Part 2Health service bodies

F1CHAPTER A1F3NHS England

Annotations:
Amendments (Textual)
F1

Pt. 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)

F2Regulatory functions

Annotations:
Amendments (Textual)
F2

S. 13SB and cross-heading inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 34(2), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 19(1)(2), 29, 30)

13SBMinimising conflicts between regulatory and other functions

1

NHS England must make arrangements for—

a

minimising the risk of conflicts between the exercise of its regulatory functions and its other functions;

b

managing any conflicts that arise.

2

In this Act “regulatory functions”, in relation to NHS England, means—

a

its functions under the provisions listed in subsection (3),

b

its functions under Chapter 5A of Part 2 (trust special administrators) in relation to NHS foundation trusts, except for any functions that are conferred on it under section 65DA, 65F or 65G as a commissioner, and

c

any other functions of NHS England so far as exercisable in connection with functions within paragraph (a) or (b).

3

Those provisions are—

a

in Part 2 of this Act, Chapter 5 (NHS foundation trusts);

b

in Part 3 of the Health and Social Care Act 2012—

i

Chapter 3 (licensing);

ii

Chapter 4 (NHS payment scheme);

iii

Chapter 5 (health special administration);

iv

Chapter 6 (financial assistance in special administration cases).