National Health Service Act 2006

Application of this Act

Premises from which piloted services may be provided

Control of entry regulations

Local pharmaceutical services schemes

Application of enactments

Persons performing local pharmaceutical services

Assistance and support: local pharmaceutical services

Performers of pharmaceutical services and assistants

Further provision about regulations under section 147A

Conditional inclusion in pharmaceutical lists

Supplementary lists

Further provision about regulations under section 149

Notices and penalties

Disqualification of practitioners

Contingent removal

Fraud and unsuitability cases: supplementary

Suspension

Suspension pending appeal

Effect of suspension

Review of decisions

Appeals

National disqualification

Notification of decisions

Withdrawal from lists

Regulations about decisions under this Chapter

Corresponding provisions in Scotland and Northern Ireland

Remuneration for persons providing pharmaceutical services

Section 164: supplementary

Pharmaceutical remuneration: further provision

Indemnity cover

Local Pharmaceutical Committees

Use of accommodation: provision of pharmaceutical services and local pharmaceutical services

Exercise of functions

Appeals to the First-tier Tribunal

FHSAA: financial provisions

Conditions of use of services of persons under section 169

Charges for drugs, medicines or appliances, or pharmaceutical services

Exemptions from general charging

Pre-payment certificates

Charges in respect of non-residents

Dental charging

Exemptions from dental charging

Charges, recovery of payments and penalties

Charges for optical appliances

Payments in respect of costs of optical appliances and sight tests

Section 180: supplementary

Remission and repayment of charges

Payment of travelling expenses

Sections 182 and 183: supplementary

Charges for more expensive supplies

Charges for repairs and replacements in certain cases

Charges in respect of public health functions

Charges for designated services or facilities

Sums otherwise payable to those providing services

Hospital accommodation on part payment

Expenses payable by employed patients

Recovery of charges

Recovery of charges and payments in relation to goods and services

Penalties relating to charges

Offences relating to charges

Compulsory disclosure of documents

Persons and bodies about which provision is made by this Part

Notice requiring production of documents

Production of documents

Delegation of functions

Code of practice relating to delegated functions

Disclosure of information

Protection of personal information disclosed for purposes of proceedings

Manner in which disclosure notice may be served

Offences in connection with production of documents

Offences relating to disclosure or use of information

Offences by bodies corporate etc

Offences committed by partnerships and other unincorporated associations

Penalties for offences under this Part: transitional modification

Orders and regulations under this Part

Interpretation of this Part

Acquisition, use and maintenance of property

Special trustees for a university hospital or teaching hospital

Transfers of trust property

Transfer of functions and property to or from Welsh special trustees

Trustees and property under section 222

Application of trust property: further provisions

Trusts: supplementary provisions

Private trusts for hospitals

Transferred property free of trusts

Trust property previously held for general hospital purposes

Voluntary hospitals

Power to raise money

Public-private partnerships

Application of section 223 to integrated care boards

Funding of NHS England

Financial duties of NHS England: expenditure

NHS England: banking facilities

223CA

The Secretary of State may by direction require NHS England to use banking facilities specified in the direction for any purposes so specified.

Financial duties of NHS England: controls on total resource use

Financial duties of NHS England: additional controls on resource use

Means of meeting expenditure of integrated care boards out of public funds

Expenditure on integration

Power to impose financial requirements on integrated care boards

223GB

• (1) NHS England may give integrated care boards directions about their management or use of financial or other resources.

• (2) The directions that may be given include a direction imposing limits on expenditure or resource use by integrated care boards.

• (3) NHS England must publish any directions under this section.

Financial duties of integrated care boards: expenditure limits

223GC

• (1) An integrated care board must exercise its functions with a view to ensuring that expenditure incurred by the board in a financial year does not exceed the sums received by it in that year.

• (2) NHS England may by direction—

• (a) specify descriptions of expenditure that are, or are not, to be treated for the purposes of this section as expenditure incurred by an integrated care board, or expenditure incurred by it in a particular financial year;

• (b) specify descriptions of sums that are, or are not, to be treated for the purposes of this section as having been received by an integrated care board, or as having been received by it in a particular financial year;

• (c) provide for sums received by an integrated care board under section 223G in a year but not spent to be treated for the purposes of this section as expenditure incurred by it in a particular financial year.

• (3) For the purposes of this section any sum allotted to an integrated care board for a year under section 223G is to be treated as received by it in that year (subject to any direction under subsection (2)(b)).

Integrated care boards: banking facilities

223GD

The Secretary of State may give integrated care boards directions requiring them to use specified banking facilities for any specified purposes.

Financial duties of clinical commissioning groups: expenditure

Financial duties of clinical commissioning groups: use of resources

Financial duties of clinical commissioning groups: additional controls on resource use

Payments in respect of quality

Joint duties of an integrated care board and its partner NHS trusts and NHS foundation trusts

Joint financial objectives for integrated care boards etc

223L

• (1) NHS England may set joint financial objectives for integrated care boards and their partner NHS trusts and NHS foundation trusts.

• (2) An integrated care board and its partner NHS trusts and NHS foundation trusts must seek to achieve any financial objectives set under this section.

• (3) Financial objectives under this section may apply to—

• (a) integrated care boards and their partner NHS trusts and NHS foundation trusts generally,

• (b) a particular integrated care board and its partner NHS trusts and NHS foundation trusts, or

• (c) an integrated care board of a particular description and its partner NHS trusts and NHS foundation trusts.

Financial duties of integrated care boards etc: use of resources

223M

• (1) Each integrated care board and its partner NHS trusts and NHS foundation trusts must exercise their functions with a view to ensuring that, in respect of each financial year—

• (a) local capital resource use does not exceed the limit specified in a direction by NHS England;

• (b) local revenue resource use does not exceed the limit specified in a direction by NHS England.

• (2) In this section “local capital resource use” and “local revenue resource use” means the use of capital resources or (as the case may be) revenue resources by the integrated care board and its partner NHS trusts and NHS foundation trusts, other than use that consists of the transfer of resources between those bodies.

• (3) Where an NHS trust or NHS foundation trust is the partner of more than one integrated care board, its use of capital resources or revenue resources is to be apportioned for the purposes of this section to one or more of the integrated care boards in such manner as may be provided for in a direction by NHS England.

• (4) NHS England may by direction make provision for determining to which integrated care board, NHS trust or NHS foundation trust a use of capital resources or revenue resources is to be attributed for the purposes of this section.

Financial duties of integrated care boards etc: additional controls on resource use

223N

• (1) NHS England may direct an integrated care board and its partner NHS trusts and NHS foundation trusts to exercise their functions with a view to—

• (a) ensuring that local capital resource use in a financial year which is attributable to matters specified in the direction does not exceed an amount so specified;

• (b) ensuring that local revenue resource use in a financial year which is attributable to matters specified in the direction does not exceed an amount so specified.

• (2) A direction under subsection (1) may—

• (a) specify descriptions of resources which must, or must not, be treated as local capital resources or local revenue resources for the purposes of the direction;

• (b) specify uses of local capital resources or local revenue resources which must, or must not, be taken into account for the purposes of the direction.

• (3) Any directions given under section 223M(3) or (4) apply for the purposes of this section as they apply for the purposes of section 223M.

• (4) In this section “local capital resource use” and “local revenue resource use” have the meaning given by section 223M(2).

Directions about resources etc to be taken into account

Resources etc relevant to section 223D, 223E or 223M

223O

The Secretary of State may give directions, in relation to a financial year—

• (a) specifying descriptions of resources which must, or must not, be treated as capital resources or revenue resources for the purposes of section 223D, 223E or 223M;

• (b) specifying uses of capital resources or revenue resources which must, or must not, be taken into account for the purposes of section 223D, 223E or 223M.

Means of meeting expenditure of Strategic Health Authorities out of public funds

Means of meeting expenditure of Special Health Authorities out of public funds

Financial duties of ... Special Health Authorities

Resource limits for ... Special Health Authorities

Public funding of Primary Care Trusts

Financial duties of Primary Care Trusts

Resource limits for Primary Care Trusts

Further provision about the expenditure of Primary Care Trusts

Accounts and audit

Special arrangement as to payment of remuneration

Superannuation of officers of certain hospitals

Payments for certain medical examinations

Establishment of Patients' Forums

Additional functions of PCT Patients' Forums

Entry and inspection of premises

Annual reports

Further provision about Patients' Forums

Public involvement and consultation

Directions in cases where Strategic Health Authority arranges involvement

The Commission for Patient and Public Involvement in Health

Review and scrutiny by local authorities

Joint overview and scrutiny committees etc

Business relating to functions of local authorities by virtue of section 244: exempt information

Application to the City of London

Application to certain other local authorities without overview and scrutiny committees

Co-operation in relation to public health functions

Secretary of State's duty to keep health service functions under review

Secretary of State's annual report

Independent advocacy services

Joint working with the prison service

Secretary of State's standing advisory committees

National Information Governance Board: functions

National Information Governance Board: Wales

National Information Governance Board: further provisions.

National Information Governance Board: annual reports

Control of patient information

Consultation with the Care Quality Commission

Role of NHS England and integrated care boards in respect of emergencies

Emergency powers

Local social service authorities

Supplies not readily obtainable

Power of NHS England or an integrated care board to make payments towards expenditure on community services

Payments in respect of voluntary organisations under section 256

University clinical teaching and research

Sale of medical practices

Control of maximum price of medical supplies other than health service medicines

Powers relating to voluntary schemes

Power to control prices

Statutory schemes

Statutory schemes: supplementary

Provision of information about health service products

Disclosure of information

Sections 264A and 264B: supplementary

Enforcement

Controls: supplementary

Permission for use of facilities in private practice

Persons displaced by health service development

Special notices of births and deaths

Provision of information by Registrar General

Territorial limit of exercise of functions

Services to be treated as services of the Crown for certain purposes

Orders, regulations, rules and directions

Further provision about orders and directions under this Act

Supplementary regulatory powers

Interpretation

References to functions: delegation etc

275A

• (1) A reference in this Act to the functions of a person includes functions of others that are exercisable by the person by virtue of any provision of any enactment (unless the context otherwise requires).

• (2) Regulations may create exceptions to subsection (1).

Index of defined expressions

Commencement

Short title, extent and application

Status

Membership

The chief executive and other executive members: appointment and status

3

• (1) The chief executive and the other executive members of NHS England are to be appointed by the non-executive members.

• (2) A person may not be appointed as chief executive without the consent of the Secretary of State.

• (3) The chief executive and the other executive members are to be employees of NHS England.

• (4) The first chief executive of NHS England is to be appointed by the Secretary of State.

Non-executive members: tenure

Suspension of non-executive members

Payment of non-executive members

Staff

9A

• (1) NHS England may make arrangements for a person to be seconded to NHS England to serve as a member of NHS England’s staff.

• (2) A period of secondment to NHS England does not affect the continuity of a person’s employment with the employer from whose service the person is seconded.

• (3) In paragraphs 9, 10, and 13 a reference to an employee of NHS England includes a person seconded to NHS England.

• (4) In paragraph 3(3) the reference to an employee of NHS England includes any of the following seconded to NHS England—

• (a) a person employed in the civil service of the State, or

• (b) a person employed by—

• (i) an integrated care board,

• (ii) an NHS trust established under section 25,

• (iii) an NHS foundation trust,

• (iv) a Special Health Authority performing functions only or mainly in respect of England,

• (v) the Care Quality Commission,

• (vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (vii) the Health Services Safety Investigations Body,

• (viii) the Human Tissue Authority,

• (ix) the Human Fertilisation and Embryology Authority, or

• (x) NICE.

• (5) The Secretary of State may by regulations amend this paragraph so as to provide that other references in this Act to an employee of NHS England include persons, or persons of a prescribed description, seconded to NHS England.

Committees

Trust funds and trustees

Procedure

Exercise of functions

...

Accounts

Annual accounts

16

• (1) NHS England must prepare consolidated annual accounts in respect of each financial year.

• (2) The consolidated annual accounts must contain—

• (a) NHS England’s annual accounts, and

• (b) a consolidation of NHS England’s annual accounts and the annual accounts of each integrated care board.

• (3) NHS England must send copies of the consolidated annual accounts to—

• (a) the Secretary of State, and

• (b) the Comptroller and Auditor General,

within such period after the end of the financial year to which the accounts relate as the Secretary of State may direct.

• (4) The Comptroller and Auditor General must—

• (a) examine, certify and report on the consolidated annual accounts, and

• (b) lay copies of the accounts and the report on them before Parliament.

• (5) In this paragraph, “financial year” includes the period which begins with the day on which NHS England is established and ends on the following 31 March.

Interim Accounts

17

• (1) The Secretary of State may, with the approval of the Treasury, direct NHS England to prepare accounts in respect of such period or periods as may be specified in the direction (“interim accounts”).

• (2) The interim accounts in respect of any period must contain—

• (a) NHS England’s accounts in respect of that period, and

• (b) a consolidation of NHS England’s accounts in respect of that period and any accounts of integrated care boards in respect of that period which are prepared by virtue of paragraph 22(3) of Schedule 1B.

• (3) NHS England must send copies of any interim accounts to—

• (a) the Secretary of State, and

• (b) if the Secretary of State so directs, the Comptroller and Auditor General,

within such period as the Secretary of State may direct.

• (4) The Comptroller and Auditor General must—

• (a) examine, certify and report on any interim accounts sent by virtue of sub-paragraph (3)(b),

• (b) if the Secretary of State so directs, send a copy of the report on the accounts to the Secretary of State, and

• (c) if the Secretary of State so directs, lay copies of the accounts and the report on them before Parliament.

Seal and evidence

SCHEDULE 1B

PART 1 — Constitution of integrated care boards

Introduction

1

An integrated care board must have a constitution.

Name and area

2

The constitution must specify—

• (a) the name of the integrated care board, and

• (b) the area for which it is established.

Membership: general

3

• (1) The constitution must provide for the integrated care board to consist of—

• (a) a chair (see paragraphs 5 and 6),

• (b) a chief executive (see paragraph 7), and

• (c) at least three other members (see paragraph 8).

• (2) In this Part of this Schedule a reference to an “ordinary member” is to a member other than the chair or chief executive.

4

The constitution must prohibit a person from appointing someone as a member (“the candidate”) if they consider that the appointment could reasonably be regarded as undermining the independence of the health service because of the candidate’s involvement with the private healthcare sector or otherwise.

Chair

5

The constitution must provide for the chair to be appointed by NHS England, with the approval of the Secretary of State.

6

The constitution may not confer power to remove the chair from office on any person other than NHS England, and any such power must be expressed to be subject to the approval of the Secretary of State.

Chief executive

7

• (1) The constitution must provide for the chief executive to be appointed by the chair, with the approval of NHS England.

• (2) The constitution must provide that a person is eligible to become or remain the chief executive only if the person is an employee of the integrated care board.

Ordinary members

8

• (1) The constitution must—

• (a) specify who is to appoint the ordinary members, and

• (b) provide that the appointment of an ordinary member is subject to the approval of the chair.

• (2) The constitution must provide for the ordinary members to include—

• (a) at least one member nominated jointly by the NHS trusts and NHS foundation trusts that—

• (i) provide services for the purposes of the health service within the integrated care board’s area, and

• (ii) are of a prescribed description,

• (b) at least one member nominated jointly by persons who—

• (i) provide primary medical services for the purposes of the health service within the integrated care board’s area, and

• (ii) are of a prescribed description,

• (c) at least one member nominated jointly by the local authorities whose areas coincide with, or include the whole or any part of, the integrated care board’s area.

• (3) The constitution must set out the process for nominating the ordinary members mentioned in sub-paragraph (2).

• (4) A person participating in the process for nominating the ordinary members mentioned in sub-paragraph (2) must have regard to any guidance published by NHS England in relation to the selection of candidates.

• (5) The descriptions of trusts or other persons that may be prescribed for the purposes of sub-paragraph (2)(a) or (b) may, in particular, be framed by reference to the nature of the services that they provide or the proportion of their services that are provided within the integrated care board’s area.

• (6) The chair must exercise the approval function mentioned in sub-paragraph (1)(b) with a view to ensuring that at least one of the ordinary members has knowledge and experience in connection with services relating to the prevention, diagnosis and treatment of mental illness.

• (7) In this paragraph “local authority” has the meaning given by section 2B(5).

Further provision in connection with membership

9

The constitution may make further provision in connection with the membership of the integrated care board, including provision about—

• (a) how members are to be appointed;

• (b) qualification and disqualification for membership;

• (c) the tenure of members (including the circumstances in which a member ceases to hold office or may be removed or suspended from office);

• (d) eligibility for re-appointment;

• (e) terms of appointment (including provision about the remuneration or allowances of the chair and ordinary members);

• (f) the validation of proceedings in the event of a vacancy or defect in an appointment.

10

• (1) The constitution of an integrated care board must comply with any requirements in connection with membership that are imposed by regulations.

• (2) The regulations may impose requirements in connection with any provision that may be included in an integrated care board’s constitution by virtue of paragraphs 3 to 9.

Arrangements for discharging functions

11

• (1) The constitution must specify arrangements for the exercise of the integrated care board’s functions (including its functions in determining the terms and conditions of its employees).

• (2) The arrangements may include provision—

• (a) for the appointment of committees or sub-committees of the integrated care board, and

• (b) for any such committees to consist of or include persons other than members or employees of the integrated care board.

• (3) The arrangements may include provision for any functions of the integrated care board to be exercised on its behalf by—

• (a) any of its members or employees;

• (b) a committee or sub-committee of the board.

• (4) If the constitution includes provision under this paragraph allowing committees or sub-committees to exercise commissioning functions, the constitution must—

• (a) provide for the members of any such committee or sub-committee to be approved or appointed by the chair of the integrated care board, and

• (b) prohibit the chair from approving or appointing someone as a member of any such committee or sub-committee (“the candidate”) if the chair considers that the appointment could reasonably be regarded as undermining the independence of the health service because of the candidate’s involvement with the private healthcare sector or otherwise.

• (5) In sub-paragraph (4) “commissioning functions” means the functions of an integrated care board in arranging for the provision of services as part of the health service.

12

• (1) The constitution must specify the procedure to be followed by the integrated care board in making decisions.

• (2) The constitution must also specify the arrangements to be made by the integrated care board for securing that there is transparency about the decisions of the board and the manner in which they are made.

Arrangements for conflicts of interests

13

The constitution must include—

• (a) provision about the arrangements to be made by the integrated care board for discharging its functions under section 14Z30(1) to (4), and

• (b) a statement of the principles to be followed by the board in implementing those arrangements.

Arrangements for public involvement

14

The constitution must include—

• (a) provision about the arrangements to be made by the integrated care board for discharging its functions under section 14Z45(2), and

• (b) a statement of the principles to be followed by the board in implementing those arrangements.

Variation of constitution

15

• (1) The constitution must include a power to vary the constitution in accordance with a procedure set out there.

• (2) The provision made by the constitution in accordance with sub-paragraph (1) must—

• (a) include power for NHS England to vary the constitution on its own initiative, and

• (b) require NHS England’s approval to be obtained before any other variation is made.

Further provision

16

In addition to the provision authorised or required to be included under this Part of this Schedule, the constitution may make further provision.

PART 2 — Further provision about integrated care boards

Status

17

• (1) An integrated care board is a body corporate.

• (2) An integrated care board is not to be regarded—

• (a) as a servant or agent of the Crown, or

• (b) as enjoying any status, privilege or immunity of the Crown.

• (3) An integrated care board’s property is not to be regarded as property of, or property held on behalf of, the Crown.

Staff

18

• (1) An integrated care board may appoint employees.

• (2) Employees of an integrated care board are to be paid such remuneration and allowances as the board may determine.

• (3) Employees of an integrated care board are to be appointed on such other terms and conditions as the board may determine.

• (4) An integrated care board may pay or make provision for the payment of such pensions, allowances or gratuities as it may determine to or in respect of any person who is or has been an employee of the board.

19

• (1) An integrated care board may make arrangements for a person to be seconded to the board to serve as a member of the board’s staff.

• (2) A period of secondment to an integrated care board does not affect the continuity of a person’s employment with the employer from whose service the person is seconded.

• (3) In paragraphs 11 and 18 a reference to an employee of an integrated care board includes a person seconded to the board.

• (4) In paragraph 7(2) the reference to an employee of an integrated care board includes any of the following seconded to the board—

• (a) a person employed in the civil service of the State, or

• (b) a person employed by—

• (i) NHS England,

• (ii) an NHS trust established under section 25,

• (iii) an NHS foundation trust,

• (iv) a Special Health Authority performing functions only or mainly in respect of England,

• (v) the Care Quality Commission,

• (vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (vii) the Health Services Safety Investigations Body,

• (viii) the Human Tissue Authority,

• (ix) the Human Fertilisation and Embryology Authority, or

• (x) NICE.

• (5) The Secretary of State may by regulations amend this paragraph so as to provide that other references in this Act to an employee of an integrated care board include persons, or persons of a prescribed description, seconded to the board.

Additional powers in respect of payment of allowances

20

An integrated care board may pay such allowances as it considers appropriate to a member of a committee or sub-committee of the integrated care board who is not a member of the board.

Externally financed development agreements

21

• (1) The powers of an integrated care board include power to enter into externally financed development agreements.

• (2) For the purposes of this paragraph, an agreement is an externally financed development agreement if it is certified as such in writing by the Secretary of State.

• (3) The Secretary of State may give a certificate under this paragraph if—

• (a) in the Secretary of State’s opinion the purpose or main purpose of the agreement is the provision of services or facilities in connection with the exercise by an integrated care board of any of its functions, and

• (b) a person proposes to make a loan to, or provide any other form of finance for, another party in connection with the agreement.

• (4) If an integrated care board enters into an externally financed development agreement it may also, in connection with that agreement, enter into an agreement with a person who falls within sub-paragraph (3)(b) in relation to the externally financed development agreement.

• (5) In sub-paragraph (3)(b) “another party” means any party to the agreement other than the integrated care board.

• (6) The fact that an agreement made by an integrated care board has not been certified under this paragraph does not affect its validity.

Accounts and audits

22

• (1) An integrated care board must keep proper accounts and proper records in relation to the accounts.

• (2) An integrated care board must prepare annual accounts in respect of each financial year.

• (3) NHS England may, with the approval of the Secretary of State, direct an integrated care board to prepare accounts in respect of such period or periods as may be specified in the direction.

• (4) NHS England may, with the approval of the Secretary of State, give directions to an integrated care board as to—

• (a) the methods and principles according to which any accounts under this paragraph must be prepared, and

• (b) the form and content of any accounts prepared under this paragraph.

• (5) For the audit of the annual accounts, see the Local Audit and Accountability Act 2014 (and, in particular, section 4 of that Act).

• (6) Accounts prepared under sub-paragraph (3) are also to be audited under that Act if NHS England so directs.

• (7) The Comptroller and Auditor General may examine—

• (a) the annual accounts and any records relating to them, and

• (b) any report on them by the auditor or auditors.

• (8) An integrated care board must send any audited accounts prepared under this paragraph to NHS England by the date specified in a direction by NHS England.

• (9) NHS England may direct an integrated care board to send it any unaudited accounts prepared under this paragraph by the date specified in a direction by NHS England.

Incidental powers

23

The power conferred on an integrated care board by section 2 includes, in particular, power to—

• (a) enter into agreements,

• (b) acquire and dispose of property, and

• (c) accept gifts (including property to be held on trust for the purposes of the integrated care board).

Seal and evidence

24

• (1) The application of an integrated care board’s seal must be authenticated by the signature of any person who has been authorised (generally or specially) for that purpose.

• (2) A document purporting to be duly executed under an integrated care board’s seal or to be signed on its behalf must be received in evidence and, unless the contrary is proven, taken to be so executed or signed.

Accounts and audit

11A

• (1) An NHS trust must keep proper accounts and proper records in relation to the accounts.

• (2) The Secretary of State may give an NHS trust directions as to the form in which its accounts must be kept.

• (3) An NHS trust must prepare, in respect of each financial year, annual accounts in such form as the Secretary of State may direct.

• (4) For the audit of the annual accounts, see the Local Audit and Accountability Act 2014 (and, in particular, section 4 of that Act).

• (5) The Comptroller and Auditor General may examine—

• (a) the annual accounts and any records relating to them, and

• (b) any report on them by the auditor or auditors.

• (6) An NHS trust must send a copy of its audited annual accounts to NHS England by such date as NHS England may direct.

• (7) Nothing in sub-paragraph (1) has effect in relation to accounts relating to a charitable trust of which an NHS trust is a trustee.

• (8) Nothing in sub-paragraph (3) requires any accounts prepared by an NHS trust to include matters relating to a charitable trust of which it is a trustee.

Duty to promote involvement of each patient

Duty as to patient choice

Duty to obtain appropriate advice

Duty to promote innovation

Duty in respect of research

Duty as to promoting education and training

Duty as to promoting integration

Public involvement and consultation by clinical commissioning groups

Arrangements by clinical commissioning groups in respect of the exercise of functions

Joint exercise of functions with combined authorities

Joint exercise of functions with Local Health Boards

Raising additional income

Power to make grants

Responsibility for payments to providers

Guidance on commissioning by the Board

Exercise of functions by, or jointly with, the Board

Power of Board to provide assistance or support

Commissioning plan

Revision of commissioning plans

Consultation about commissioning plans

Opinion of Health and Wellbeing Boards on commissioning plans

Reports by clinical commissioning groups

Performance assessment of clinical commissioning groups

Circumstances in which powers in sections 14Z18 and 14Z19 apply

Power to require explanation

Use of information

Power to give directions, dissolve clinical commissioning groups etc.

Procedural requirements in connection with certain powers

Permitted disclosures of information

Interpretation

Transfer schemes in connection with integrated care boards

Advice for Strategic Health Authorities

Interpretation of this Chapter

Objective of trust special administration

Draft report

Co-operation between NHS bodies

Directed partnership arrangements

Conditions of supply under section 80

Transfer of liabilities relating to section 92 arrangements

Transfer of liabilities relating to section 107 arrangements

Regulations under section 129: appeals, etc

Inadequate provision of pharmaceutical services

Conditional inclusion in pharmaceutical lists

Notices and penalties

Pre-payment certificates

Charges, recovery of payments and penalties

Section 180: supplementary

Offences relating to charges

Compulsory disclosure of documents

Special trustees for a university hospital or teaching hospital

Public involvement and consultation

Strategic Health Authorities: further duty to involve users

Joint overview and scrutiny committees etc

Application to the City of London

Payments in respect of voluntary organisations under section 256

Controls: supplementary

Index of defined expressions

Introductory

13PA

• (1) NHS England must, in exercising its education and training functions, co-operate with the Secretary of State in the exercise of the public health functions of the Secretary of State.

• (2) Regulations may require NHS England and a person specified in those regulations to co-operate with each other in the exercise of—

• (a) NHS England’s education and training functions;

• (b) the functions of the specified person;

• (c) such of the functions in paragraphs (a) or (b) as may be specified.

Discharge of functions

Directions in respect of functions relating to provision of services

13YB

• (1) NHS England may by direction provide for any of its relevant functions to be exercised by one or more integrated care boards.

• (2) In this section “relevant function” means—

• (a) any function of NHS England under section 3B(1) (commissioning functions);

• (b) any function of NHS England, not within paragraph (a), that relates to the provision of—

• (i) primary medical services,

• (ii) primary dental services,

• (iii) primary ophthalmic services, or

• (iv) services that may be provided as pharmaceutical services, or as local pharmaceutical services, under Part 7;

• (c) any function of NHS England by virtue of section 7A or 7B (exercise of Secretary of State’s public health functions);

• (d) any other functions of NHS England so far as exercisable in connection with any functions within paragraphs (a) to (c).

• (3) Regulations may—

• (a) provide that the power in subsection (1) does not apply, or applies only to a prescribed extent, in relation to a prescribed function;

• (b) impose conditions on the exercise of the power.

• (4) A direction under subsection (1) may include provision prohibiting or restricting the integrated care board from making delegation arrangements in relation to a function that is exercisable by it by virtue of the direction.

• (5) In subsection (4) “delegation arrangements” means arrangements made by a person for the exercise of a function by someone else.

• (6) NHS England may make payments to an integrated care board in respect of the exercise by it of a function by virtue of a direction under subsection (1).

• (7) NHS England may give directions to an integrated care board as to the exercise by it of any functions in pursuance of a direction under subsection (1).

• (8) As soon as reasonably practicable after giving a direction under subsection (1), NHS England must publish it.

• (9) Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by an integrated care board of any function by virtue of this section are enforceable by or against it (and no other person).

Enforcement of section 6E regulations relating to patient choice

6F

• (1) NHS England may investigate whether an integrated care board has failed or is likely to fail to comply with a requirement imposed by regulations under section 6E(1A) or (1B) (a “patient choice requirement”).

• (2) NHS England may direct an integrated care board—

• (a) to put in place measures for the purpose of preventing failures to comply with patient choice requirements or mitigating the effect of such failures, or

• (b) where an investigation under subsection (1) has been carried out, to remedy a failure to comply with patient choice requirements.

• (3) Where an investigation under subsection (1) is being or has been carried out, NHS England may accept from the integrated care board an undertaking that it will take any action falling within subsection (2)(a) or (b) that is specified in the undertaking, within a period that is so specified.

• (4) Where NHS England accepts an undertaking under subsection (3), NHS England may not—

• (a) continue to carry out any ongoing investigation under subsection (1) so far as relating to matters to which the undertaking relates, or

• (b) give a direction under subsection (2) in relation to those matters,

unless the integrated care board fails to comply with the undertaking.

• (5) If an integrated care board from which NHS England has accepted an undertaking under subsection (3) complies partially with the undertaking, NHS England must take the partial compliance into account in deciding whether to do something mentioned in subsection (4)(a) or (b).

• (6) Schedule 1ZA makes further provision about undertakings.

6G

• (1) NHS England must publish guidance about how it intends to exercise powers conferred on it by section 6F and Schedule 1ZA.

• (2) Before publishing guidance under this section, NHS England must obtain the approval of the Secretary of State.

Procurement

12ZB

• (1) Regulations may make provision in relation to the processes to be followed and objectives to be pursued by relevant authorities in the procurement of—

• (a) health care services for the purposes of the health service in England, and

• (b) other goods or services that are procured together with those health care services.

• (2) Regulations under subsection (1) must include provision specifying steps to be taken when following a competitive tendering process.

• (3) Regulations under subsection (1) must, in relation to the procurement of all health care services to which they apply, make provision for the purposes of—

• (a) ensuring transparency;

• (b) ensuring fairness;

• (c) ensuring that compliance can be verified;

• (d) managing conflicts of interest.

• (4) NHS England must publish such guidance as it considers appropriate about compliance with the regulations.

• (5) A relevant authority must have regard to guidance published under this section.

• (6) Before publishing guidance under this section, NHS England must obtain the approval of the Secretary of State.

• (7) In this section—

• “health care service” has the same meaning as in Part 3 of the Health and Social Care Act 2012 (see section 150 of that Act);

• “relevant authority” means—a combined authority; a combined county authority; an integrated care board;a local authority in England;NHS England;an NHS foundation trust;an NHS trust established under section 25.

Reconfiguration of NHS services

68A

Schedule 10A confers intervention powers on the Secretary of State in relation to the reconfiguration of NHS services.

SCHEDULE 1ZA

1

This Schedule makes further provision about undertakings under section 6F.

2

• (1) NHS England must publish a procedure for entering into undertakings.

• (2) NHS England may revise the procedure and, if it does so, NHS England must publish the procedure as revised.

• (3) NHS England must consult such persons as it considers appropriate before publishing or revising the procedure.

3

• (1) Where NHS England accepts an undertaking, NHS England must publish the undertaking.

• (2) But NHS England must not under sub-paragraph (1) publish any part of an undertaking which contains information which it is satisfied is—

• (a) commercial information the disclosure of which would, or might, significantly harm the legitimate business interests of the person to whom it relates;

• (b) information relating to the private affairs of an individual the disclosure of which would, or might, significantly harm that person’s interests.

4

The terms of an undertaking (including, in particular, the action specified under it and the period so specified within which the action must be taken) may be varied if both the integrated care board giving the undertaking and NHS England agree.

5

• (1) Where NHS England is satisfied that an undertaking has been complied with, NHS England must issue a certificate to that effect (referred to in this Schedule as a “compliance certificate”).

• (2) An integrated care board which has given an undertaking may at any time make an application to NHS England for a compliance certificate.

• (3) The application must be made in such form, and accompanied by such information, as NHS England requires.

• (4) NHS England must decide whether or not to issue a compliance certificate, and give notice to the applicant of its decision, before the end of the period of 14 days beginning with the day after that on which the application is received.

6

• (1) An appeal lies to the First-tier Tribunal against a decision of NHS England to refuse an application for a compliance certificate.

• (2) The grounds for an appeal under this paragraph are that the decision was—

• (a) based on an error of fact,

• (b) wrong in law, or

• (c) unfair or unreasonable.

• (3) On an appeal under this paragraph, the Tribunal may confirm NHS England’s decision or direct that it is not to have effect.

7

Where NHS England is satisfied that an integrated care board which has given an undertaking has supplied NHS England with inaccurate, misleading or incorrect information in relation to the undertaking—

• (a) NHS England may treat the integrated care board as having failed to comply with the undertaking, and

• (b) if NHS England decides so to treat the integrated care board, NHS England must by notice revoke any certificate of compliance given to that integrated care board.

SCHEDULE 10A

Definitions

1

In this Schedule—

• “NHS commissioning body” means NHS England or an integrated care board;

• “NHS services” means services provided as part of the health service in England;

• “NHS trust” means an NHS trust established under section 25;

• “reconfiguration of NHS services” means a change in the arrangements made by an NHS commissioning body for the provision of NHS services where that change has an impact on—the manner in which a service is delivered to individuals (at the point when the service is received by users), orthe range of health services available to individuals.

2

• (1) If an NHS commissioning body proposes a notifiable reconfiguration of NHS services it must notify the Secretary of State.

• (2) For the purposes of this paragraph a reconfiguration of NHS services is “notifiable” if it is of a description specified in regulations.

3

• (1) The Secretary of State may give an NHS commissioning body a direction calling in any proposal by the body for the reconfiguration of NHS services.

• (2) Where a direction is given under sub-paragraph (1), the Secretary of State—

• (a) may, within the period of 6 months beginning with the date of the direction, take any decision in relation to the proposal that could have been taken by the NHS commissioning body, and

• (b) must notify the NHS commissioning body once the Secretary of State has finished considering the proposal.

• (3) The power of the Secretary of State to take decisions under sub-paragraph (2)(a) includes—

• (a) power to decide whether a proposal should, or should not, proceed, or should proceed in a modified form;

• (b) power to decide particular results to be achieved by the NHS commissioning body in taking decisions in relation to the proposal;

• (c) power to decide procedural or other steps that should, or should not, be taken in relation to the proposal;

• (d) power to retake any decision previously taken by the NHS commissioning body.

• (4) The Secretary of State must, before acting under sub-paragraph (2), give each of the following an opportunity to make representations to the Secretary of State in relation to the proposal—

• (a) the NHS commissioning body,

• (b) if the NHS commissioning body is an integrated care board, NHS England,

• (c) each local authority (within the meaning of section 2B) to whose area the proposed reconfiguration of NHS services relates, and

• (d) any other person that the Secretary of State considers appropriate.

• (5) The Secretary of State must—

• (a) publish any decision under sub-paragraph (2)(a) together with an explanation of the reasons for taking it, and

• (b) notify the NHS commissioning body of the decision and the reasons.

• (6) The Secretary of State must publish a summary of any representations made under sub-paragraph (4).

4

• (1) This paragraph applies where the Secretary of State gives a direction under paragraph 3(1) calling in a proposal for the reconfiguration of NHS services.

• (2) Until notified that the Secretary of State has finished considering the proposal, the NHS commissioning body must not take further steps in relation to a proposal except to such extent (if any) as may be permitted by the direction.

• (3) Once notified that the Secretary of State has finished considering the proposal, the NHS commissioning body must give effect to any decision of the Secretary of State under paragraph 3(2)(a) in relation to the proposal.

5

• (1) The Secretary of State may direct an NHS commissioning body to consider a reconfiguration of NHS services.

• (2) The Secretary of State must publish any direction under this paragraph, together with an explanation of the reasons for giving it.

6

An NHS commissioning body, NHS trust or NHS foundation trust must give the Secretary of State any information or other assistance that the Secretary of State requires it to give for the purposes of carrying out any functions under this Schedule.

7

• (1) The Secretary of State must publish guidance for NHS commissioning bodies, NHS trusts and NHS foundation trusts about—

• (a) the exercise of their functions under this Schedule, and

• (b) how the Secretary of State proposes to exercise the Secretary of State’s functions under this Schedule.

• (2) NHS commissioning bodies, NHS trusts and NHS foundation trusts must have regard to any guidance published under sub- paragraph (1).