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National Health Service Act 2006, Cross Heading: Secretary of State's mandate to the Board is up to date with all changes known to be in force on or before 19 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Textual Amendments
F1Pt. 2 Ch. A1 inserted (27.3.2012 for specified purposes, 1.10.2012 for specified purposes, 1.2.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 23(1), 306(1)(d)(4); S.I. 2012/1831, art. 2(2) (with art. 4); S.I. 2012/2657, art. 2(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
(1)Before the start of each financial year, the Secretary of State must publish and lay before Parliament a document to be known as “the mandate”.
(2)The Secretary of State must specify in the mandate—
(a)the objectives that the Secretary of State considers the Board should seek to achieve in the exercise of its functions during that financial year and such subsequent financial years as the Secretary of State considers appropriate, and
(b)any requirements that the Secretary of State considers it necessary to impose on the Board for the purpose of ensuring that it achieves those objectives.
(3)The Secretary of State must also specify in the mandate the amounts that the Secretary of State has decided to specify in relation to the financial year for the purposes of section 223D(2) and (3) (limits on capital and revenue resource use).
(4)The Secretary of State may specify in the mandate any proposals that the Secretary of State has as to the amounts that the Secretary of State will specify in relation to subsequent financial years for the purposes of section 223D(2) and (3).
(5)The Secretary of State may also specify in the mandate the matters by reference to which the Secretary of State proposes to assess the Board's performance in relation to the first financial year to which the mandate relates.
(6)The Secretary of State may not specify in the mandate an objective or requirement about the exercise of the Board's functions in relation to only one clinical commissioning group.
(7)The Board must—
(a)seek to achieve the objectives specified in the mandate, and
(b)comply with any requirements so specified.
(8)Before specifying any objectives or requirements in the mandate, the Secretary of State must consult—
(a)the Board,
(b)the Healthwatch England committee of the Care Quality Commission, and
(c)such other persons as the Secretary of State considers appropriate.
(9)Requirements included in the mandate have effect only if regulations so provide.
(1)The Secretary of State must keep the Board's performance in achieving any objectives or requirements specified in the mandate under review.
(2)If the Secretary of State varies the amount specified for the purposes of section 223D(2) or (3), the Secretary of State must revise the mandate accordingly.
(3)The Secretary of State may make any other revision to the mandate only if—
(a)the Board agrees to the revision,
(b)a parliamentary general election takes place, or
(c)the Secretary of State considers that there are exceptional circumstances that make the revision necessary.
(4)Revisions to the mandate which consist of adding, omitting or modifying requirements have effect only if regulations so provide.
(5)If the Secretary of State revises the mandate, the Secretary of State must—
(a)publish the mandate (as so revised), and
(b)lay it before Parliament, together with an explanation of the reasons for making the revision.]
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