Change 1 Article Choose an article Title and introductory text 1 Secretary of State's duty to promote comprehensive health service 1A Duty as to improvement in quality of services 1B Duty as to the NHS Constitution 1C Duty as to reducing inequalities 1D Duty as to promoting autonomy 1E Duty as to research 1F Duty as to education and training 1G Secretary of State's duty as to reporting on and reviewing treatment of providers 1GA Secretary of State’s duty to report on workforce systems 1H NHS England and its general functions 1I General functions of integrated care boards 2. General power 2A Secretary of State's duty as to protection of public health 2B Functions of local authorities and Secretary of State as to improvement of public health 3. Duties of integrated care boards as to commissioning certain health services 3A. Power of integrated care boards to commission certain health services 3B Secretary of State's power to require NHS England to commission services 4 High security psychiatric services 5 Other services 6 Performance of functions outside England 6A Reimbursement of cost of services provided in another EEA state 6B Prior authorisation for the purposes of section 6A 6BA Reimbursement of cost of services provided in another EEA state where expenditure incurred on or after 25 October 2013. 6BB Prior authorisation for the purposes of section 6BA 6C Regulations as to the exercise by local authorities of certain public health functions 6D Regulations relating to EU obligations 6E Regulations as to the exercise of functions by NHS England or integrated care boards 6F Enforcement of section 6E regulations relating to patient choice 6G Guidance relating to patient choice 7 Functions of Special Health Authorities 7A. Exercise of Secretary of State’s public health functions 7B Directions requiring NHS bodies to exercise public health functions 7C Power of direction: investigation functions 7D Transfer schemes in connection with a direction under section 7C 7E Transfer schemes under section 7D: taxation 8 Secretary of State's directions to certain health service bodies 9 NHS contracts 10 Provision for bodies in Northern Ireland 10A Provision for bodies in Scotland 11 Arrangements to be treated as NHS contracts 12 Secretary of State's arrangements with other bodies 12ZA Commissioning arrangements by NHS England or integrated care boards 12ZB Procurement regulations 12ZC Eradicating slavery and human trafficking in supply chains 12A Direct payments for health care 12B Regulations about direct payments 12C Direct payments pilot schemes 12D Arrangements with other bodies relating to direct payments 12E Secretary of State's duty as respects variation in provision of health services 12F Expected mental health spending 13A Mandate to NHS England 13B Review of NHS England’s performance in implementing the mandate 13C Duty to promote NHS Constitution 13D Duty as to effectiveness, efficiency etc. 13E Duty as to improvement in quality of services 13F Duty as to promoting autonomy 13G Duty as to reducing inequalities 13H Duty to promote involvement of each patient 13I Duty as to patient choice 13J Duty to obtain appropriate advice 13K Duty to promote innovation 13L Duty in respect of research 13M Duty as to promoting education and training 13N Duty as to promoting integration 13NA Duty to have regard to wider effect of decisions 13NB Guidance about discharge of duty 13NC Duties as to climate change etc 13ND Guidance about discharge of duty under section 13NC etc 13O Duty to have regard to impact on services in certain areas 13P Duty as respects variation in provision of health services 13PA Duty to cooperate for education and training functions and specified functions 13Q Public involvement and consultation by NHS England 13R Information on safety of services provided by the health service 13S Guidance in relation to processing of information 13SA Information about inequalities 13SB Minimising conflicts between regulatory and other functions 13SC Provision of regulatory information or assistance to the CMA 13T Business plan 13U Annual report 13UA Guidance about joint appointments 13V Establishment of pooled funds 13W NHS England’s power to generate income, etc. 13X Power to make grants etc. 13Y NHS England’s incidental powers: further provision 13YA Power of NHS England to provide assistance and support 13YB Directions in respect of functions relating to provision of services 13Z Exercise of functions 13ZA Section 13Z: further provision in relation to devolved arrangements 13ZB Section 13Z: arrangements in relation to the function under section 3B(1)(d) 13ZC Secretary of State directions as to exercise of NHS England functions 13ZD Power to give directions: exceptions 13ZE Compliance with directions: significant failure 13ZF Secretary of State directions to provide information 13Z1 Power to confer additional functions on NHS England 13Z2 Failure by the Board to discharge any of its functions 13Z3 Permitted disclosures of information 13Z4 Interpretation 14G Mergers 14Z25 Duty to establish integrated care boards 14Z26 Process for establishing initial integrated care boards 14Z27 Abolition of clinical commissioning groups 14Z28 Transfer schemes in connection with integrated care boards 14Z29 Duty for integrated care board to publish constitution 14Z30 Register of interests and management of conflicts of interests 14Z31 People for whom integrated care board has responsibility 14Z32 Duty to promote NHS Constitution 14Z33 Duty as to effectiveness, efficiency etc 14Z34 Duty as to improvement in quality of services 14Z35 Duties as to reducing inequalities 14Z36 Duty to promote involvement of each patient 14Z37 Duty as to patient choice 14Z38 Duty to obtain appropriate advice 14Z39 Duty to promote innovation 14Z40 Duty in respect of research 14Z41 Duty to promote education and training 14Z42 Duty to promote integration 14Z43 Duty to have regard to wider effect of decisions 14Z44 Duties as to climate change etc 14Z45 Public involvement and consultation by integrated care boards 14Z46 Joint exercise of functions with Local Health Boards 14Z47 Raising additional income 14Z48 Power to make grants 14Z49 Duty to keep experience of members under review etc 14Z50 Responsibility for payments to providers 14Z51 Guidance by NHS England 14Z52 Joint forward plans for integrated care board and its partners 14Z53 Revision of forward plans 14Z54 Consultation about forward plans 14Z55 Opinion of Health and Wellbeing Boards on forward plan 14Z56 Joint capital resource use plan for integrated care board and its partners 14Z57 Revision of joint capital resource use plans 14Z58 Annual report 14Z59 Performance assessment of integrated care boards 14Z60 Power of NHS England to obtain information 14Z61 Power to give directions to integrated care boards 14Z62 Section 14Z61 directions: consultation and cooperation 14Z63 Permitted disclosures of information 14Z64 Interpretation 25 NHS trusts 26 General duty of NHS trusts 26A Duty to have regard to wider effect of decisions 26B Duties in relation to climate change etc 27 Financial provisions relating to NHS trusts 27A Oversight and support of NHS trusts 27B NHS England’s directions to NHS trusts 27C Recommendations about restructuring 27D Intervention in NHS trusts: recommendations etc by NHS England 28 Special Health Authorities 28A Special Health Authorities: further provision 29 Exercise of Special Health Authority functions 29A Special Health Authorities: accounts and audit 30 NHS foundation trusts 31 Independent Regulator of NHS Foundation Trusts 32 General duty of regulator 33 Applications by NHS trusts 34 Other applications 35 Authorisation of NHS foundation trusts 36 Effect of authorisation 37 Amendments of constitution 38 Variation of authorisation 39 Register of NHS foundation trusts 39A Panel for advising governors 40 Power of Secretary of State to give financial assistance 41 Prudential borrowing code 42 Public dividend capital 42A Criteria for making loans etc. 42B Limits on capital expenditure 42C Guidance in relation to orders under section 42B 43 Provision of goods and services 44 Power to charge for accommodation etc. 45 Protection of property 46 Financial powers 47 General powers 47A Joint exercise of functions 48 Information 49 Entry and inspection of premises 50 Fees 51 Trust funds and trustees 51A Significant transactions 52 Failing NHS foundation trusts 52A Application of sections 52B to 52E 52B De-authorisation: regulator's notice 52C Grounds for de-authorisation notice 52D De-authorisation 52E Secretary of State's request 53 Voluntary arrangements 54 Dissolution etc 55 Sections 53 and 54: supplementary 56 Mergers 56A Acquisitions 56AA Acquisitions under section 56A: supplementary 56B Separations 57 Sections 56 to 56B: supplementary 57A Dissolution 58 Taxation 59 Conduct of elections 60 Voting and standing for election 61 Representative membership 62 Audit 63 General duty of NHS foundation trusts 63A Duty to have regard to wider effect of decisions 63B Duties in relation to climate change etc 64 Orders and regulations under this Chapter 65 Interpretation of this Chapter 65A Application 65B NHS trusts: appointment of trust special administrator 65BA Care Quality Commission report on safety and quality of services 65C Suspension of directors 65D NHS foundation trusts: appointment of trust special administrator 65DA Objective of trust special administration 65E NHS foundation trusts: de-authorisation and appointment of trust special administrator 65F Draft report 65G Consultation plan 65H Consultation requirements 65I Final report 65J Power to extend time 65K. Decision of NHS England or Secretary of State in case of NHS trust 65KA NHS England’s decision in case of NHS foundation trust 65KB Secretary of State's response to NHS England’s decision 65KC Action following Secretary of State's rejection of final report 65KD Secretary of State's response to re-submitted final report 65L Trusts coming out of administration 65LA Trusts to be dissolved 65M Replacement of trust special administrator 65N Guidance 65O Interpretation of this Chapter 65Z4 Consolidated accounts for NHS trusts and NHS foundation trusts 65Z5 Joint working and delegation arrangements 65Z6 Joint committees and pooled funds 65Z7 Joint working and delegation: guidance by NHS England 66 Intervention orders 67 Effect of intervention orders 68 Default powers 68A Reconfiguration of NHS services 69 Protection from personal liability 69A Transfer schemes: NHS trusts and NHS foundation trusts 70 Transfer of residual liabilities of certain health service bodies 71 Schemes for meeting losses and liabilities etc of certain health service bodies 72 Co-operation between NHS bodies 72A Exemption from Part 3 of the Enterprise Act 2002 73 Directions and regulations under this Part 73A Appointment of directors of public health 73B Exercise of public health functions of local authorities: further provision 73C Complaints about exercise of public health functions by local authorities 74 Supply of goods and services by local authorities 75 Arrangements between NHS bodies and local authorities 76 Power of local authorities to make payments 77 Care Trusts 78 Directed partnership arrangements 79 Further provision about directions and directed partnership arrangements 80 Supply of goods and services by the Secretary of State , NHS England and integrated care boards 81 Conditions of supply under section 80 82 Co-operation between NHS bodies and local authorities 83 Primary medical services 84. General medical services contracts: introductory 85 Requirement to provide certain primary medical services 86. Persons eligible to enter into GMS contracts 87. GMS contracts: payments 88 GMS contracts: prescription of drugs, etc 89 GMS contracts: other required terms 90 GMS contracts: disputes and enforcement 91 Persons performing primary medical services 92. Arrangements by the Board for the provision of primary medical services 93. Persons with whom agreements may be made under section 92 94 Regulations about section 92 arrangements 95 Transfer of liabilities relating to section 92 arrangements 96. Assistance and support: primary medical services 97. Local Medical Committees 98 Use of accommodation: provision of primary medical services 98A. Exercise of functions 99. Primary dental services 100 General dental services contracts: introductory 101 Requirement to provide certain primary dental services 102 Persons eligible to enter into GDS contracts 103 GDS contracts: payments 104 GDS contracts: other required terms 105 GDS contracts: disputes and enforcement 106 Persons performing primary dental services 107 Arrangements by the Board for the provision of primary dental services 108 Persons with whom agreements may be made under section 107 109 Regulations about section 107 arrangements 110 Transfer of liabilities relating to section 107 arrangements 111 Dental public health 112 Assistance and support: primary dental services 113 Local Dental Committees 114 Use of accommodation: provision of primary dental services 114A. Exercise of functions 115. Primary ophthalmic services 116 Regulations under section 115: supplementary 117 General ophthalmic services contracts: introductory 118 Persons eligible to enter into GOS contracts 119 Exclusion of contractors 120 GOS contracts: payments 121 GOS contracts: other required terms 122 GOS contracts: disputes and enforcement 123 Persons performing primary ophthalmic services 124 Assistance and support: primary ophthalmic services 125 Local Optical Committees 125A Exercise of functions 126 Arrangements for pharmaceutical services 127 Arrangements for additional pharmaceutical services 128 Terms and conditions, etc 128A Pharmaceutical needs assessments 129 Regulations as to pharmaceutical services 130 Regulations under section 129: appeals, etc 131 Power to charge 132 Persons authorised to provide pharmaceutical services 133 Inadequate provision of pharmaceutical services 134 Pilot schemes 135 Making pilot schemes 136 Designation of priority neighbourhoods or premises 137 Reviews of pilot schemes 138 Variation and termination of pilot schemes 139 NHS contracts and the provision of piloted services 140 Funding of preparatory work 141 Application of this Act 142 Premises from which piloted services may be provided 143 Control of entry regulations 144 Local pharmaceutical services schemes 145 Application of enactments 146 Persons performing local pharmaceutical services 147 Assistance and support: local pharmaceutical services 147A Performers of pharmaceutical services and assistants 147B Further provision about regulations under section 147A 148 Conditional inclusion in pharmaceutical lists 149 Supplementary lists 150 Further provision about regulations under section 149 150A Notices and penalties 151 Disqualification of practitioners 152 Contingent removal 153 Fraud and unsuitability cases: supplementary 154 Suspension 155 Suspension pending appeal 156 Effect of suspension 157 Review of decisions 158 Appeals 159 National disqualification 160 Notification of decisions 161 Withdrawal from lists 162 Regulations about decisions under this Chapter 163 Corresponding provisions in Scotland and Northern Ireland 164 Remuneration for persons providing pharmaceutical services 165 Section 164: supplementary 165A Pharmaceutical remuneration: further provision 166 Indemnity cover 167 Local Pharmaceutical Committees 168 Use of accommodation: provision of pharmaceutical services and local pharmaceutical services 168A Exercise of functions 169 Appeals to the First-tier Tribunal 170 FHSAA: financial provisions 171 Conditions of use of services of persons under section 169 172 Charges for drugs, medicines or appliances, or pharmaceutical services 173 Exemptions from general charging 174 Pre-payment certificates 175 Charges in respect of non-residents 176 Dental charging 177 Exemptions from dental charging 178 Charges, recovery of payments and penalties 179 Charges for optical appliances 180 Payments in respect of costs of optical appliances and sight tests 181 Section 180: supplementary 182 Remission and repayment of charges 183 Payment of travelling expenses 184 Sections 182 and 183: supplementary 185 Charges for more expensive supplies 186 Charges for repairs and replacements in certain cases 186A Charges in respect of public health functions 187 Charges for designated services or facilities 188 Sums otherwise payable to those providing services 189 Hospital accommodation on part payment 190 Expenses payable by employed patients 191 Recovery of charges 192 Recovery of charges and payments in relation to goods and services 193 Penalties relating to charges 194 Offences relating to charges 195 Compulsory disclosure of documents 196 Persons and bodies about which provision is made by this Part 197 Notice requiring production of documents 198 Production of documents 199 Delegation of functions 200 Code of practice relating to delegated functions 201 Disclosure of information 202 Protection of personal information disclosed for purposes of proceedings 203 Manner in which disclosure notice may be served 204 Offences in connection with production of documents 205 Offences relating to disclosure or use of information 206 Offences by bodies corporate etc 207 Offences committed by partnerships and other unincorporated associations 208 Penalties for offences under this Part: transitional modification 209 Orders and regulations under this Part 210 Interpretation of this Part 211 Acquisition, use and maintenance of property 212 Special trustees for a university hospital or teaching hospital 213 Transfers of trust property 214 Transfer of functions and property to or from Welsh special trustees 215 Trustees and property under section 222 216 Application of trust property: further provisions 217 Trusts: supplementary provisions 218 Private trusts for hospitals 219 Transferred property free of trusts 220 Trust property previously held for general hospital purposes 221 Voluntary hospitals 222 Power to raise money 223 Public-private partnerships 223A. Application of section 223 to integrated care boards 223B Funding of NHS England 223C. Financial duties of NHS England: expenditure 223CA NHS England: banking facilities 223D. Financial duties of NHS England: controls on total resource use 223E. Financial duties of NHS England: additional controls on resource use 223F Power to establish contingency fund 223G Means of meeting expenditure of integrated care boards out of public funds 223GA Expenditure on integration 223GB Power to impose financial requirements on integrated care boards 223GC Financial duties of integrated care boards: expenditure limits 223GD Integrated care boards: banking facilities 223H Financial duties of clinical commissioning groups: expenditure 223I Financial duties of clinical commissioning groups: use of resources 223J Financial duties of clinical commissioning groups: additional controls on resource use 223K Payments in respect of quality 223L Joint financial objectives for integrated care boards etc 223M Financial duties of integrated care boards etc: use of resources 223N Financial duties of integrated care boards etc: additional controls on resource use 223O Resources etc relevant to section 223D, 223E or 223M 224 Means of meeting expenditure of Strategic Health Authorities out of public funds 225 Means of meeting expenditure of Special Health Authorities out of public funds 226 Financial duties of ... Special Health Authorities 227 Resource limits for ... Special Health Authorities 228 Public funding of Primary Care Trusts 229 Financial duties of Primary Care Trusts 230 Resource limits for Primary Care Trusts 231 Further provision about the expenditure of Primary Care Trusts 232 Accounts and audit 233 Allowances for members of certain bodies 234 Special arrangement as to payment of remuneration 235 Superannuation of officers of certain hospitals 236 Payments for certain medical examinations 237 Establishment of Patients' Forums 238 Additional functions of PCT Patients' Forums 239 Entry and inspection of premises 240 Annual reports 241 Further provision about Patients' Forums 242 Public involvement and consultation 242A Strategic Health Authorities: further duty to involve users 242B Directions in cases where Strategic Health Authority arranges involvement 243 The Commission for Patient and Public Involvement in Health 244 Review and scrutiny by local authorities 245 Joint overview and scrutiny committees etc 246 Business relating to functions of local authorities by virtue of section 244: exempt information 247 Application to the City of London 247A Application to certain other local authorities without overview and scrutiny committees 247B Co-operation in relation to public health functions 247C Secretary of State's duty to keep health service functions under review 247D Secretary of State's annual report 248 Independent advocacy services 249 Joint working with the prison service 250 Secretary of State's standing advisory committees 250A National Information Governance Board: functions 250B National Information Governance Board: Wales 250C National Information Governance Board: further provisions. 250D National Information Governance Board: annual reports 251 Control of patient information 252 Consultation with the Care Quality Commission 252A Role of NHS England and integrated care boards in respect of emergencies 253 Emergency powers 254 Local social service authorities 254A 255 Supplies not readily obtainable 256 Power of NHS England or an integrated care board to make payments towards expenditure on community services 257 Payments in respect of voluntary organisations under section 256 258 University clinical teaching and research 259 Sale of medical practices 260 Control of maximum price of medical supplies other than health service medicines 261 Powers relating to voluntary schemes 262 Power to control prices 263 Statutory schemes 264 Statutory schemes: supplementary 264A Provision of information about health service products 264B Disclosure of information 264C Sections 264A and 264B: supplementary 265 Enforcement 266 Controls: supplementary 267 Permission for use of facilities in private practice 268 Persons displaced by health service development 269 Special notices of births and deaths 270 Provision of information by Registrar General 271 Territorial limit of exercise of functions 271A Services to be treated as services of the Crown for certain purposes 272 Orders, regulations, rules and directions 273 Further provision about orders and directions under this Act 274 Supplementary regulatory powers 275 Interpretation 275A References to functions: delegation etc 276 Index of defined expressions 277 Commencement 278 Short title, extent and application SCHEDULE A1 NHS England SCHEDULE 1 Further provision about the Secretary of State and services under this Act SCHEDULE 1ZA Patient choice: undertakings by integrated care boards SCHEDULE 1A Clinical commissioning groups SCHEDULE 1B Integrated care boards SCHEDULE 4 NHS trusts established under section 25 SCHEDULE 5 Financial provision about NHS trusts established under section 25 SCHEDULE 6 Special Health Authorities established under section 28 SCHEDULE 7 Constitution of public benefit corporations SCHEDULE 10 Audit of accounts of NHS foundation trusts SCHEDULE 10A Intervention powers in relation to the reconfiguration of NHS services SCHEDULE 11 Pilot schemes SCHEDULE 12 LPS schemes SCHEDULE 12A Pharmaceutical remuneration SCHEDULE 16 The Commission for Patient and Public Involvement in Health SCHEDULE 17 Exempt information relating to health services SCHEDULE 18 Section 75 arrangements: transfer of staff SCHEDULE 21 Prohibition of sale of medical practices SCHEDULE 22 Control of maximum prices for medical supplies
What to do with it
As published
42 Public dividend capital
(1) Where an NHS trust becomes an NHS foundation trust, the amount which was the public dividend capital of the NHS trust immediately before the giving of the authorisation continues as public dividend capital of the NHS foundation trust held on the same conditions (“initial public dividend capital”), but subject to this section.
(2) Any amount issued to an NHS foundation trust as public dividend capital under section 40 is (like initial public dividend capital) an asset of the Consolidated Fund.
(3) The Secretary of State may, with the consent of the Treasury, decide the terms on which any public dividend capital of an NHS foundation trust must be treated as having been issued.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Any amount paid to the Secretary of State by an NHS foundation trust by way of repayment of public dividend capital must be paid into the Consolidated Fund.
(7) The terms which may be decided under subsection (3) include terms to which the exercise of any power of an NHS foundation trust to do any of the following will be subject as a consequence—
(a) providing goods or services,
(b) borrowing or investing money,
(c) providing financial assistance,
(d) acquiring or disposing of property,
(e) entering into contracts, or making other arrangements, to do anything referred to in paragraphs (a) to (d),
(f) applying for dissolution (whether or not when also applying for the establishment of one or more other trusts),
(g) applying to acquire another body.
Your wording
Your change, as a redline
42 Public dividend capital
(1) Where an NHS trust becomes an NHS foundation trust, the amount which was the public dividend capital of the NHS trust immediately before the giving of the authorisation continues as public dividend capital of the NHS foundation trust held on the same conditions (“initial public dividend capital”), but subject to this section.
(2) Any amount issued to an NHS foundation trust as public dividend capital under section 40 is (like initial public dividend capital) an asset of the Consolidated Fund.
(3) The Secretary of State may, with the consent of the Treasury, decide the terms on which any public dividend capital of an NHS foundation trust must be treated as having been issued.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Any amount paid to the Secretary of State by an NHS foundation trust by way of repayment of public dividend capital must be paid into the Consolidated Fund.
(7) The terms which may be decided under subsection (3) include terms to which the exercise of any power of an NHS foundation trust to do any of the following will be subject as a consequence—
(a) providing goods or services,
(b) borrowing or investing money,
(c) providing financial assistance,
(d) acquiring or disposing of property,
(e) entering into contracts, or making other arrangements, to do anything referred to in paragraphs (a) to (d),
(f) applying for dissolution (whether or not when also applying for the establishment of one or more other trusts),
(g) applying to acquire another body.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.