National Health Service Act 2006

Chapter 5 E+W Formation of companies

223 Public-private partnerships E+W

(1) The Secretary of State [F1 or [F2 NHS England]] may form, or participate in forming, companies to provide facilities or services to persons or bodies exercising functions, or otherwise providing services, under this Act.

(2) The Secretary of State [F3 or [F2 NHS England]] may, with a view to securing or facilitating the provision by companies of facilities or services to persons or bodies falling within subsection (1)—

(a) invest in the companies (whether by acquiring assets, securities or rights or otherwise), or

(b) provide loans and guarantees and make other kinds of financial provision to or in respect of them,

or both.

(3) For the purposes of subsections (1) and (2) it is immaterial that the facilities or services provided or to be provided by the companies in question are not provided or to be provided—

(a) only to persons or bodies falling within subsection (1), or

(b) to persons or bodies falling within subsection (1) only in their capacities as persons or bodies such as are mentioned in that provision.

(4) “Companies” means companies [F4 as defined in section 1(1) of the Companies Act 2006] (c. 6).

(5) This section does not affect any powers of the Secretary of State [F5 or [F2 NHS England]] exercisable otherwise than by virtue of this section.

Textual Amendments

F1 Words in s. 223(1) inserted (1.10.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 117(1); S.I. 2012/1831, art. 2(2)

F2 Words in Act substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F3 Words in s. 223(2) inserted (1.10.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 117(1); S.I. 2012/1831, art. 2(2)

F4 Words in s. 223(4) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 258(2) (with art. 10)

F5 Words in s. 223(5) inserted (1.10.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 117(1); S.I. 2012/1831, art. 2(2)

[F6 223A. Application of section 223 to integrated care boards E+W

(1) Section 223 applies in relation to an integrated care board as it applies in relation to NHS England.

(2) But the powers conferred by that section are exercisable by an integrated care board only for the purpose of securing improvement—

(a) in the physical and mental health of the group of people for whom it has core responsibility (see section 14Z31), or

(b) in the prevention, diagnosis and treatment of illness in such people.]

Textual Amendments

F6 S. 223A substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 115; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)