National Health Service Act 2006

43 [F1 Provision of goods and services] E+W

[F2 (1) The principal purpose of an NHS foundation trust is the provision of goods and services for the purposes of the health service in England.]

[F2 (2) An NHS foundation trust may provide goods and services for any purposes related to—

(a) the provision of services provided to individuals for or in connection with the prevention, diagnosis or treatment of illness, and

(b) the promotion and protection of public health.]

[F2 (2A) An NHS foundation trust does not fulfil its principal purpose unless, in each financial year, its total income from the provision of goods and services for the purposes of the health service in England is greater than its total income from the provision of goods and services for any other purposes.]

(3) [F3 An] NHS foundation trust may also carry on activities other than those mentioned in [F4 subsection (2)] F5 ... for the purpose of making additional income available in order better to carry on its principal purpose.

[F6 (3A) Each annual report prepared by an NHS foundation trust must give information on the impact that income received by the trust otherwise than from the provision of goods and services for the purposes of the health service in England has had on the provision by the trust of goods and services for those purposes.

F7 (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3D) An NHS foundation trust which proposes to increase by 5% or more the proportion of its total income in any financial year attributable to activities other than the provision of goods and services for the purposes of the health service in England may implement the proposal only if more than half of the members of the council of governors of the trust voting approve its implementation.]

F9 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 43 title substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 164(5), 306(4); S.I. 2013/671, art. 2(3)

F2 S. 43(1)-(2A) substituted for s. 43(1)(2) (1.10.2012) by Health and Social Care Act 2012 (c. 7), ss. 164(1), 306(4); S.I. 2012/1831, art. 2(2)

F3 Word in s. 43(3) substituted (1.10.2012) by Health and Social Care Act 2012 (c. 7), ss. 164(2)(a), 306(4); S.I. 2012/1831, art. 2(2)

F4 Words in s. 43(3) substituted (1.10.2012) by Health and Social Care Act 2012 (c. 7), ss. 164(2)(b), 306(4); S.I. 2012/1831, art. 2(2)

F5 Words in s. 43(3) omitted (1.10.2012) by virtue of Health and Social Care Act 2012 (c. 7), ss. 164(2)(c), 306(4); S.I. 2012/1831, art. 2(2)

F6 S. 43(3A)-(3D) inserted (1.10.2012) by Health and Social Care Act 2012 (c. 7), ss. 164(3), 306(4); S.I. 2012/1831, art. 2(2)

F7 S. 43(3B) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 63(1)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 17, 29)

F8 S. 43(3C) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 63(1)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 17, 29)

F9 S. 43(4)-(7) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 164(4), 306(4); S.I. 2013/671, art. 2(3)