Part 1Promotion and provision of the health service in England

Regulations as to the exercise of functions

F16FEnforcement of section 6E regulations relating to patient choice

(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.