National Health Service Act 2006

• (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).