Part 1E+WPromotion and provision of the health service in England

[F1Regulations as to the exercise of functions]E+W

Textual Amendments

F1S. 6C and cross-heading inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 18(1), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

[F26ERegulations as to the exercise of functions by [F3NHS England] or [F4integrated care boards]E+W

(1)Regulations [F5must] impose requirements (to be known as “standing rules”) in accordance with this section on [F3NHS England] [F6and] on [F7integrated care boards].

[F8(1A)The regulations must make provision as to the arrangements that NHS England and integrated care boards must make, in exercising their commissioning functions, for enabling persons to whom specified treatments or other specified services are to be provided to make choices with respect to specified aspects of them.

(1B)The regulations may make other provision for the purpose of securing that, in exercising their commissioning functions, NHS England and integrated care boards protect and promote the rights of persons to make choices in relation to treatments or other services, where those rights—

(a)arise by virtue of regulations under subsection (1A), or

(b)are described in the NHS Constitution.]

(2)The regulations may, in relation to the commissioning functions of [F3NHS England] or [F9integrated care boards], make provision—

(a)requiring [F3NHS England] or [F9integrated care boards] to arrange for specified treatments or other specified services to be provided or to be provided in a specified manner or within a specified period;

(b)as to the arrangements that [F3NHS England] or [F9integrated care boards] must make for the purpose of making decisions as to—

(i)the treatments or other services that are to be provided;

(ii)the manner in which or period within which specified treatments or other specified services are to be provided;

(iii)the persons to whom specified treatments or other specified services are to be provided;

F10(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Regulations by virtue of paragraph (b) of subsection (2) may, in particular, make provision—

(a)requiring [F3NHS England] or [F11an integrated care board] to take specified steps before making decisions as to the matters mentioned in that paragraph;

(b)as to reviews of, or appeals from, such decisions.

(4)The regulations may—

(a)specify matters for which provision must be made in commissioning contracts entered into by [F3NHS England] or [F12integrated care boards];

(b)require [F3NHS England] to draft terms and conditions making provision for those matters;

(c)require [F3NHS England] or [F13integrated care boards] to incorporate the terms and conditions drafted by virtue of paragraph (b) in commissioning contracts entered into by [F3NHS England] or (as the case may be) [F13integrated care boards].

(5)The regulations must—

(a)require [F3NHS England] to draft such terms and conditions as [F3NHS England] considers are, or might be, appropriate for inclusion in commissioning contracts entered into by [F3NHS England] or [F14integrated care boards] (other than terms and conditions that [F3NHS England] is required to draft by virtue of subsection (4)(a));

(b)authorise [F3NHS England] to require [F15integrated care boards] to incorporate terms and conditions prepared by virtue of paragraph (a) in their commissioning contracts;

(c)authorise [F3NHS England] to draft model commissioning contracts.

(6)The regulations may require [F3NHS England] to consult prescribed persons before exercising any of its functions by virtue of subsection (4)(b) or (5).

(7)The regulations may require [F3NHS England] or [F16integrated care boards] in the exercise of any of its or their functions—

(a)to provide information of a specified description to specified persons in a specified manner;

F17(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)to do such other things as the Secretary of State considers necessary for the purposes of the health service.

(8)The regulations may not impose a requirement on only one [F18integrated care board].

(9)If regulations under this section are made so as to come into force on a day other than 1 April, the Secretary of State must—

(a)publish a statement explaining the reasons for making the regulations so as to come into force on such a day, and

(b)lay the statement before Parliament.

(10)In this section—

(a)“commissioning contracts”, in relation to [F3NHS England] or [F19integrated care boards], means contracts entered into by [F3NHS England] or (as the case may be) [F19integrated care boards] in the exercise of its or their commissioning functions;

(b)“commissioning functions”, in relation to [F3NHS England] or [F20integrated care boards], means the functions of [F3NHS England] or (as the case may be) [F20integrated care boards] in arranging for the provision of services as part of the health service;