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Part 2E+WHealth service bodies

[F1CHAPTER A1E+W [F2NHS England]

Textual Amendments

F1Pt. 2 Ch. A1 inserted (27.3.2012 for specified purposes, 1.10.2012 for specified purposes, 1.2.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 23(1), 306(1)(d)(4); S.I. 2012/1831, art. 2(2) (with art. 4); S.I. 2012/2657, art. 2(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Secretary of State's mandate to [F2NHS England]E+W

13AMandate to [F3NHS England]E+W

(1)F4... 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 [F2NHS England] should seek to achieve in the exercise of its functions F5..., and

(b)any requirements that the Secretary of State considers it necessary to impose on [F2NHS England] for the purpose of ensuring that it achieves those objectives.

[F6(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.]

F7(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(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 [F2NHS England’s] performanceF9....

(6)The Secretary of State may not specify in the mandate an objective or requirement about the exercise of [F2NHS England’s] functions in relation to only one [F10integrated care board].

[F11(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)[F2NHS 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)[F2NHS 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.

Textual Amendments

13B[F12Review of NHS England’s performance in implementing the mandate]E+W

(1)The Secretary of State must keep [F2NHS England’s] performance in achieving any objectives or requirements specified in the mandate under review.

F13(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

General duties of [F2NHS England]E+W

13CDuty to promote NHS ConstitutionE+W

(1)[F2NHS 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).

13DDuty as to effectiveness, efficiency etc.E+W

[F2NHS England] must exercise its functions effectively, efficiently and economically.

13EDuty as to improvement in quality of servicesE+W

(1)[F2NHS 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), [F2NHS 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), [F2NHS 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.

F1413FDuty as to promoting autonomyE+W

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

Textual Amendments

13GDuty as to reducing inequalitiesE+W

[F2NHS England] must, in the exercise of its functions, have regard to the need to—

(a)reduce inequalities between [F15persons] 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 [F16(including the outcomes described in section 13E(3))].

Textual Amendments

13HDuty to promote involvement of each patientE+W

[F2NHS 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.

13IDuty as to patient choiceE+W

[F2NHS England] must, in the exercise of its functions, act with a view to enabling patients to make choices with respect to aspects of health services provided to them.

13JDuty to obtain appropriate adviceE+W

[F17(1)] [F2NHS England] must obtain advice appropriate for enabling it effectively to discharge its functions from persons who (taken together) have a broad range of professional expertise in—

(a)the prevention, diagnosis or treatment of illness, and

(b)the protection or improvement of public health.

[F18(2)Subsection (1) does not apply in relation to NHS England’s education and training functions (see section 102 of the Care Act 2014 for the obtaining of advice in relation to those functions).]

Textual Amendments

13KDuty to promote innovationE+W

(1)[F2NHS England] must, in the exercise of its functions, promote innovation in the provision of health services (including innovation in the arrangements made for their provision).

(2)[F2NHS England] may make payments as prizes to promote innovation in the provision of health services.

(3)A prize may relate to—

(a)work at any stage of innovation (including research);

(b)work done at any time (including work before the commencement of section 23 of the Health and Social Care Act 2012).

13LDuty in respect of researchE+W

[F2NHS England] must, in the exercise of its functions, [F19facilitate or otherwise] promote—

(a)research on matters relevant to the health service, and

(b)the use in the health service of evidence obtained from research.

Textual Amendments

13MDuty as to promoting education and trainingE+W

[F2NHS England] must, in exercising its functions [F20other than its education and training functions], have regard to the need to promote education and training for the persons mentioned in section 1F(1) so as to assist F21... in the discharge of the duty under that section.

Textual Amendments

13NDuty as to promoting integrationE+W

(1)[F2NHS England] must exercise its functions with a view to securing that health services are provided in an integrated way where it considers that this would—

(a)improve the quality of those services (including the outcomes that are achieved from their provision),

(b)reduce inequalities between persons with respect to their ability to access those services, or

(c)reduce inequalities between persons with respect to the outcomes achieved for them by the provision of those services.

(2)[F2NHS England] must exercise its functions with a view to securing that the provision of health services is integrated with the provision of health-related services or social care services where it considers that this would—

(a)improve the quality of the health services (including the outcomes that are achieved from the provision of those services),

(b)reduce inequalities between persons with respect to their ability to access those services, or

(c)reduce inequalities between persons with respect to the outcomes achieved for them by the provision of those services.

[F22(2A)Subsections (1) and (2) do not apply in relation to the exercise of NHS England’s education and training functions.]

(3)[F2NHS England] must encourage [F23integrated care boards] to enter into arrangements with local authorities in pursuance of regulations under section 75 where it considers that this would secure—

(a)that health services are provided in an integrated way and that this would have any of the effects mentioned in subsection (1)(a) to (c), or

(b)that the provision of health services is integrated with the provision of health-related services or social care services and that this would have any of the effects mentioned in subsection (2)(a) to (c).

(4)In this section—

[F25(5)For the purposes of this section, the provision of housing accommodation is a health-related service.]

Textual Amendments

F25S. 13N(5) inserted (1.4.2015) by Care Act 2014 (c. 23), ss. 3(6), 127(1); S.I. 2015/993, art. 2(a) (with transitional provisions in S.I. 2015/995)

[F2613NADuty to have regard to wider effect of decisionsE+W

(1)In making a decision about the exercise of its functions, NHS England must have regard to all likely effects of the decision in relation to—

(a)the health and well-being of the people of England;

(b)the quality of services provided to individuals—

(i)by relevant bodies, or

(ii)in pursuance of arrangements made by relevant bodies,

for or in connection with the prevention, diagnosis or treatment of illness, as part of the health service in England;

(c)efficiency and sustainability in relation to the use of resources by relevant bodies for the purposes of the health service in England.

(2)In subsection (1)—

(a)the reference to a decision does not include a reference to a decision about the services to be provided to a particular individual for or in connection with the prevention, diagnosis or treatment of illness;

(b)the reference to effects of a decision in relation to the health and well-being of the people of England includes a reference to its effects in relation to inequalities between the people of England with respect to their health and well-being;

(c)the reference to effects of a decision in relation to the quality of services provided to individuals includes a reference to its effects in relation to inequalities between individuals with respect to the benefits that they can obtain from those services.

(3)In discharging the duty under this section, NHS England must have regard to guidance published by it under section 13NB.

(4)In this section “relevant bodies” means—

(a)NHS England,

(b)integrated care boards,

(c)NHS trusts established under section 25, and

(d)NHS foundation trusts.

Textual Amendments

13NBGuidance about discharge of dutyE+W

(1)NHS England may publish guidance about the discharge of—

(a)the duty imposed on it by section 13NA;

(b)the duty imposed on integrated care boards by section 14Z43;

(c)the duty imposed on NHS trusts by section 26A;

(d)the duty imposed on NHS foundation trusts by section 63A.

(2)NHS England must consult any persons NHS England considers it appropriate to consult—

(a)before first publishing guidance under this section, and

(b)before publishing any revised guidance containing changes that are, in the opinion of NHS England, significant.]

Textual Amendments

[F2713NCDuties as to climate change etcE+W

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

(a)contribute towards compliance with—

(i)section 1 of the Climate Change Act 2008 (UK net zero emissions target), and

(ii)section 5 of the Environment Act 2021 (environmental targets), and

(b)adapt to any current or predicted impacts of climate change identified in the most recent report under section 56 of the Climate Change Act 2008.

(2)In discharging the duty under this section, NHS England must have regard to guidance published by it under section 13ND.

Textual Amendments

13NDGuidance about discharge of duty under section 13NC etcE+W

NHS England may publish guidance about the discharge of—

(a)the duty imposed on it by section 13NC;

(b)the duty imposed on integrated care boards by section 14Z44;

(c)the duty imposed on NHS trusts by section 26B;

(d)the duty imposed on NHS foundation trusts by section 63B.]

Textual Amendments

13ODuty to have regard to impact on services in certain areasE+W

(1)In making commissioning decisions, [F2NHS England] must have regard to the likely impact of those decisions on the provision of health services to persons who reside in an area of Wales or Scotland that is close to the border with England.

(2)In this section, “commissioning decisions”, in relation to [F2NHS England], means decisions about the carrying out of its functions in arranging for the provision of health services.

13PDuty as respects variation in provision of health servicesE+W

[F2NHS England] must not exercise its functions for the purpose of causing a variation in the proportion of services provided as part of the health service that is provided by persons of a particular description if that description is by reference to—

(a)whether the persons in question are in the public or (as the case may be) private sector, or

(b)some other aspect of their status.

[F2813PA.Duty to cooperate for education and training functions and specified functionsE+W

(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.]

Textual Amendments

Public involvementE+W

13QPublic involvement and consultation by [F2NHS England]E+W

(1)This section applies in relation to any health services which are, or are to be, provided pursuant to arrangements made by [F2NHS England] in the exercise of its functions (“commissioning arrangements”).

(2)[F2NHS England] must make arrangements to secure that individuals to whom the services are being or may be provided [F29, and their carers and representatives (if any),] are involved (whether by being consulted or provided with information or in other ways)—

(a)in the planning of the commissioning arrangements by [F2NHS England],

(b)in the development and consideration of proposals by [F2NHS England] for changes in the commissioning arrangements where the implementation of the proposals would have an impact on the manner in which the services are delivered to the individuals or the range of health services available to them, and

(c)in decisions of [F2NHS England] affecting the operation of the commissioning arrangements where the implementation of the decisions would (if made) have such an impact.

(3)The reference in subsection (2)(b) to the delivery of services is a reference to their delivery at the point when they are received by users.

[F30(4)This section does not require NHS England to make arrangements in relation to matters to which a trust special administrator’s draft or final report under section 65F or 65I relates before—

(a)in a case where the administrator’s report relates to an NHS trust, NHS England and the Secretary of State have made their decisions under section 65K(1) and (2), or

(b)in a case where the administrator’s report relates to an NHS foundation trust, the Secretary of State is satisfied as mentioned in section 65KB(1) or 65KD(1) or makes a decision under section 65KD(9).]

Textual Amendments

Functions in relation to informationE+W

13RInformation on safety of services provided by the health serviceE+W

(1)[F2NHS England] must establish and operate systems for collecting and analysing information relating to the safety of the services provided by the health service.

(2)[F2NHS England] must make information collected by virtue of subsection (1), and any other information obtained by analysing it, available to such persons as [F2NHS England] considers appropriate.

(3)[F2NHS England] may impose charges, calculated on such basis as it considers appropriate, in respect of information made available by it under subsection (2).

(4)[F2NHS England] must give advice and guidance, to such persons as it considers appropriate, for the purpose of maintaining and improving the safety of the services provided by the health service.

(5)[F2NHS England] must monitor the effectiveness of the advice and guidance given by it under subsection (4).

(6)[F31An integrated care board] must have regard to any advice or guidance given to it under subsection (4).

(7)[F2NHS England] may arrange for any other person (including another NHS body) to exercise any of [F2NHS England’s] functions under this section.

(8)Arrangements made under subsection (7) do not affect the liability of [F2NHS England] for the exercise of any of its functions.

Textual Amendments

13SGuidance in relation to processing of informationE+W

(1)[F2NHS England] must publish guidance for registered persons on the practice to be followed by them in relation to the processing of—

(a)patient information, and

(b)any other information obtained or generated in the course of the provision of the health service.

(2)Registered persons who carry on an activity which involves, or is connected with, the provision of health care must have regard to any guidance published under this section.

(3)In this section, “patient information”, “processing” and “registered person” have the same meaning as in section 20A of the Health and Social Care Act 2008.

[F3213SAInformation about inequalitiesE+W

(1)NHS England must publish a statement setting out—

(a)a description of the powers available to relevant NHS bodies to collect, analyse and publish information relating to—

(i)inequalities between persons with respect to their ability to access health services;

(ii)inequalities between persons with respect to the outcomes achieved for them by the provision of health services (including the outcomes described in section 13E(3)); and

(b)the views of NHS England about how those powers should be exercised in connection with such information.

(2)NHS England may from time to time publish a revised statement under subsection (1).

(3)In this section “relevant NHS bodies” means—

(a)integrated care boards,

(b)NHS trusts established under section 25, and

(c)NHS foundation trusts.]

Textual Amendments

[F33Regulatory functionsE+W

Textual Amendments

13SBMinimising conflicts between regulatory and other functionsE+W

(1)NHS England must make arrangements for—

(a)minimising the risk of conflicts between the exercise of its regulatory functions and its other functions;

(b)managing any conflicts that arise.

(2)In this Act “regulatory functions”, in relation to NHS England, means—

(a)its functions under the provisions listed in subsection (3),

(b)its functions under Chapter 5A of Part 2 (trust special administrators) in relation to NHS foundation trusts, except for any functions that are conferred on it under section 65DA, 65F or 65G as a commissioner, and

(c)any other functions of NHS England so far as exercisable in connection with functions within paragraph (a) or (b).

(3)Those provisions are—

(a)in Part 2 of this Act, Chapter 5 (NHS foundation trusts);

(b)in Part 3 of the Health and Social Care Act 2012—

(i)Chapter 3 (licensing);

(ii)Chapter 4 (NHS payment scheme);

(iii)Chapter 5 (health special administration);

(iv)Chapter 6 (financial assistance in special administration cases).]

[F3413SCProvision of regulatory information or assistance to the CMAE+W

(1)NHS England must give the Competition and Markets Authority (“the CMA”)—

(a)any regulatory information that the CMA may require to enable the CMA to exercise its relevant functions,

(b)any other regulatory information it considers would assist the CMA in exercising its relevant functions, and

(c)any other assistance the CMA may require to assist the CMA in exercising its relevant functions.

(2)In this section—

Textual Amendments

Business plan and reportE+W

13TBusiness planE+W

(1)Before the start of each financial year, [F2NHS England] must publish a business plan setting out how it proposes to exercise its functions in that year and each of the next two financial years.

(2)The business plan must, in particular, explain how [F2NHS England] proposes to discharge its duties under—

(a)sections 13E, 13G [F35, 13L] and 13Q, and

(b)sections 223C to 223E.

(3)The business plan must, in particular, explain how [F2NHS England] proposes to achieve the objectives, and comply with the requirements, specified in the mandate F36....

[F37(3A)The fact that the mandate is revised during the period to which a business plan relates does not require NHS England to revise the plan.]

(4)[F2NHS England] may revise the plan.

(5)[F2NHS England] must publish any revised plan.

Textual Amendments

13UAnnual reportE+W

(1)As soon as practicable after the end of each financial year, [F2NHS England] must publish an annual report on how it has exercised its functions during the year.

(2)The annual report must, in particular, contain an assessment of—

[F38(a)the extent to which, in that year, it met any objectives or requirements specified in the mandate,]

(b)the extent to which it gave effect to the proposals for that year in its business plan, F39...

(c)how effectively it discharged its duties under [F40or by virtue of—

(d)how effectively it discharged its relevant data functions (as defined by section 253(3) of the Health and Social Care Act 2012)[F42, and

(e)how effectively it has discharged its education and training functions including, in particular, the extent to which it has during the year achieved the outcomes set by the Secretary of State for the purpose of section 100(2) of the Care Act 2014.]

[F43(2A)The annual report must include a statement explaining what NHS England has done, during the financial year, to comply with its duties under section 13SB.]

[F44(2B)The annual report must include—

(a)a statement of the amount of expenditure incurred by NHS England and integrated care boards during the year (taken together) in relation to mental health,

(b)a calculation of the proportion of the expenditure incurred by NHS England and integrated care boards during the year (taken together) that relates to mental health, and

(c)an explanation of the statement and calculation.]

(3)[F2NHS England] must—

(a)lay the annual report before Parliament, and

(b)once it has done so, send a copy of it to the Secretary of State.

(4)The Secretary of State must, having considered the annual report, set out in a letter to [F2NHS England] the Secretary of State's assessment of [F2NHS England’s] performance of its functions in the financial year in question.

(5)The letter must, in particular, contain the Secretary of State's assessment of the matters mentioned in subsection (2)(a) to (c).

(6)The Secretary of State must—

(a)publish the letter to [F2NHS England], and

(b)lay it before Parliament.

Textual Amendments

[F45Joint appointmentsE+W

Textual Amendments

F45S. 13UA and cross-heading inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 74, 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

13UAGuidance about joint appointmentsE+W

(1)NHS England may publish guidance for a relevant NHS body about the making of a joint appointment to which this section applies.

(2)A joint appointment to which this section applies is an appointment of a person to a position in—

(a)one or more relevant NHS commissioner and one or more relevant NHS provider,

(b)one or more relevant NHS body and one or more local authority, F46...

(c)one or more relevant NHS body and one or more combined authority[F47, or

(d)one or more relevant NHS body and one or more combined county authority.]

(3)A relevant NHS body must have regard to guidance published under this section.

(4)NHS England must consult such persons as NHS England considers appropriate—

(a)before it first publishes guidance under this section, and

(b)before it publishes any revised guidance containing changes that are, in the opinion of NHS England, significant.

(5)In this section—

Textual Amendments

Additional powersE+W

13VEstablishment of pooled fundsE+W

(1)[F2NHS England] and one or more [F48integrated care boards] may establish and maintain a pooled fund.

(2)A pooled fund is a fund—

(a)which is made up of contributions by the bodies which established it, and

(b)out of which payments may be made, with the agreement of those bodies, towards expenditure incurred in the discharge of any of their commissioning functions.

(3)In this section, “commissioning functions” means functions in arranging for the provision of services as part of the health service.

Textual Amendments

13W [F49NHS England’s] power to generate income, etc.E+W

(1)[F2NHS England] has power to do anything specified in section 7(2) of the Health and Medicines Act 1988 (provision of goods, services, etc.) for the purpose of making additional income available for improving the health service.

(2)[F2NHS England] may exercise a power conferred by subsection (1) only to the extent that its exercise does not to any significant extent interfere with the performance by [F2NHS England] of its functions.

Textual Amendments

13XPower to make grants etc.E+W

(1)[F2NHS England] may make payments by way of grant or loan to a voluntary organisation which provides or arranges for the provision of services which are similar to the services in respect of which [F2NHS England] has functions.

(2)The payments may be made subject to such terms and conditions as [F2NHS England] considers appropriate.

13Y [F50NHS England’s] incidental powers: further provisionE+W

The power conferred on [F2NHS England] 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 [F2NHS England]).

Textual Amendments

[F51Assistance and supportE+W

Textual Amendments

F51S. 13YA and cross-heading inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 12, 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

13YAPower of NHS England to provide assistance and supportE+W

(1)NHS England may provide assistance or support to—

(a)any person providing or proposing to provide services as part of the health service;

(b)any person, not within paragraph (a), exercising functions in relation to the health service.

[F52(c)any public authority, where the assistance or support is in relation to the education or training of health care workers.]

[F53(1A)In subsection (1), “health care workers” means persons in relation to whom the Secretary of State’s duty under section 1F(1) is to be performed.]

(2)The assistance that may be provided under [F54subsection (1)] includes making available the services of NHS England’s employees or any other resources of NHS England.

[F55(3)The assistance that may be provided under subsection (1)(a) or (c), or that may be provided under subsection (1)(b) to integrated care boards, also includes financial assistance.]

(4)Assistance or support provided under this section may be provided on such terms, including terms as to payment, as NHS England considers appropriate.]

[F56(5)In this section, a reference to a public authority—

(a)includes a public authority in the Channel Islands or the Isle of Man, but

(b)subject to that, does not include a reference to a public authority outside the United Kingdom.]

Textual Amendments

[F57Discharge of functionsE+W

Textual Amendments

13YBDirections in respect of functions relating to provision of servicesE+W

(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).]

Modifications etc. (not altering text)

F58...E+W

Textual Amendments

F58S. 13Z-13ZB and cross-heading omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 71(4), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F5813ZExercise of functionsE+W

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F5813ZASection 13Z: further provision in relation to devolved arrangementsE+W

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F5813ZBSection 13Z: arrangements in relation to the function under section 3B(1)(d)E+W

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[F59Powers of directionE+W

Textual Amendments

13ZCSecretary of State directions as to exercise of NHS England functionsE+W

(1)The Secretary of State may give NHS England directions as to the exercise of any of its functions.

(2)The directions that may be given include a direction as to whether a power is to be exercised or not.

(3)The directions that may be given include a direction as to—

(a)when or how a function is, or is not, to be exercised;

(b)conditions that must be met before a function is exercised (for example, conditions relating to the provision of information, consultation or approval);

(c)matters to be taken into account in exercising a function.

(4)For exceptions to the power to give directions under subsection (1), see section 13ZD.

(5)A direction under subsection (1) must include a statement that the Secretary of State considers the direction to be in the public interest.

(6)As soon as reasonably practicable after giving a direction under subsection (1), the Secretary of State must publish it.

(7)The fact that the Secretary of State has a function under any other enactment in relation to NHS England’s exercise of functions is not to be read as limiting the power conferred by subsection (1).

(8)The reference in subsection (7) to a function of the Secretary of State does not include a function of making subordinate legislation.

13ZDPower to give directions: exceptionsE+W

(1)A direction under section 13ZC may not be given in relation to a function relating to the appointment or employment of a person.

(2)A direction under section 13ZC may not be given in relation to a decision about the services to be provided to a particular individual for or in connection with the prevention, diagnosis or treatment of illness.

(3)A direction under section 13ZC may not be given in relation to the provision of any drug, medicine or other treatment, or the use of any diagnostic technique, unless NICE has made a recommendation or issued guidance as to its clinical and cost effectiveness and the direction is not inconsistent with that recommendation or guidance.

13ZECompliance with directions: significant failureE+W

(1)This section applies where—

(a)NHS England is given a direction under section 13ZC,

(b)the direction —

(i)states that the Secretary of State considers that NHS England is failing or has failed to discharge any of its functions, and

(ii)states that the Secretary of State considers that the failure is significant and explains why,

(c)the direction states that it is given for the purposes of addressing that failure, and

(d)NHS England fails to comply with the direction.

(2)The Secretary of State may—

(a)discharge the functions to which the direction relates, or

(b)make arrangements for any other person to discharge them on the Secretary of State’s behalf.

(3)Where the Secretary of State exercises the power under subsection (2), the Secretary of State must publish the reasons for doing so.

(4)For the purpose of this section—

(a)a failure to discharge a function includes a failure to discharge it properly, and

(b)a failure to discharge a function properly includes a failure to discharge it consistently with what the Secretary of State considers to be the interests of the health service.

13ZFSecretary of State directions to provide informationE+W

(1)The Secretary of State may direct NHS England to provide the Secretary of State with any documents or other information that may be specified in the direction.

(2)The directions that may be given include a direction to provide documents or other information that NHS England would need to obtain from others in the exercise of some other power.

(3)The directions may include provision as to—

(a)the form or manner in which the documents or information must be provided;

(b)the time at which or period within which the documents or information must be provided.]

Power to confer additional functionsE+W

13Z1Power to confer additional functions on [F2NHS England]E+W

(1)Regulations may provide that [F2NHS England] is to have such additional functions in relation to the health service as may be specified in the regulations.

(2)A function may be specified in regulations under subsection (1) only if the function is connected to another function of [F2NHS England].

F60...E+W

Textual Amendments

F6013Z2Failure by the Board to discharge any of its functionsE+W

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Disclosure of informationE+W

13Z3Permitted disclosures of informationE+W

(1)[F2NHS England] may disclose information obtained by it in the exercise of its functions if—

(a)the information has previously been lawfully disclosed to the public,

(b)the disclosure is made under or pursuant to regulations under section 113 or 114 of the Health and Social Care (Community Health and Standards) Act 2003 (complaints about health care or social services),

(c)the disclosure is made in accordance with any enactment or court order,

(d)the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,

(e)the disclosure is made to any person in circumstances where it is necessary or expedient for the person to have the information for the purpose of exercising functions of that person under any enactment,

(f)the disclosure is made for the purpose of facilitating the exercise of any of [F2NHS England’s] functions,

(g)the disclosure is made in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or

(h)the disclosure is made for the purpose of criminal proceedings (whether or not in the United Kingdom).

(2)Paragraphs (a) to (c) and (h) of subsection (1) have effect notwithstanding any rule of common law which would otherwise prohibit or restrict the disclosure.

InterpretationE+W

13Z4InterpretationE+W

(1)In this Chapter—

F61(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments