PART 3

Regulation of health and adult social care services
CHAPTER 4

The NHS payment scheme

The NHS payment scheme: impact assessment and consultation
114C
1
Before publishing the NHS payment scheme, NHS England must—
a
carry out an assessment of the likely impact of the proposed scheme, or
b
publish a statement setting out its reasons for concluding that such assessment is not needed.
2
Before publishing the NHS payment scheme, NHS England must consult the following—
a
each integrated care board;
b
each relevant provider;
c
such other persons as NHS England considers appropriate.
3
NHS England must give those persons a notice—
a
describing the proposed NHS payment scheme,
b
setting out any impact assessment carried out under subsection (1)(a), and
c
specifying when the period within which representations may be made about the proposed NHS payment scheme (“the consultation period”) will come to an end.
4
The consultation period is the period of 28 days beginning with the day after that on which the notice is published.
5
NHS England must publish the notice given under subsection (3).
6
If, having consulted under this section—
a
NHS England decides to make amendments of the proposed NHS payment scheme that are, in its opinion, significant, and
b
it would, in NHS England’s opinion, be unfair to make the amendments without further consultation,
NHS England must consult again under this section.
7
Subsection (6) does not apply where section 114D applies.
8
In this section “
relevant provider
” means—
a
a licence holder, or
b
another person, of a prescribed description, that provides—
i
health care services for the purposes of the NHS, or
ii
services in pursuance of arrangements made by NHS England or an integrated care board by virtue of section 7A or 7B of the National Health Service Act 2006 (Secretary of State’s public health functions).
Pt. 3 Ch. 4 substituted (1.7.2022 but only for the insertion of ss. 114C, 114D for specified purposes, 1.4.2023 in so far as not already in force) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 10 para. 3; S.I. 2022/734, reg. 2(b) (with regs. 13, 29, 30); S.I. 2023/371, reg. 2(d)