PART 1Health service in England: integration, collaboration and other changes

Merger of NHS bodies etc

I2I134Exercise by NHS England of new regulatory functions

1

The National Heath Service Act 2006 is amended as follows.

2

After section 13SA (inserted by section 11 of this Act) insert—

Regulatory functions

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).

3

In section 13U (annual report), after subsection (2) insert—

2A

The annual report must include a statement explaining what NHS England has done, during the financial year, to comply with its duties under section 13SB.

4

In section 275 (interpretation), in subsection (1), at the appropriate place insert—

  • “regulatory functions”, in relation to NHS England, has the meaning given by section 13SB,