8NHS England: wider effect of decisionsE+W
After section 13N of the National Health Service Act 2006 insert—
“13NADuty to have regard to wider effect of decisions
(1)In making a decision about the exercise of its functions, NHS England 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 England must have regard to guidance published by it 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.
13NBGuidance about discharge of duty
(1)NHS England may publish guidance about the discharge of—
(a)the duty imposed on it by section 13NA;
(b)the duty imposed on integrated care boards by section 14Z43;
(c)the duty imposed on NHS trusts by section 26A;
(d)the duty imposed on NHS foundation trusts by section 63A.
(2)NHS England must consult any persons NHS England considers it appropriate to consult—
(a)before first publishing guidance under this section, and
(b)before publishing any revised guidance containing changes that are, in the opinion of NHS England, significant.”