regulations may require NHS England to arrange, to such extent as it considers necessary to meet all reasonable requirements, for the provision as part of the health service of—
  • (a) dental services of a prescribed description;
  • (b) services or facilities for members of the armed forces or their families;
  • (c) services or facilities for persons who are detained in a prison or in other accommodation of a prescribed description;
  • (d) such other services or facilities as may be prescribed.
  • (2) A service or facility may be prescribed under subsection (1)(d) only if the Secretary of State considers that it would be appropriate for NHS England to arrange for the provision of that service or facility (whether by NHS England making arrangements itself or by giving directions under section 13YB or making arrangements under section 65Z5).
  • (3) In deciding whether it would be so appropriate, the Secretary of State must have regard to—
  • (a) the number of individuals who require the provision of the service or facility;
  • (b) the cost of providing the service or facility;
  • (c) the number of persons able to provide the service or facility;
  • (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (4) Before deciding whether to make regulations under this section, the Secretary of State must—
  • (a) obtain advice appropriate for that purpose, and
  • (b) consult NHS England.
  • (4A) If the Secretary of State refuses a request by NHS England to revoke provision made by regulations under subsection (1)(d) prescribing a service or facility, the Secretary of State must explain why to NHS England.
  • (5) The reference in subsection (1)(b) to members of the armed forces is a reference to persons who are members of—
  • (a) the regular forces within the meaning of the Armed Forces Act 2006, or
  • (b) the reserve forces within the meaning of that Act.

Regulations as to the exercise of functions

6C
  • (1) Regulations may require a local authority to exercise any of the public health functions of the Secretary of State (so far as relating to the health of the public in the authority's area) by taking such steps as may be prescribed.
  • (2) Regulations may require a local authority to exercise its public health functions by taking such steps as may be prescribed.
  • (3) Where regulations under subsection (1) require a local authority to exercise any of the public health functions of the Secretary of State, the regulations may also authorise or require the local authority to exercise any prescribed functions of the Secretary of State that are exercisable in connection with those functions (including the powers conferred by section 12).
  • (4) The making of regulations under subsection (1) does not prevent the Secretary of State from taking any step that a local authority is required to take under the regulations.
  • (5) Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by a local authority of any of its functions under regulations under subsection (1) are enforceable by or against the local authority (and no other person).
  • (6) In this section, “local authority” has the same meaning as in section 2B.
6D

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6E
  • (1) Regulations must impose requirements (to be known as “standing rules”) in accordance with this section on NHS England and on integrated care boards.
  • (1A) The regulations must make provision as to the arrangements that NHS England and integrated care boards must make, in exercising their commissioning functions, for enabling persons to whom specified treatments or other specified services are to be provided to make choices with respect to specified aspects of them.
  • (1B) The regulations may make other provision for the purpose of securing that, in exercising their commissioning functions, NHS England and integrated care boards protect and promote the rights of persons to make choices in relation to treatments or other services, where those rights—
  • (a) arise by virtue of regulations under subsection (1A), or
  • (b) are described in the NHS Constitution.
  • (2) The regulations may, in relation to the commissioning functions of NHS England or integrated care boards, make provision—
  • (a) requiring NHS England or integrated care boards to arrange for specified treatments or other specified services to be provided or to be provided in a specified manner or within a specified period;
  • (b) as to the arrangements that NHS England or integrated care boards must make for the purpose of making decisions as to—
  • (i) the treatments or other services that are to be provided;
  • (ii) the manner in which or period within which specified treatments or other specified services are to be provided;
  • (iii) the persons to whom specified treatments or other specified services are to be provided;
  • (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) Regulations by virtue of paragraph (b) of subsection (2) may, in particular, make provision—
  • (a) requiring NHS England or an integrated care board to take specified steps before making decisions as to the matters mentioned in that paragraph;
  • (b) as to reviews of, or appeals from, such decisions.
  • (4) The regulations may—
  • (a) specify matters for which provision must be made in commissioning contracts entered into by NHS England or integrated care boards;
  • (b) require NHS England to draft terms and conditions making provision for those matters;
  • (c) require NHS England or integrated care boards to incorporate the terms and conditions drafted by virtue of paragraph (b) in commissioning contracts entered into by NHS England or (as the case may be) integrated care boards.
  • (5) The regulations must—
  • (a) require NHS England to draft such terms and conditions as NHS England considers are, or might be, appropriate for inclusion in commissioning contracts entered into by NHS England or integrated care boards (other than terms and conditions that NHS England is required to draft by virtue of subsection (4)(a));
  • (b) authorise NHS England to require integrated care boards to incorporate terms and conditions prepared by virtue of paragraph (a) in their commissioning contracts;
  • (c) authorise NHS England to draft model commissioning contracts.
  • (6) The regulations may require NHS England to consult prescribed persons before exercising any of its functions by virtue of subsection (4)(b) or (5).
  • (7) The regulations may require NHS England or integrated care boards in the exercise of any of its or their functions—
  • (a) to provide information of a specified description to specified persons in a specified manner;
  • (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (c) to do such other things as the Secretary of State considers necessary for the purposes of the health service.
  • (8) The regulations may not impose a requirement on only one integrated care board.
  • (9) If regulations under this section are made so as to come into force on a day other than 1 April, the Secretary of State must—
  • (a) publish a statement explaining the reasons for making the regulations so as to come into force on such a day, and
  • (b) lay the statement before Parliament.
  • (10) In this section—
  • (a) “commissioning contracts”, in relation to NHS England or integrated care boards, means contracts entered into by NHS England or (as the case may be) integrated care boards in the exercise of its or their commissioning functions;
  • (b) “commissioning functions”, in relation to NHS England or integrated care boards, means the functions of NHS England or (as the case may be) integrated care boards in arranging for the provision of services as part of the health service;
  • (c) “specified” means specified in the regulations.

Advice for Strategic Health Authorities

CHAPTER A1 — NHS England

Secretary of State's mandate to NHS England

13A
  • (1) ... The Secretary of State must publish and lay before Parliament a document to be known as “the mandate”.
  • (2) The Secretary of State must specify in the mandate—
  • (a) the objectives that the Secretary of State considers NHS England should seek to achieve in the exercise of its functions ..., and
  • (b) any requirements that the Secretary of State considers it necessary to impose on NHS England for the purpose of ensuring that it achieves those objectives.
  • (2A) The objectives specified by the Secretary of State under subsection (2)(a) for NHS England must include objectives relating to outcomes for cancer patients, and those objectives are to be treated by NHS England as having priority over any other objectives relating specifically to cancer.
  • (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (5) The Secretary of State may also specify in the mandate the matters by reference to which the Secretary of State proposes to assess NHS England’s performance....
  • (6) The Secretary of State may not specify in the mandate an objective or requirement about the exercise of NHS England’s functions in relation to only one integrated care board.
  • (6A) The Secretary of State may revise the mandate.
  • (6B) If the Secretary of State revises the mandate, the Secretary of State must publish and lay before Parliament the mandate as revised.
  • (7) NHS England must—
  • (a) seek to achieve the objectives specified in the mandate, and
  • (b) comply with any requirements so specified.
  • (8) Before specifying any objectives or requirements in the mandate, the Secretary of State must consult—
  • (a) NHS England,
  • (b) the Healthwatch England committee of the Care Quality Commission, and
  • (c) such other persons as the Secretary of State considers appropriate.
  • (9) Requirements included in the mandate have effect only if regulations so provide.
13B
  • (1) The Secretary of State must keep NHS England’s performance in achieving any objectives or requirements specified in the mandate under review.
  • (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General duties of NHS England

13C
  • (1) NHS England must, in the exercise of its functions—
  • (a) act with a view to securing that health services are provided in a way which promotes the NHS Constitution, and
  • (b) promote awareness of the NHS Constitution among patients, staff and members of the public.
  • (2) In this section, “patients” and “staff” have the same meaning as in Chapter 1 of Part 1 of the Health Act 2009 (see section 3(7) of that Act).
13D

NHS England must exercise its functions effectively, efficiently and economically.

13E
  • (1) NHS England must exercise its functions with a view to securing continuous improvement in the quality of services provided to individuals for or in connection with—
  • (a) the prevention, diagnosis or treatment of illness, or
  • (b) the protection or improvement of public health.
  • (2) In discharging its duty under subsection (1), NHS England must, in particular, act with a view to securing continuous improvement in the outcomes that are achieved from the provision of the services.
  • (3) The outcomes relevant for the purposes of subsection (2) include, in particular, outcomes which show—
  • (a) the effectiveness of the services,
  • (b) the safety of the services, and
  • (c) the quality of the experience undergone by patients.
  • (4) In discharging its duty under subsection (1), NHS England must have regard to—
  • (a) any document published by the Secretary of State for the purposes of this section, and
  • (b) the quality standards prepared by NICE under section 234 of the Health and Social Care Act 2012.
13F

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13G

NHS England must, in the exercise of its functions, have regard to the need to—

  • (a) reduce inequalities between persons with respect to their ability to access health services, and
  • (b) reduce inequalities between patients with respect to the outcomes achieved for them by the provision of health services (including the outcomes described in section 13E(3)).
13H

NHS England must, in the exercise of its functions, promote the involvement of patients, and their carers and representatives (if any), in decisions which relate to—

  • (a) the prevention or diagnosis of illness in the patients, or
  • (b) their care or treatment.
13I

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