National Health Service Act 2006

Accounts E+W

24 [F1 (1) A public benefit corporation must keep proper accounts and proper records in relation to the accounts. E+W

(1A) [F2 NHS England] may with the approval of the Secretary of State give directions to the corporation as to the content and form of its accounts.]

(2) The accounts must be audited by the corporation's auditor.

(3) But the Comptroller and Auditor General may examine—

(a) the accounts,

(b) [F3 the records] relating to them, and

(c) any report of the auditor on them.

(4) If trustees are appointed under section 51, the Comptroller and Auditor General may also examine—

(a) the accounts kept by the trustees,

(b) any records relating to them, and

(c) any report of an auditor on them.

[F4 (4A) The auditor must, in carrying out functions in relation to the accounts—

(a) comply with the code of audit practice applicable to the accounts that is for the time being in force (see Schedule 6 to the Local Audit and Accountability Act 2014), and

(b) have regard to guidance issued by the Comptroller and Auditor General under paragraph 9 of that Schedule (as it has effect by virtue of paragraph 10(6) of that Schedule).

(4B) The auditor of the accounts must comply with any directions given by the Secretary of State as to arrangements to monitor the standard of the work of auditors in the performance of audits under this paragraph (including arrangements to inspect that work).

(4C) The arrangements mentioned in sub-paragraph (4B) may include arrangements made by [F5 NHS England] or by any other person the Secretary of State considers appropriate.]

F6 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 7 para. 24(1)(1A) substituted for Sch. 7 para. 24(1) (27.3.2012 for specified purposes, 1.10.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 154(1), 306(1)(d)(4); S.I. 2012/1831, art. 2(2)

F2 Words in Sch. 7 para. 24(1A) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 31(2)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F3 Words in Sch. 7 para. 24(3)(b) substituted (27.3.2012 for specified purposes, 1.10.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 154(2), 306(1)(d)(4); S.I. 2012/1831, art. 2(2)

F4 Sch. 7 para. 24(4A)-(4C) inserted (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 74(2); S.I. 2015/841, art. 3(x)

F5 Words in Sch. 7 para. 24(4C) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 31(2)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F6 Sch. 7 para. 24(5) omitted (1.4.2015) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 74(3); S.I. 2015/841, art. 3(x)

25 (1) A public benefit corporation must prepare in respect of each financial year annual accounts in such form as [F7 NHS England] may with the approval of [F8 the Secretary of State] direct. E+W

[F9 (1A) [F10 NHS England] may with the approval of the Secretary of State direct a public benefit corporation—

(a) to prepare accounts in respect of such period or periods as may be specified in the direction;

(b) that any accounts prepared by it by virtue of paragraph (a) are to be audited in accordance with such requirements as may be specified in the direction.]

(2) In preparing its annual accounts [F11 or in preparing any accounts by virtue of sub-paragraph (1A)(a)], the corporation must comply with any directions given by [F12 NHS England] with the approval of [F13 the Secretary of State] as to—

(a) the methods and principles according to which the accounts must be prepared,

(b) the [F14 content and form of] the accounts.

(3) In determining the form and content of the annual accounts[F15 , or of any accounts to be prepared by it by virtue of sub-paragraph (1A)(a),] [F16 NHS England] must aim to ensure that the accounts present a true and fair view.

(4) The corporation must—

(a) lay a copy of the annual accounts, and any report of the auditor on them, before Parliament, and

(b) F17 ... send copies of those documents to [F18 NHS England] [F19 within such period as [F18 NHS England] may direct].

[F20 (4A) The corporation must send to [F21 NHS England] within such period as [F21 NHS England] may direct—

(a) a copy of any accounts prepared by the corporation by virtue of sub-paragraph (1A)(a), and

(b) a copy of any report of an auditor on them prepared by virtue of sub-paragraph (1A)(b).]

(5) The constitution must provide for the functions of the corporation under this paragraph to be delegated to the accounting officer.

(6) In this paragraph and paragraph 27 “financial year” means—

(a) the period beginning with the date on which the corporation is authorised under section 35 and ending with the next 31st March, and

(b) each successive period of twelve months beginning with 1st April.

Textual Amendments

F7 Words in Sch. 7 para. 25(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 31(3)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F8 Words in Sch. 7 para. 25(1) substituted (27.3.2012 for specified purposes, 1.10.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 154(3), 306(1)(d)(4); S.I. 2012/1831, art. 2(2)

F9 Sch. 7 para. 25(1A) inserted (27.3.2012 for specified purposes, 1.10.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 154(4), 306(1)(d)(4); S.I. 2012/1831, art. 2(2)

F10 Words in Sch. 7 para. 25(1A) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 31(3)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F11 Words in Sch. 7 para. 25(2) inserted (27.3.2012 for specified purposes, 1.10.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 154(5)(a), 306(1)(d)(4); S.I. 2012/1831, art. 2(2)

F12 Words in Sch. 7 para. 25(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 31(3)(c); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F13 Words in Sch. 7 para. 25(2) substituted (27.3.2012 for specified purposes, 1.10.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 154(5)(b), 306(1)(d)(4); S.I. 2012/1831, art. 2(2)

F14 Words in Sch. 7 para. 25(2) substituted (27.3.2012 for specified purposes, 1.10.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 154(5)(c), 306(1)(d)(4); S.I. 2012/1831, art. 2(2)

F15 Words in Sch. 7 para. 25(3) inserted (27.3.2012 for specified purposes, 1.10.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 154(6), 306(1)(d)(4); S.I. 2012/1831, art. 2(2)

F16 Words in Sch. 7 para. 25(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 31(3)(c); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F17 Words in Sch. 7 para. 25(4)(b) omitted (27.3.2012 for specified purposes, 1.10.2012 in so far as not already in force) by virtue of Health and Social Care Act 2012 (c. 7), ss. 154(7)(a), 306(1)(d)(4); S.I. 2012/1831, art. 2(2)

F18 Words in Sch. 7 para. 25(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 31(3)(c); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F19 Words in Sch. 7 para. 25(4)(b) inserted (27.3.2012 for specified purposes, 1.10.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 154(7)(b), 306(1)(d)(4); S.I. 2012/1831, art. 2(2)

F20 Sch. 7 para. 25(4A) inserted (27.3.2012 for specified purposes, 1.10.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 154(8), 306(1)(d)(4); S.I. 2012/1831, art. 2(2)

F21 Words in Sch. 7 para. 25(4A) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 31(3)(c); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)