Part 1Promotion and provision of the health service in England

Regulations as to the exercise of functions

F16ERegulations as to the exercise of functions by F2NHS England or F3integrated care boards

(1)

Regulations F4must impose requirements (to be known as “standing rules”) in accordance with this section on F2NHS England F5and on F6integrated care boards.

F7(1A)

The regulations must make provision as to the arrangements that NHS England and integrated care boards must make, in exercising their commissioning functions, for enabling persons to whom specified treatments or other specified services are to be provided to make choices with respect to specified aspects of them.

(1B)

The regulations may make other provision for the purpose of securing that, in exercising their commissioning functions, NHS England and integrated care boards protect and promote the rights of persons to make choices in relation to treatments or other services, where those rights—

(a)

arise by virtue of regulations under subsection (1A), or

(b)

are described in the NHS Constitution.

(2)

The regulations may, in relation to the commissioning functions of F2NHS England or F8integrated care boards, make provision—

(a)

requiring F2NHS England or F8integrated care boards to arrange for specified treatments or other specified services to be provided or to be provided in a specified manner or within a specified period;

(b)

as to the arrangements that F2NHS England or F8integrated care boards must make for the purpose of making decisions as to—

(i)

the treatments or other services that are to be provided;

(ii)

the manner in which or period within which specified treatments or other specified services are to be provided;

(iii)

the persons to whom specified treatments or other specified services are to be provided;

F9(c)

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

(3)

Regulations by virtue of paragraph (b) of subsection (2) may, in particular, make provision—

(a)

requiring F2NHS England or F10an integrated care board to take specified steps before making decisions as to the matters mentioned in that paragraph;

(b)

as to reviews of, or appeals from, such decisions.

(4)

The regulations may—

(a)

specify matters for which provision must be made in commissioning contracts entered into by F2NHS England or F11integrated care boards;

(b)

require F2NHS England to draft terms and conditions making provision for those matters;

(c)

require F2NHS England or F12integrated care boards to incorporate the terms and conditions drafted by virtue of paragraph (b) in commissioning contracts entered into by F2NHS England or (as the case may be) F12integrated care boards.

(5)

The regulations must—

(a)

require F2NHS England to draft such terms and conditions as F2NHS England considers are, or might be, appropriate for inclusion in commissioning contracts entered into by F2NHS England or F13integrated care boards (other than terms and conditions that F2NHS England is required to draft by virtue of subsection (4)(a));

(b)

authorise F2NHS England to require F14integrated care boards to incorporate terms and conditions prepared by virtue of paragraph (a) in their commissioning contracts;

(c)

authorise F2NHS England to draft model commissioning contracts.

(6)

The regulations may require F2NHS England to consult prescribed persons before exercising any of its functions by virtue of subsection (4)(b) or (5).

(7)

The regulations may require F2NHS England or F15integrated care boards in the exercise of any of its or their functions—

(a)

to provide information of a specified description to specified persons in a specified manner;

F16(b)

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

(c)

to do such other things as the Secretary of State considers necessary for the purposes of the health service.

(8)

The regulations may not impose a requirement on only one F17integrated care board.

(9)

If regulations under this section are made so as to come into force on a day other than 1 April, the Secretary of State must—

(a)

publish a statement explaining the reasons for making the regulations so as to come into force on such a day, and

(b)

lay the statement before Parliament.

(10)

In this section—

(a)

“commissioning contracts”, in relation to F2NHS England or F18integrated care boards, means contracts entered into by F2NHS England or (as the case may be) F18integrated care boards in the exercise of its or their commissioning functions;

(b)

“commissioning functions”, in relation to F2NHS England or F19integrated care boards, means the functions of F2NHS England or (as the case may be) F19integrated care boards in arranging for the provision of services as part of the health service;

(c)

“specified” means specified in the regulations.