Law

National Health Service Act 2006

United Kingdom · statute

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In force since 2026-10-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 516 provisions
  1. Title and introductory text
  2. 1 Secretary of State's duty to promote comprehensive health service
  3. 1A Duty as to improvement in quality of services
  4. 1B Duty as to the NHS Constitution
  5. 1C Duty as to reducing inequalities
  6. 1D Duty as to promoting autonomy
  7. 1E Duty as to research
  8. 1F Duty as to education and training
  9. 1G Secretary of State's duty as to reporting on and reviewing treatment of providers
  10. 1GA Secretary of State’s duty to report on workforce systems
  11. 1H NHS England and its general functions
  12. 1I General functions of integrated care boards
  13. 2. General power
  14. 2A Secretary of State's duty as to protection of public health
  15. 2B Functions of local authorities and Secretary of State as to improvement of public health
  16. 3. Duties of integrated care boards as to commissioning certain health services
  17. 3A. Power of integrated care boards to commission certain health services
  18. 3B Secretary of State's power to require NHS England to commission services
  19. 4 High security psychiatric services
  20. 5 Other services
  21. 6 Performance of functions outside England
  22. 6A Reimbursement of cost of services provided in another EEA state
  23. 6B Prior authorisation for the purposes of section 6A
  24. 6BA Reimbursement of cost of services provided in another EEA state where expenditure incurred on or after 25 October 2013.
  25. 6BB Prior authorisation for the purposes of section 6BA
  26. 6C Regulations as to the exercise by local authorities of certain public health functions
  27. 6D Regulations relating to EU obligations
  28. 6E Regulations as to the exercise of functions by NHS England or integrated care boards
  29. 6F Enforcement of section 6E regulations relating to patient choice
  30. 6G Guidance relating to patient choice
  31. 7 Functions of Special Health Authorities
  32. 7A. Exercise of Secretary of State’s public health functions
  33. 7B Directions requiring NHS bodies to exercise public health functions
  34. 7C Power of direction: investigation functions
  35. 7D Transfer schemes in connection with a direction under section 7C
  36. 7E Transfer schemes under section 7D: taxation
  37. 8 Secretary of State's directions to certain health service bodies
  38. 9 NHS contracts
  39. 10 Provision for bodies in Northern Ireland
  40. 10A Provision for bodies in Scotland
  41. 11 Arrangements to be treated as NHS contracts
  42. 12 Secretary of State's arrangements with other bodies
  43. 12ZA Commissioning arrangements by NHS England or integrated care boards
  44. 12ZB Procurement regulations
  45. 12ZC Eradicating slavery and human trafficking in supply chains
  46. 12A Direct payments for health care
  47. 12B Regulations about direct payments
  48. 12C Direct payments pilot schemes
  49. 12D Arrangements with other bodies relating to direct payments
  50. 12E Secretary of State's duty as respects variation in provision of health services
  51. 12F Expected mental health spending
  52. 13A Mandate to NHS England
  53. 13B Review of NHS England’s performance in implementing the mandate
  54. 13C Duty to promote NHS Constitution
  55. 13D Duty as to effectiveness, efficiency etc.
  56. 13E Duty as to improvement in quality of services
  57. 13F Duty as to promoting autonomy
  58. 13G Duty as to reducing inequalities
  59. 13H Duty to promote involvement of each patient
  60. 13I Duty as to patient choice
  61. 13J Duty to obtain appropriate advice
  62. 13K Duty to promote innovation
  63. 13L Duty in respect of research
  64. 13M Duty as to promoting education and training
  65. 13N Duty as to promoting integration
  66. 13NA Duty to have regard to wider effect of decisions
  67. 13NB Guidance about discharge of duty
  68. 13NC Duties as to climate change etc
  69. 13ND Guidance about discharge of duty under section 13NC etc
  70. 13O Duty to have regard to impact on services in certain areas
  71. 13P Duty as respects variation in provision of health services
  72. 13PA Duty to cooperate for education and training functions and specified functions
  73. 13Q Public involvement and consultation by NHS England
  74. 13R Information on safety of services provided by the health service
  75. 13S Guidance in relation to processing of information
  76. 13SA Information about inequalities
  77. 13SB Minimising conflicts between regulatory and other functions
  78. 13SC Provision of regulatory information or assistance to the CMA
  79. 13T Business plan
  80. 13U Annual report
  81. 13UA Guidance about joint appointments
  82. 13V Establishment of pooled funds
  83. 13W NHS England’s power to generate income, etc.
  84. 13X Power to make grants etc.
  85. 13Y NHS England’s incidental powers: further provision
  86. 13YA Power of NHS England to provide assistance and support
  87. 13YB Directions in respect of functions relating to provision of services
  88. 13Z Exercise of functions
  89. 13ZA Section 13Z: further provision in relation to devolved arrangements
  90. 13ZB Section 13Z: arrangements in relation to the function under section 3B(1)(d)
  91. 13ZC Secretary of State directions as to exercise of NHS England functions
  92. 13ZD Power to give directions: exceptions
  93. 13ZE Compliance with directions: significant failure
  94. 13ZF Secretary of State directions to provide information
  95. 13Z1 Power to confer additional functions on NHS England
  96. 13Z2 Failure by the Board to discharge any of its functions
  97. 13Z3 Permitted disclosures of information
  98. 13Z4 Interpretation
  99. 14G Mergers
  100. 14Z25 Duty to establish integrated care boards
  101. 14Z26 Process for establishing initial integrated care boards
  102. 14Z27 Abolition of clinical commissioning groups
  103. 14Z28 Transfer schemes in connection with integrated care boards
  104. 14Z29 Duty for integrated care board to publish constitution
  105. 14Z30 Register of interests and management of conflicts of interests
  106. 14Z31 People for whom integrated care board has responsibility
  107. 14Z32 Duty to promote NHS Constitution
  108. 14Z33 Duty as to effectiveness, efficiency etc
  109. 14Z34 Duty as to improvement in quality of services
  110. 14Z35 Duties as to reducing inequalities
  111. 14Z36 Duty to promote involvement of each patient
  112. 14Z37 Duty as to patient choice
  113. 14Z38 Duty to obtain appropriate advice
  114. 14Z39 Duty to promote innovation
  115. 14Z40 Duty in respect of research
  116. 14Z41 Duty to promote education and training
  117. 14Z42 Duty to promote integration
  118. 14Z43 Duty to have regard to wider effect of decisions
  119. 14Z44 Duties as to climate change etc
  120. 14Z45 Public involvement and consultation by integrated care boards
  121. 14Z46 Joint exercise of functions with Local Health Boards
  122. 14Z47 Raising additional income
  123. 14Z48 Power to make grants
  124. 14Z49 Duty to keep experience of members under review etc
  125. 14Z50 Responsibility for payments to providers
  126. 14Z51 Guidance by NHS England
  127. 14Z52 Joint forward plans for integrated care board and its partners
  128. 14Z53 Revision of forward plans
  129. 14Z54 Consultation about forward plans
  130. 14Z55 Opinion of Health and Wellbeing Boards on forward plan
  131. 14Z56 Joint capital resource use plan for integrated care board and its partners
  132. 14Z57 Revision of joint capital resource use plans
  133. 14Z58 Annual report
  134. 14Z59 Performance assessment of integrated care boards
  135. 14Z60 Power of NHS England to obtain information
  136. 14Z61 Power to give directions to integrated care boards
  137. 14Z62 Section 14Z61 directions: consultation and cooperation
  138. 14Z63 Permitted disclosures of information
  139. 14Z64 Interpretation
  140. 25 NHS trusts
  141. 26 General duty of NHS trusts
  142. 26A Duty to have regard to wider effect of decisions
  143. 26B Duties in relation to climate change etc
  144. 27 Financial provisions relating to NHS trusts
  145. 27A Oversight and support of NHS trusts
  146. 27B NHS England’s directions to NHS trusts
  147. 27C Recommendations about restructuring
  148. 27D Intervention in NHS trusts: recommendations etc by NHS England
  149. 28 Special Health Authorities
  150. 28A Special Health Authorities: further provision
  151. 29 Exercise of Special Health Authority functions
  152. 29A Special Health Authorities: accounts and audit
  153. 30 NHS foundation trusts
  154. 31 Independent Regulator of NHS Foundation Trusts
  155. 32 General duty of regulator
  156. 33 Applications by NHS trusts
  157. 34 Other applications
  158. 35 Authorisation of NHS foundation trusts
  159. 36 Effect of authorisation
  160. 37 Amendments of constitution
  161. 38 Variation of authorisation
  162. 39 Register of NHS foundation trusts
  163. 39A Panel for advising governors
  164. 40 Power of Secretary of State to give financial assistance
  165. 41 Prudential borrowing code
  166. 42 Public dividend capital
  167. 42A Criteria for making loans etc.
  168. 42B Limits on capital expenditure
  169. 42C Guidance in relation to orders under section 42B
  170. 43 Provision of goods and services
  171. 44 Power to charge for accommodation etc.
  172. 45 Protection of property
  173. 46 Financial powers
  174. 47 General powers
  175. 47A Joint exercise of functions
  176. 48 Information
  177. 49 Entry and inspection of premises
  178. 50 Fees
  179. 51 Trust funds and trustees
  180. 51A Significant transactions
  181. 52 Failing NHS foundation trusts
  182. 52A Application of sections 52B to 52E
  183. 52B De-authorisation: regulator's notice
  184. 52C Grounds for de-authorisation notice
  185. 52D De-authorisation
  186. 52E Secretary of State's request
  187. 53 Voluntary arrangements
  188. 54 Dissolution etc
  189. 55 Sections 53 and 54: supplementary
  190. 56 Mergers
  191. 56A Acquisitions
  192. 56AA Acquisitions under section 56A: supplementary
  193. 56B Separations
  194. 57 Sections 56 to 56B: supplementary
  195. 57A Dissolution
  196. 58 Taxation
  197. 59 Conduct of elections
  198. 60 Voting and standing for election
  199. 61 Representative membership
  200. 62 Audit
  201. 63 General duty of NHS foundation trusts
  202. 63A Duty to have regard to wider effect of decisions
  203. 63B Duties in relation to climate change etc
  204. 64 Orders and regulations under this Chapter
  205. 65 Interpretation of this Chapter
  206. 65A Application
  207. 65B NHS trusts: appointment of trust special administrator
  208. 65BA Care Quality Commission report on safety and quality of services
  209. 65C Suspension of directors
  210. 65D NHS foundation trusts: appointment of trust special administrator
  211. 65DA Objective of trust special administration
  212. 65E NHS foundation trusts: de-authorisation and appointment of trust special administrator
  213. 65F Draft report
  214. 65G Consultation plan
  215. 65H Consultation requirements
  216. 65I Final report
  217. 65J Power to extend time
  218. 65K. Decision of NHS England or Secretary of State in case of NHS trust
  219. 65KA NHS England’s decision in case of NHS foundation trust
  220. 65KB Secretary of State's response to NHS England’s decision
  221. 65KC Action following Secretary of State's rejection of final report
  222. 65KD Secretary of State's response to re-submitted final report
  223. 65L Trusts coming out of administration
  224. 65LA Trusts to be dissolved
  225. 65M Replacement of trust special administrator
  226. 65N Guidance
  227. 65O Interpretation of this Chapter
  228. 65Z4 Consolidated accounts for NHS trusts and NHS foundation trusts
  229. 65Z5 Joint working and delegation arrangements
  230. 65Z6 Joint committees and pooled funds
  231. 65Z7 Joint working and delegation: guidance by NHS England
  232. 66 Intervention orders
  233. 67 Effect of intervention orders
  234. 68 Default powers
  235. 68A Reconfiguration of NHS services
  236. 69 Protection from personal liability
  237. 69A Transfer schemes: NHS trusts and NHS foundation trusts
  238. 70 Transfer of residual liabilities of certain health service bodies
  239. 71 Schemes for meeting losses and liabilities etc of certain health service bodies
  240. 72 Co-operation between NHS bodies
  241. 72A Exemption from Part 3 of the Enterprise Act 2002
  242. 73 Directions and regulations under this Part
  243. 73A Appointment of directors of public health
  244. 73B Exercise of public health functions of local authorities: further provision
  245. 73C Complaints about exercise of public health functions by local authorities
  246. 74 Supply of goods and services by local authorities
  247. 75 Arrangements between NHS bodies and local authorities
  248. 76 Power of local authorities to make payments
  249. 77 Care Trusts
  250. 78 Directed partnership arrangements
  251. 79 Further provision about directions and directed partnership arrangements
  252. 80 Supply of goods and services by the Secretary of State , NHS England and integrated care boards
  253. 81 Conditions of supply under section 80
  254. 82 Co-operation between NHS bodies and local authorities
  255. 83 Primary medical services
  256. 84. General medical services contracts: introductory
  257. 85 Requirement to provide certain primary medical services
  258. 86. Persons eligible to enter into GMS contracts
  259. 87. GMS contracts: payments
  260. 88 GMS contracts: prescription of drugs, etc
  261. 89 GMS contracts: other required terms
  262. 90 GMS contracts: disputes and enforcement
  263. 91 Persons performing primary medical services
  264. 92. Arrangements by the Board for the provision of primary medical services
  265. 93. Persons with whom agreements may be made under section 92
  266. 94 Regulations about section 92 arrangements
  267. 95 Transfer of liabilities relating to section 92 arrangements
  268. 96. Assistance and support: primary medical services
  269. 97. Local Medical Committees
  270. 98 Use of accommodation: provision of primary medical services
  271. 98A. Exercise of functions
  272. 99. Primary dental services
  273. 100 General dental services contracts: introductory
  274. 101 Requirement to provide certain primary dental services
  275. 102 Persons eligible to enter into GDS contracts
  276. 103 GDS contracts: payments
  277. 104 GDS contracts: other required terms
  278. 105 GDS contracts: disputes and enforcement
  279. 106 Persons performing primary dental services
  280. 107 Arrangements by the Board for the provision of primary dental services
  281. 108 Persons with whom agreements may be made under section 107
  282. 109 Regulations about section 107 arrangements
  283. 110 Transfer of liabilities relating to section 107 arrangements
  284. 111 Dental public health
  285. 112 Assistance and support: primary dental services
  286. 113 Local Dental Committees
  287. 114 Use of accommodation: provision of primary dental services
  288. 114A. Exercise of functions
  289. 115. Primary ophthalmic services
  290. 116 Regulations under section 115: supplementary
  291. 117 General ophthalmic services contracts: introductory
  292. 118 Persons eligible to enter into GOS contracts
  293. 119 Exclusion of contractors
  294. 120 GOS contracts: payments
  295. 121 GOS contracts: other required terms
  296. 122 GOS contracts: disputes and enforcement
  297. 123 Persons performing primary ophthalmic services
  298. 124 Assistance and support: primary ophthalmic services
  299. 125 Local Optical Committees
  300. 125A Exercise of functions
  301. 126 Arrangements for pharmaceutical services
  302. 127 Arrangements for additional pharmaceutical services
  303. 128 Terms and conditions, etc
  304. 128A Pharmaceutical needs assessments
  305. 129 Regulations as to pharmaceutical services
  306. 130 Regulations under section 129: appeals, etc
  307. 131 Power to charge
  308. 132 Persons authorised to provide pharmaceutical services
  309. 133 Inadequate provision of pharmaceutical services
  310. 134 Pilot schemes
  311. 135 Making pilot schemes
  312. 136 Designation of priority neighbourhoods or premises
  313. 137 Reviews of pilot schemes
  314. 138 Variation and termination of pilot schemes
  315. 139 NHS contracts and the provision of piloted services
  316. 140 Funding of preparatory work
  317. 141 Application of this Act
  318. 142 Premises from which piloted services may be provided
  319. 143 Control of entry regulations
  320. 144 Local pharmaceutical services schemes
  321. 145 Application of enactments
  322. 146 Persons performing local pharmaceutical services
  323. 147 Assistance and support: local pharmaceutical services
  324. 147A Performers of pharmaceutical services and assistants
  325. 147B Further provision about regulations under section 147A
  326. 148 Conditional inclusion in pharmaceutical lists
  327. 149 Supplementary lists
  328. 150 Further provision about regulations under section 149
  329. 150A Notices and penalties
  330. 151 Disqualification of practitioners
  331. 152 Contingent removal
  332. 153 Fraud and unsuitability cases: supplementary
  333. 154 Suspension
  334. 155 Suspension pending appeal
  335. 156 Effect of suspension
  336. 157 Review of decisions
  337. 158 Appeals
  338. 159 National disqualification
  339. 160 Notification of decisions
  340. 161 Withdrawal from lists
  341. 162 Regulations about decisions under this Chapter
  342. 163 Corresponding provisions in Scotland and Northern Ireland
  343. 164 Remuneration for persons providing pharmaceutical services
  344. 165 Section 164: supplementary
  345. 165A Pharmaceutical remuneration: further provision
  346. 166 Indemnity cover
  347. 167 Local Pharmaceutical Committees
  348. 168 Use of accommodation: provision of pharmaceutical services and local pharmaceutical services
  349. 168A Exercise of functions
  350. 169 Appeals to the First-tier Tribunal
  351. 170 FHSAA: financial provisions
  352. 171 Conditions of use of services of persons under section 169
  353. 172 Charges for drugs, medicines or appliances, or pharmaceutical services
  354. 173 Exemptions from general charging
  355. 174 Pre-payment certificates
  356. 175 Charges in respect of non-residents
  357. 176 Dental charging
  358. 177 Exemptions from dental charging
  359. 178 Charges, recovery of payments and penalties
  360. 179 Charges for optical appliances
  361. 180 Payments in respect of costs of optical appliances and sight tests
  362. 181 Section 180: supplementary
  363. 182 Remission and repayment of charges
  364. 183 Payment of travelling expenses
  365. 184 Sections 182 and 183: supplementary
  366. 185 Charges for more expensive supplies
  367. 186 Charges for repairs and replacements in certain cases
  368. 186A Charges in respect of public health functions
  369. 187 Charges for designated services or facilities
  370. 188 Sums otherwise payable to those providing services
  371. 189 Hospital accommodation on part payment
  372. 190 Expenses payable by employed patients
  373. 191 Recovery of charges
  374. 192 Recovery of charges and payments in relation to goods and services
  375. 193 Penalties relating to charges
  376. 194 Offences relating to charges
  377. 195 Compulsory disclosure of documents
  378. 196 Persons and bodies about which provision is made by this Part
  379. 197 Notice requiring production of documents
  380. 198 Production of documents
  381. 199 Delegation of functions
  382. 200 Code of practice relating to delegated functions
  383. 201 Disclosure of information
  384. 202 Protection of personal information disclosed for purposes of proceedings
  385. 203 Manner in which disclosure notice may be served
  386. 204 Offences in connection with production of documents
  387. 205 Offences relating to disclosure or use of information
  388. 206 Offences by bodies corporate etc
  389. 207 Offences committed by partnerships and other unincorporated associations
  390. 208 Penalties for offences under this Part: transitional modification
  391. 209 Orders and regulations under this Part
  392. 210 Interpretation of this Part
  393. 211 Acquisition, use and maintenance of property
  394. 212 Special trustees for a university hospital or teaching hospital
  395. 213 Transfers of trust property
  396. 214 Transfer of functions and property to or from Welsh special trustees
  397. 215 Trustees and property under section 222
  398. 216 Application of trust property: further provisions
  399. 217 Trusts: supplementary provisions
  400. 218 Private trusts for hospitals
  401. 219 Transferred property free of trusts
  402. 220 Trust property previously held for general hospital purposes
  403. 221 Voluntary hospitals
  404. 222 Power to raise money
  405. 223 Public-private partnerships
  406. 223A. Application of section 223 to integrated care boards
  407. 223B Funding of NHS England
  408. 223C. Financial duties of NHS England: expenditure
  409. 223CA NHS England: banking facilities
  410. 223D. Financial duties of NHS England: controls on total resource use
  411. 223E. Financial duties of NHS England: additional controls on resource use
  412. 223F Power to establish contingency fund
  413. 223G Means of meeting expenditure of integrated care boards out of public funds
  414. 223GA Expenditure on integration
  415. 223GB Power to impose financial requirements on integrated care boards
  416. 223GC Financial duties of integrated care boards: expenditure limits
  417. 223GD Integrated care boards: banking facilities
  418. 223H Financial duties of clinical commissioning groups: expenditure
  419. 223I Financial duties of clinical commissioning groups: use of resources
  420. 223J Financial duties of clinical commissioning groups: additional controls on resource use
  421. 223K Payments in respect of quality
  422. 223L Joint financial objectives for integrated care boards etc
  423. 223M Financial duties of integrated care boards etc: use of resources
  424. 223N Financial duties of integrated care boards etc: additional controls on resource use
  425. 223O Resources etc relevant to section 223D, 223E or 223M
  426. 224 Means of meeting expenditure of Strategic Health Authorities out of public funds
  427. 225 Means of meeting expenditure of Special Health Authorities out of public funds
  428. 226 Financial duties of ... Special Health Authorities
  429. 227 Resource limits for ... Special Health Authorities
  430. 228 Public funding of Primary Care Trusts
  431. 229 Financial duties of Primary Care Trusts
  432. 230 Resource limits for Primary Care Trusts
  433. 231 Further provision about the expenditure of Primary Care Trusts
  434. 232 Accounts and audit
  435. 233 Allowances for members of certain bodies
  436. 234 Special arrangement as to payment of remuneration
  437. 235 Superannuation of officers of certain hospitals
  438. 236 Payments for certain medical examinations
  439. 237 Establishment of Patients' Forums
  440. 238 Additional functions of PCT Patients' Forums
  441. 239 Entry and inspection of premises
  442. 240 Annual reports
  443. 241 Further provision about Patients' Forums
  444. 242 Public involvement and consultation
  445. 242A Strategic Health Authorities: further duty to involve users
  446. 242B Directions in cases where Strategic Health Authority arranges involvement
  447. 243 The Commission for Patient and Public Involvement in Health
  448. 244 Review and scrutiny by local authorities
  449. 245 Joint overview and scrutiny committees etc
  450. 246 Business relating to functions of local authorities by virtue of section 244: exempt information
  451. 247 Application to the City of London
  452. 247A Application to certain other local authorities without overview and scrutiny committees
  453. 247B Co-operation in relation to public health functions
  454. 247C Secretary of State's duty to keep health service functions under review
  455. 247D Secretary of State's annual report
  456. 248 Independent advocacy services
  457. 249 Joint working with the prison service
  458. 250 Secretary of State's standing advisory committees
  459. 250A National Information Governance Board: functions
  460. 250B National Information Governance Board: Wales
  461. 250C National Information Governance Board: further provisions.
  462. 250D National Information Governance Board: annual reports
  463. 251 Control of patient information
  464. 252 Consultation with the Care Quality Commission
  465. 252A Role of NHS England and integrated care boards in respect of emergencies
  466. 253 Emergency powers
  467. 254 Local social service authorities
  468. 254A
  469. 255 Supplies not readily obtainable
  470. 256 Power of NHS England or an integrated care board to make payments towards expenditure on community services
  471. 257 Payments in respect of voluntary organisations under section 256
  472. 258 University clinical teaching and research
  473. 259 Sale of medical practices
  474. 260 Control of maximum price of medical supplies other than health service medicines
  475. 261 Powers relating to voluntary schemes
  476. 262 Power to control prices
  477. 263 Statutory schemes
  478. 264 Statutory schemes: supplementary
  479. 264A Provision of information about health service products
  480. 264B Disclosure of information
  481. 264C Sections 264A and 264B: supplementary
  482. 265 Enforcement
  483. 266 Controls: supplementary
  484. 267 Permission for use of facilities in private practice
  485. 268 Persons displaced by health service development
  486. 269 Special notices of births and deaths
  487. 270 Provision of information by Registrar General
  488. 271 Territorial limit of exercise of functions
  489. 271A Services to be treated as services of the Crown for certain purposes
  490. 272 Orders, regulations, rules and directions
  491. 273 Further provision about orders and directions under this Act
  492. 274 Supplementary regulatory powers
  493. 275 Interpretation
  494. 275A References to functions: delegation etc
  495. 276 Index of defined expressions
  496. 277 Commencement
  497. 278 Short title, extent and application
  498. SCHEDULE A1 NHS England
  499. SCHEDULE 1 Further provision about the Secretary of State and services under this Act
  500. SCHEDULE 1ZA Patient choice: undertakings by integrated care boards
  501. SCHEDULE 1A Clinical commissioning groups
  502. SCHEDULE 1B Integrated care boards
  503. SCHEDULE 4 NHS trusts established under section 25
  504. SCHEDULE 5 Financial provision about NHS trusts established under section 25
  505. SCHEDULE 6 Special Health Authorities established under section 28
  506. SCHEDULE 7 Constitution of public benefit corporations
  507. SCHEDULE 10 Audit of accounts of NHS foundation trusts
  508. SCHEDULE 10A Intervention powers in relation to the reconfiguration of NHS services
  509. SCHEDULE 11 Pilot schemes
  510. SCHEDULE 12 LPS schemes
  511. SCHEDULE 12A Pharmaceutical remuneration
  512. SCHEDULE 16 The Commission for Patient and Public Involvement in Health
  513. SCHEDULE 17 Exempt information relating to health services
  514. SCHEDULE 18 Section 75 arrangements: transfer of staff
  515. SCHEDULE 21 Prohibition of sale of medical practices
  516. SCHEDULE 22 Control of maximum prices for medical supplies

Proposed changes to this act

No one has proposed a change to this act yet.

516 provisions

13UA Guidance about joint appointments

(1) NHS England may publish guidance for a relevant NHS body about the making of a joint appointment to which this section applies. (2) A joint appointment to which this section applies is an appointment of a person to a position in— (a) one or more relevant NHS commissioner and one or more relevant NHS provider, (b) one or more relevant NHS body and one or more local authority, ... (c) one or more relevant NHS body and one or more combined authority, or (d) one or more relevant NHS body and one or more combined county authority. (3) A relevant NHS body must have regard to guidance published under this section. (4) NHS England must consult such persons as NHS England considers appropriate— (a) before it first publishes guidance under this section, and (b) before it publishes any revised guidance containing changes that are, in the opinion of NHS England, significant. (5) In this section— “local authority” has the same meaning as in section 2B; “relevant NHS body” means— a relevant NHS commissioner; a relevant NHS provider; “relevant NHS commissioner” means— NHS England; an integrated care board; “relevant NHS provider” means— an NHS trust established under section 25; an NHS foundation trust.

Propose a change

13V Establishment of pooled funds

(1) NHS England and one or more integrated care boards may establish and maintain a pooled fund. (2) A pooled fund is a fund— (a) which is made up of contributions by the bodies which established it, and (b) out of which payments may be made, with the agreement of those bodies, towards expenditure incurred in the discharge of any of their commissioning functions. (3) In this section, “commissioning functions” means functions in arranging for the provision of services as part of the health service.

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13W NHS England’s power to generate income, etc.

(1) NHS England has power to do anything specified in section 7(2) of the Health and Medicines Act 1988 (provision of goods, services, etc.) for the purpose of making additional income available for improving the health service. (2) NHS England may exercise a power conferred by subsection (1) only to the extent that its exercise does not to any significant extent interfere with the performance by NHS England of its functions.

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13X Power to make grants etc.

(1) NHS England may make payments by way of grant or loan to a voluntary organisation which provides or arranges for the provision of services which are similar to the services in respect of which NHS England has functions. (2) The payments may be made subject to such terms and conditions as NHS England considers appropriate.

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13Y NHS England’s incidental powers: further provision

The power conferred on NHS England by section 2 includes, in particular, power to— (a) enter into agreements, (b) acquire and dispose of property, and (c) accept gifts (including property to be held on trust for the purposes of NHS England).

Propose a change

13YA Power of NHS England to provide assistance and support

(1) NHS England may provide assistance or support to— (a) any person providing or proposing to provide services as part of the health service; (b) any person, not within paragraph (a), exercising functions in relation to the health service. (c) any public authority, where the assistance or support is in relation to the education or training of health care workers. (1A) In subsection (1), “health care workers” means persons in relation to whom the Secretary of State’s duty under section 1F(1) is to be performed. (2) The assistance that may be provided under subsection (1) includes making available the services of NHS England’s employees or any other resources of NHS England. (3) The assistance that may be provided under subsection (1)(a) or (c), or that may be provided under subsection (1)(b) to integrated care boards, also includes financial assistance. (4) Assistance or support provided under this section may be provided on such terms, including terms as to payment, as NHS England considers appropriate. (5) In this section, a reference to a public authority— (a) includes a public authority in the Channel Islands or the Isle of Man, but (b) subject to that, does not include a reference to a public authority outside the United Kingdom.

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13YB Directions in respect of functions relating to provision of services

(1) NHS England may by direction provide for any of its relevant functions to be exercised by one or more integrated care boards. (2) In this section “relevant function” means— (a) any function of NHS England under section 3B(1) (commissioning functions); (b) any function of NHS England, not within paragraph (a), that relates to the provision of— (i) primary medical services, (ii) primary dental services, (iii) primary ophthalmic services, or (iv) services that may be provided as pharmaceutical services, or as local pharmaceutical services, under Part 7; (c) any function of NHS England by virtue of section 7A or 7B (exercise of Secretary of State’s public health functions); (d) any other functions of NHS England so far as exercisable in connection with any functions within paragraphs (a) to (c). (3) Regulations may— (a) provide that the power in subsection (1) does not apply, or applies only to a prescribed extent, in relation to a prescribed function; (b) impose conditions on the exercise of the power. (4) A direction under subsection (1) may include provision prohibiting or restricting the integrated care board from making delegation arrangements in relation to a function that is exercisable by it by virtue of the direction. (5) In subsection (4) “delegation arrangements” means arrangements made by a person for the exercise of a function by someone else. (6) NHS England may make payments to an integrated care board in respect of the exercise by it of a function by virtue of a direction under subsection (1). (7) NHS England may give directions to an integrated care board as to the exercise by it of any functions in pursuance of a direction under subsection (1). (8) As soon as reasonably practicable after giving a direction under subsection (1), NHS England must publish it. (9) Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by an integrated care board of any function by virtue of this section are enforceable by or against it (and no other person).

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13Z Exercise of functions

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13ZA Section 13Z: further provision in relation to devolved arrangements

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13ZB Section 13Z: arrangements in relation to the function under section 3B(1)(d)

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13ZC Secretary of State directions as to exercise of NHS England functions

(1) The Secretary of State may give NHS England directions as to the exercise of any of its functions. (2) The directions that may be given include a direction as to whether a power is to be exercised or not. (3) The directions that may be given include a direction as to— (a) when or how a function is, or is not, to be exercised; (b) conditions that must be met before a function is exercised (for example, conditions relating to the provision of information, consultation or approval); (c) matters to be taken into account in exercising a function. (4) For exceptions to the power to give directions under subsection (1), see section 13ZD. (5) A direction under subsection (1) must include a statement that the Secretary of State considers the direction to be in the public interest. (6) As soon as reasonably practicable after giving a direction under subsection (1), the Secretary of State must publish it. (7) The fact that the Secretary of State has a function under any other enactment in relation to NHS England’s exercise of functions is not to be read as limiting the power conferred by subsection (1). (8) The reference in subsection (7) to a function of the Secretary of State does not include a function of making subordinate legislation.

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13ZD Power to give directions: exceptions

(1) A direction under section 13ZC may not be given in relation to a function relating to the appointment or employment of a person. (2) A direction under section 13ZC may not be given in relation to a decision about the services to be provided to a particular individual for or in connection with the prevention, diagnosis or treatment of illness. (3) A direction under section 13ZC may not be given in relation to the provision of any drug, medicine or other treatment, or the use of any diagnostic technique, unless NICE has made a recommendation or issued guidance as to its clinical and cost effectiveness and the direction is not inconsistent with that recommendation or guidance.

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13ZE Compliance with directions: significant failure

(1) This section applies where— (a) NHS England is given a direction under section 13ZC, (b) the direction — (i) states that the Secretary of State considers that NHS England is failing or has failed to discharge any of its functions, and (ii) states that the Secretary of State considers that the failure is significant and explains why, (c) the direction states that it is given for the purposes of addressing that failure, and (d) NHS England fails to comply with the direction. (2) The Secretary of State may— (a) discharge the functions to which the direction relates, or (b) make arrangements for any other person to discharge them on the Secretary of State’s behalf. (3) Where the Secretary of State exercises the power under subsection (2), the Secretary of State must publish the reasons for doing so. (4) For the purpose of this section— (a) a failure to discharge a function includes a failure to discharge it properly, and (b) a failure to discharge a function properly includes a failure to discharge it consistently with what the Secretary of State considers to be the interests of the health service.

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13ZF Secretary of State directions to provide information

(1) The Secretary of State may direct NHS England to provide the Secretary of State with any documents or other information that may be specified in the direction. (2) The directions that may be given include a direction to provide documents or other information that NHS England would need to obtain from others in the exercise of some other power. (3) The directions may include provision as to— (a) the form or manner in which the documents or information must be provided; (b) the time at which or period within which the documents or information must be provided.

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13Z1 Power to confer additional functions on NHS England

(1) Regulations may provide that NHS England is to have such additional functions in relation to the health service as may be specified in the regulations. (2) A function may be specified in regulations under subsection (1) only if the function is connected to another function of NHS England.

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13Z2 Failure by the Board to discharge any of its functions

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13Z3 Permitted disclosures of information

(1) NHS England may disclose information obtained by it in the exercise of its functions if— (a) the information has previously been lawfully disclosed to the public, (b) the disclosure is made under or pursuant to regulations under section 113 or 114 of the Health and Social Care (Community Health and Standards) Act 2003 (complaints about health care or social services), (c) the disclosure is made in accordance with any enactment or court order, (d) the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual, (e) the disclosure is made to any person in circumstances where it is necessary or expedient for the person to have the information for the purpose of exercising functions of that person under any enactment, (f) the disclosure is made for the purpose of facilitating the exercise of any of NHS England’s functions, (g) the disclosure is made in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or (h) the disclosure is made for the purpose of criminal proceedings (whether or not in the United Kingdom). (2) Paragraphs (a) to (c) and (h) of subsection (1) have effect notwithstanding any rule of common law which would otherwise prohibit or restrict the disclosure.

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13Z4 Interpretation

(1) In this Chapter— “the health service” means the health service in England; “health services” means services provided as part of the health service and, in sections 13O and 13Q, also includes services that are to be provided as part of the health service. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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14G Mergers

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14Z25 Duty to establish integrated care boards

(1) NHS England must establish bodies called integrated care boards in accordance with this Chapter. (2) Each integrated care board is to be established by order made by NHS England for an area within England. (3) The area for which an integrated care board is established must not coincide or overlap with the area of any other integrated care board. (4) NHS England must ensure that, at all times on and after the appointed day, the areas of integrated care boards together cover the whole of England. (5) An order establishing an integrated care board must provide for the constitution of the board, either by setting out the constitution or by making provision by reference to a published document where it is set out. (6) In Schedule 1B— (a) Part 1 is about the constitution of an integrated care board (including its area); (b) Part 2 is about the status and powers of an integrated care board and its accounts. (7) Before varying or revoking an order under this section NHS England must consult any integrated care board that it considers likely to be affected. (8) NHS England must publish orders under this section. (9) In this section “the appointed day” means a day appointed under this subsection by regulations made by the Secretary of State.

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14Z26 Process for establishing initial integrated care boards

(1) NHS England must publish a list of the initial areas for which integrated care boards are to be established (each of which is referred to in this section as an “initial area”). (2) The relevant clinical commissioning group or groups for an initial area must propose the constitution of the first integrated care board to be established for that area. (3) Before making a proposal under subsection (2), the relevant clinical commissioning group or groups must consult any persons they consider it appropriate to consult (and it is immaterial for this purpose whether the consultation is carried out before or after this section comes into force). (4) When establishing the first integrated care board under section 14Z25 for an initial area, NHS England must give effect to any proposal under subsection (2) unless it considers that— (a) the proposal is inappropriate, or (b) the relevant clinical commissioning group or groups have not carried out an appropriate consultation under subsection (3), and in that case NHS England must determine the terms of the constitution itself. (5) Nothing in this section— (a) prevents NHS England from establishing the first integrated care board for an initial area in a case where the relevant clinical commissioning group or groups have failed within a reasonable period to make a proposal under subsection (2), or (b) limits the re-exercise of the power in section 14Z25. (6) NHS England may publish guidance for clinical commissioning groups about the exercise of their functions under this section. (7) A clinical commissioning group must have regard to guidance published under this section. (8) In this section “the relevant clinical commissioning group or groups” means— (a) in relation to an area that coincides with the area of a clinical commissioning group, that group; (b) in relation to an area that includes the whole or part of the area of more than one clinical commissioning group, those groups acting jointly.

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14Z27 Abolition of clinical commissioning groups

(1) Any clinical commissioning group in existence immediately before the appointed day is abolished at the beginning of that day. (2) In this section “the appointed day” has the same meaning as in section 14Z25.

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14Z28 Transfer schemes in connection with integrated care boards

(1) NHS England may, in connection with the abolition of a clinical commissioning group under section 14Z27, make a scheme for the transfer of the group’s property, rights or liabilities to NHS England or an integrated care board. (2) NHS England may, in connection with the establishment of an integrated care board, make a scheme for the transfer of property, rights or liabilities to the board from— (a) NHS England, (b) an NHS trust established under section 25, (c) an NHS foundation trust, or (d) a Special Health Authority established under section 28. (3) NHS England may, in connection with the variation of the constitution of an integrated care board or the abolition of an integrated care board, make a scheme for the transfer of the board’s property, rights or liabilities to NHS England or an integrated care board. (4) The reference in subsection (3) to the variation of the constitution of an integrated care board is to its variation by order under section 14Z25 or under provision included in its constitution by virtue of paragraph 14 of Schedule 1B. (5) NHS England must exercise its powers under subsection (1) or (3) so as to ensure that— (a) on the abolition of a clinical commissioning group whose area coincides with that of an integrated care board, all of the group’s property, rights and liabilities (other than criminal liabilities) are transferred to that board; (b) on the abolition of a clinical commissioning group whose area does not coincide with that of an integrated care board, all of the group’s property, rights and liabilities (other than criminal liabilities) are transferred to one or more integrated care boards; (c) on the abolition of an integrated care board, all of the board’s liabilities (other than criminal liabilities) are transferred. (6) The things that may be transferred under a transfer scheme include— (a) property, rights and liabilities that could not otherwise be transferred; (b) property acquired, and rights and liabilities arising, after the making of the scheme; (c) criminal liabilities. (7) A transfer scheme may— (a) create rights, or impose liabilities, in relation to property or rights transferred; (b) make provision about the continuing effect of things done by, on behalf of or in relation to the transferor in respect of anything transferred; (c) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred; (d) make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee; (e) make provision for the shared ownership or use of property; (f) make provision which is the same as or similar to the TUPE regulations; (g) make other consequential, supplementary, incidental or transitional provision. (8) A transfer scheme may provide— (a) for modifications by agreement; (b) for modifications to have effect from the date when the original scheme came into effect. (9) In subsection (7)(f), “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246). (10) In this section— (a) references to rights and liabilities include rights and liabilities relating to a contract of employment; (b) references to the transfer of property include the grant of a lease.

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14Z29 Duty for integrated care board to publish constitution

Each integrated care board must publish its constitution (as varied from time to time by order under section 14Z25 or under provision included in its constitution by virtue of paragraph 15 of Schedule 1B).

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14Z30 Register of interests and management of conflicts of interests

(1) Each integrated care board must maintain one or more registers of the interests of— (a) members of the board, (b) members of its committees or sub-committees, and (c) its employees. (2) Each integrated care board must publish the registers maintained under subsection (1) or make arrangements to ensure that members of the public have access to the registers on request. (3) Each integrated care board must make arrangements to ensure— (a) that a person mentioned in subsection (1) declares any conflict or potential conflict of interest that the person has in relation to a decision to be made in the exercise of the commissioning functions of the integrated care board, (b) that any such declaration is made as soon as practicable after the person becomes aware of the conflict or potential conflict and, in any event, within 28 days of the person becoming aware, and (c) that any such declaration is included in the registers maintained under subsection (1). (4) Each integrated care board must make arrangements for managing conflicts and potential conflicts of interest in such a way as to ensure that they do not, and do not appear to, affect the integrity of the board’s decision-making processes. (5) For the purposes of this section, the commissioning functions of an integrated care board are the functions of the board in arranging for the provision of services as part of the health service.

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14Z31 People for whom integrated care board has responsibility

(1) NHS England must from time to time publish rules for determining the group of people for whom each integrated care board has core responsibility. (2) The rules must ensure that the following are allocated to at least one group— (a) everyone who is provided with NHS primary medical services, and (b) everyone who is usually resident in England and is not provided with NHS primary medical services. (3) Regulations may create exceptions to subsection (2) in relation to people of a prescribed description (which may include a description framed by reference to the primary medical services with which the people are provided). (4) References in this Act to the group of people for whom an integrated care board has core responsibility are to be read in accordance with this section. (5) In this section, “NHS primary medical services” means services provided by a person, other than NHS England or an integrated care board, in pursuance of— (a) a general medical services contract to provide primary medical services of a prescribed description, (b) arrangements under section 83(2) for the provision of primary medical services of a prescribed description, or (c) section 92 arrangements for the provision of primary medical services of a prescribed description.

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14Z32 Duty to promote NHS Constitution

(1) Each integrated care board must, in the exercise of its functions— (a) act with a view to securing that health services are provided in a way which promotes the NHS Constitution, and (b) promote awareness of the NHS Constitution among patients, staff and members of the public. (2) In this section, “patients” and “staff” have the same meaning as in Chapter 1 of Part 1 of the Health Act 2009 (see section 3(7) of that Act).

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14Z33 Duty as to effectiveness, efficiency etc

Each integrated care board must exercise its functions effectively, efficiently and economically.

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14Z34 Duty as to improvement in quality of services

(1) Each integrated care board must exercise its functions with a view to securing continuous improvement in the quality of services provided to individuals for or in connection with the prevention, diagnosis or treatment of illness. (2) In discharging its duty under subsection (1), an integrated care board must, in particular, act with a view to securing continuous improvement in the outcomes that are achieved from the provision of the services. (3) The outcomes relevant for the purposes of subsection (2) include, in particular, outcomes which show— (a) the effectiveness of the services, (b) the safety of the services, and (c) the quality of the experience undergone by patients.

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14Z35 Duties as to reducing inequalities

Each integrated care board must, in the exercise of its functions, have regard to the need to— (a) reduce inequalities between persons with respect to their ability to access health services, and (b) reduce inequalities between patients with respect to the outcomes achieved for them by the provision of health services (including the outcomes described in section 14Z34(3)).

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14Z36 Duty to promote involvement of each patient

Each integrated care board must, in the exercise of its functions, promote the involvement of patients, and their carers and representatives (if any), in decisions which relate to— (a) the prevention or diagnosis of illness in the patients, or (b) their care or treatment.

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14Z37 Duty as to patient choice

Each integrated care board must, in the exercise of its functions, act with a view to enabling patients to make choices with respect to aspects of health services provided to them.

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14Z38 Duty to obtain appropriate advice

Each integrated care board must obtain advice appropriate for enabling it effectively to discharge its functions from persons who (taken together) have a broad range of professional expertise in— (a) the prevention, diagnosis or treatment of illness, and (b) the protection or improvement of public health.

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14Z39 Duty to promote innovation

Each integrated care board must, in the exercise of its functions, promote innovation in the provision of health services (including innovation in the arrangements made for their provision).

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14Z40 Duty in respect of research

Each integrated care board must, in the exercise of its functions, facilitate or otherwise promote— (a) research on matters relevant to the health service, and (b) the use in the health service of evidence obtained from research.

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14Z41 Duty to promote education and training

Each integrated care board must, in exercising its functions, have regard to the need to promote education and training for the persons mentioned in section 1F(1) so as to assist the Secretary of State and NHS England in the discharge of the duty under that section.

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14Z42 Duty to promote integration

(1) Each integrated care board must exercise its functions with a view to securing that health services are provided in an integrated way where it considers that this would— (a) improve the quality of those services (including the outcomes that are achieved from their provision), (b) reduce inequalities between persons with respect to their ability to access those services, or (c) reduce inequalities between persons with respect to the outcomes achieved for them by the provision of those services. (2) Each integrated care board must exercise its functions with a view to securing that the provision of health services is integrated with the provision of health-related services or social care services where it considers that this would— (a) improve the quality of the health services (including the outcomes that are achieved from the provision of those services), (b) reduce inequalities between persons with respect to their ability to access those services, or (c) reduce inequalities between persons with respect to the outcomes achieved for them by the provision of those services. (3) In this section— “health-related services” means services that may have an effect on the health of individuals but are not health services or social care services; “social care services” means services that are provided in pursuance of the social services functions of local authorities (within the meaning of the Local Authority Social Services Act 1970 or for the purposes of the Social Services and Well-being (Wales) Act 2014). (4) For the purposes of this section, the provision of housing accommodation is a health-related service.

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14Z43 Duty to have regard to wider effect of decisions

(1) In making a decision about the exercise of its functions, an integrated care board must have regard to all likely effects of the decision in relation to— (a) the health and well-being of the people of England; (b) the quality of services provided to individuals— (i) by relevant bodies, or (ii) in pursuance of arrangements made by relevant bodies, for or in connection with the prevention, diagnosis or treatment of illness, as part of the health service in England; (c) efficiency and sustainability in relation to the use of resources by relevant bodies for the purposes of the health service in England. (2) In subsection (1)— (a) the reference to a decision does not include a reference to a decision about the services to be provided to a particular individual for or in connection with the prevention, diagnosis or treatment of illness; (b) the reference to effects of a decision in relation to the health and well-being of the people of England includes a reference to its effects in relation to inequalities between the people of England with respect to their health and well-being; (c) the reference to effects of a decision in relation to the quality of services provided to individuals includes a reference to its effects in relation to inequalities between individuals with respect to the benefits that they can obtain from those services. (3) In discharging the duty under this section, integrated care boards must have regard to guidance published by NHS England under section 13NB. (4) In this section “relevant bodies” means— (a) NHS England, (b) integrated care boards, (c) NHS trusts established under section 25, and (d) NHS foundation trusts.

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14Z44 Duties as to climate change etc

(1) Each integrated care board must, in the exercise of its functions, have regard to the need to— (a) contribute towards compliance with— (i) section 1 of the Climate Change Act 2008 (UK net zero emissions target), and (ii) section 5 of the Environment Act 2021 (environmental targets), and (b) adapt to any current or predicted impacts of climate change identified in the most recent report under section 56 of the Climate Change Act 2008. (2) In discharging the duty under this section, integrated care boards must have regard to guidance published by NHS England under section 13ND.

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14Z45 Public involvement and consultation by integrated care boards

(1) This section applies in relation to any health services which are, or are to be, provided pursuant to arrangements made by an integrated care board in the exercise of its functions (“commissioning arrangements”). (2) The integrated care board must make arrangements to secure that individuals to whom the services are being or may be provided, and their carers and representatives (if any), are involved (whether by being consulted or provided with information or in other ways)— (a) in the planning of the commissioning arrangements by the integrated care board, (b) in the development and consideration of proposals by the integrated care board for changes in the commissioning arrangements where the implementation of the proposals would have an impact on— (i) the manner in which the services are delivered to the individuals (at the point when the service is received by them), or (ii) the range of health services available to them, and (c) in decisions of the integrated care board affecting the operation of the commissioning arrangements where the implementation of the decisions would (if made) have such an impact. (3) This section does not require an integrated care board to make arrangements in relation to matters to which a trust special administrator’s draft or final report under section 65F or 65I relates before— (a) in a case where the administrator’s report relates to an NHS trust, NHS England and the Secretary of State have made their decisions under section 65K(1) and (2), or (b) in a case where the administrator’s report relates to an NHS foundation trust, the Secretary of State is satisfied as mentioned in section 65KB(1) or 65KD(1) or makes a decision under section 65KD(9).

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