National Health Service Act 2006

Chapter 3 E+W NHS trusts

25 NHS trusts E+W

(1) The Secretary of State may by order establish bodies, called National Health Service trusts (“NHS trusts”), to provide goods and services for the purposes of the health service.

(2) An order under subsection (1) is referred to in this Act as “an NHS trust order”.

(3) No NHS trust order may be made until after the completion of such consultation as may be prescribed.

(4) Schedule 4 makes further provision about NHS trusts.

26 General duty of NHS trusts E+W

An NHS trust must exercise its functions effectively, efficiently and economically.

[F1 26A Duty to have regard to wider effect of decisions E+W

(1) In making a decision about the exercise of its functions, an NHS trust established under section 25 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, NHS trusts 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.]

Textual Amendments

F1 S. 26A inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 52, 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[F2 26B Duties in relation to climate change etc E+W

(1) An NHS trust established under section 25 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, NHS trusts must have regard to guidance published by NHS England under section 13ND.]

Textual Amendments

F2 S. 26B inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 53, 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

27 Financial provisions relating to NHS trusts E+W

Schedule 5 makes provision about the financing of NHS trusts.

[F3 27A Oversight and support of NHS trusts E+W

NHS England must—

(a) monitor NHS trusts established under section 25 in the carrying out of their functions, and

(b) provide such advice, guidance or other support as it considers appropriate to help NHS trusts established under section 25 in the carrying out of their functions.]

Textual Amendments

F3 S. 27A inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 54(2), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29)

[F4 27B NHS England’s directions to NHS trusts E+W

(1) NHS England may give directions to an NHS trust established under section 25 about its exercise of any functions.

(2) In so far as a direction under this section conflicts with a direction under section 8 or paragraph 25(3) of Schedule 4, it is of no effect.]

Textual Amendments

F4 S. 27B inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 55(2), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[F5 27C Recommendations about restructuring E+W

(1) NHS England may—

(a) make recommendations to NHS trusts for or in connection with the making of restructuring applications;

(b) take such other steps as it considers appropriate to facilitate restructuring applications involving NHS trusts.

(2) In this section “restructuring application”, in relation to an NHS trust, means an application by the NHS trust under—

(a) section 56 (mergers involving NHS foundation trusts);

(b) section 56A (acquisitions by NHS foundation trusts);

(c) section 69A (transfer of property etc between NHS bodies);

(d) paragraph 28 of Schedule 4 (dissolution of NHS trusts).]

Textual Amendments

F5 S. 27C inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 56, 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[F6 27D Intervention in NHS trusts: recommendations etc by NHS England E+W

(1) If NHS England considers that Secretary of State ought to make an order under section 66(2) or 68(2) in relation to an NHS trust established under section 25, NHS England must—

(a) make a recommendation to that effect,

(b) set out its reasons for the recommendation, and

(c) make any recommendations it considers appropriate as to the contents of the order.

(2) NHS England must make any inquiries, and provide any other assistance, that the Secretary of State may require in connection with deciding whether to make an order under section 66(2) or 68(2) in relation to an NHS trust established under section 25 and, if so, on what terms.]

Textual Amendments

F6 S. 27D inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 57, 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)