http://www.legislation.gov.uk/ukpga/2022/31/section/27Health and Care Act 2022enStatute Law Database2025-11-18Expert Participation2025-07-07 PART 127For sections 223C to 223E of the National Health Service Act 2006 substitute—223C1NHS England must exercise its functions with a view to ensuring that expenditure incurred by the following bodies in a financial year (taken together) does not exceed the aggregate of any sums received by them in the year—aNHS England;bintegrated care boards.2The Secretary of State may by direction—aspecify descriptions of expenditure that are, or are not, to be treated for the purposes of this section as expenditure incurred by a body, or expenditure incurred by it in a particular financial year;bspecify descriptions of sums that are, or are not, to be treated for the purposes of this section as having been received by a body, or as having been received by it in a particular financial year;cprovide for sums received by NHS England under section 223B in a year but not spent to be treated for the purposes of this section as expenditure incurred by it in a particular financial year;dprovide for sums received by an integrated care board under section 223G in a year but not spent to be treated for the purposes of this section as expenditure incurred by it in a particular financial year.3For the purposes of this section any sum allotted to NHS England for a year under section 223B is to be treated as received by it in that year (subject to any direction under subsection (2)(b)).223CAThe Secretary of State may by direction require NHS England to use banking facilities specified in the direction for any purposes so specified.223D1NHS England must exercise its functions with a view to ensuring that, in respect of each financial year—atotal capital resource use does not exceed the limit specified in a direction by the Secretary of State;btotal revenue resource use does not exceed the limit specified in a direction by the Secretary of State.2In subsection (1) “total capital resource use” and “total revenue resource use” means the use of capital resources or (as the case may be) revenue resources by relevant NHS bodies, other than use that consists of the transfer of resources between relevant NHS bodies.3In subsection (2) “relevant NHS bodies” means—aNHS England,bintegrated care boards,cNHS trusts established under section 25, anddNHS foundation trusts.4A direction under subsection (1)(a) or (b) specifying a limit in relation to a financial year may be varied by a subsequent direction only if—aNHS England agrees to the change,ba parliamentary general election takes place, orcthe Secretary of State considers that there are exceptional circumstances which make the variation necessary.5The Secretary of State must publish and lay before Parliament any directions under this section.6Any reference in this Chapter to the use of capital resources or revenue resources is a reference to their expenditure, consumption or reduction in value.223E1The Secretary of State may direct NHS England to ensure—athat relevant capital resource use in a financial year which is attributable to matters specified in the direction does not exceed an amount so specified;bthat relevant revenue resource use in a financial year which is attributable to matters specified in the direction does not exceed an amount so specified.2In subsection (1) “relevant capital resource use” and “relevant revenue resource use” means the use of capital resources or (as the case may be) revenue resources by NHS England and integrated care boards.3The Secretary of State may direct NHS England to ensure that NHS England’s use of revenue resources in a financial year which is attributable to such matters relating to administration as are specified in the direction does not exceed an amount so specified.S. 27 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 34)S. 27 not in force at Royal Assent, see s. 186(6)