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PART 3U.K.Health

CHAPTER 1U.K.[F1The Education and Training Functions of NHS England]

Textual Amendments

EstablishmentU.K.

F296Health Education EnglandU.K.

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Textual Amendments

National functionsE+W

97Planning education and training for health care workers etc.E+W

(1)[F3NHS England] must perform on behalf of the Secretary of State the duty under section 1F(1) of the National Health Service Act 2006 (planning and delivery of education and training), so far as that duty applies to the functions of the Secretary of State under—

(a)section 63(1) and (5) of the Health Services and Public Health Act 1968 (instruction for officers of hospital authorities etc.),

(b)section 258(1) of the National Health Service Act 2006 (university clinical teaching and research), and

(c)such other of the enactments listed in section 1F(3) of that Act as regulations may specify.

(2)Regulations may—

(a)provide for the duty under section 1F(1) of the National Health Service Act 2006 to apply to such other functions of the Secretary of State as are specified; and

(b)impose on [F4NHS England] a duty to perform the duty as it applies as a result of provision made under paragraph (a).

(3)Regulations may provide that the duty under subsection (1) or a duty imposed under subsection (2) may only be performed, or may not be performed, in relation to persons of a specified description.

F5(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Regulations may give [F6NHS England] further functions relating to education and training for health care workers.

(6)[F7NHS England] may, with the consent of the Secretary of State, carry out other activities relating to—

(a)education and training for health care workers;

(b)the provision of information and advice on careers in the health service.

(7)After section 63(6) of the Health Services and Public Health Act 1968 insert—

“(6A)The Secretary of State may make such other payments as the Secretary of State considers appropriate to persons availing themselves of such instruction in England.

(6B)The Secretary of State may make a payment under subsection (6)(b) or (6A) subject to such terms and conditions as the Secretary of State decides; and the Secretary of State's power to make such a payment includes power to suspend or terminate the payment, or to require repayment, in such circumstances as the Secretary of State decides.”

(8)The power of the Secretary of State under section 63(6) or (6A) of the Health Services and Public Health Act 1968 is exercisable concurrently with [F8NHS England]; but, in exercising the power, [F8NHS England] must have regard to any guidance or other information issued by the Secretary of State about its exercise.

(9)“Health care workers” means persons in relation to whom [F9NHS England’s] duty under section 1F(1) of the National Health Service Act 2006 is to be performed.

Textual Amendments

Commencement Information

I1S. 97 (1)-(6)(8)(9) in force at 1.4.2015 by S.I. 2014/3186, art. 2(a)

I2S. 97(7) in force at 1.10.2014 by S.I. 2014/2473, art. 4(2)(a)

98Ensuring sufficient skilled health care workers for the health serviceE+W

(1)[F10NHS England] must exercise its functions [F11under this Chapter] with a view to ensuring that a sufficient number of persons with the skills and training to work as health care workers for the purposes of the health service is available to do so throughout England.

(2)Regulations may provide that the duty under subsection (1) may only be performed, or may not be performed, in relation to persons of a specified description.

Textual Amendments

Commencement Information

I3S. 98 in force at 1.4.2015 by S.I. 2014/3186, art. 2(b)

99Quality improvement in education and training, etc.E+W

(1)[F12NHS England] must exercise its functions [F13under this Chapter] with a view to securing continuous improvement—

(a)in the quality of education and training provided for health care workers;

F14(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)[F17NHS England] must exercise its functions [F18under this Chapter] with a view to securing that education and training for health care workers is provided in a way which promotes the NHS Constitution.

F19(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)“NHS Constitution” has the meaning given by section 1(1) of the Health Act 2009.

Textual Amendments

Commencement Information

I4S. 99 in force at 1.4.2015 by S.I. 2014/3186, art. 2(b)

100Objectives, priorities and outcomesE+W

F20(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21(2)The Secretary of State must publish a document (called the “Education Outcomes Framework”) setting outcomes for NHS England to achieve in relation to the education and training to be provided for health care workers.

(2A)In setting those outcomes, the Secretary of State must have regard to any objectives that are specified in the mandate published under section 13A of the National Health Service Act 2006 and that relate to the education and training of health care workers.]

(3)The Secretary of State—

(a)may revise a document published under subsection F22... (2), and

(b)if the Secretary of State does so, must publish it as revised.

[F23(4)NHS England must publish a document which—

(a)specifies—

(i)the objectives and priorities that NHS England has set, for the period specified in the document, for the planning and delivery of education and training for health care workers, and

(ii)how it proposes to achieve those objectives,

(b)specifies—

(i)the outcomes that NHS England expects to achieve in relation to the education and training of health care workers during that period having regard to those objectives and priorities, and

(ii)how it proposes to achieve those outcomes, and

(c)specifies how NHS England proposes to achieve the outcomes set by the Secretary of State in accordance with subsection (2).]

(5)In performing the duty under subsection (4), [F24NHS England] must have regard, in particular, to its objectives in the longer term in relation to the planning and delivery of education and training to health care workers.

(6)[F25NHS England] must ensure that the objectives, priorities and outcomes specified for the purposes of subsection (4)(a) and (b) are consistent with those specified for the purposes of [F26subsection (2) and any objectives specified for it in the mandate published under section 13A of the National Health Service Act 2006 that relate to the education and training of health care workers] .

(7)A document under subsection (4) may specify different periods in relation to different categories of health care worker.

(8)[F27NHS England] must, before the end of 12 months beginning with the date on which a document under subsection (4) is published—

(a)review the document, and,

(b)if [F27NHS England] revises it, publish it as revised.

(9)[F28NHS England] may perform the duty under subsection (4) by publishing two or more documents which, taken together, comply with that subsection.

(10)[F29NHS England] must seek to achieve the objectives and outcomes and to reflect the priorities specified in any document—

(a)published by the Secretary of State under subsection F30... (2) or (3);

(b)published by [F29NHS England] under subsection (4) or (8).

Textual Amendments

Commencement Information

I5S. 100 in force at 1.4.2015 by S.I. 2014/3186, art. 2(b)

101Sections 98 and 100: matters to which [F31NHS England] must have regardE+W

(1)In performing the duty under section 98(1) (ensuring sufficient skilled workers for the health service) or the duty under section 100(4) (setting objectives, priorities and outcomes for education and training), [F32NHS England] must have regard to the following matters in particular—

(a)the likely future demand for health services and for persons with the skills and training to work as health care workers for the purposes of the health service,

(b)the sustainability of the supply of persons with the skills and training to work as such,

(c)the priorities that providers of health services have for the education and training of persons wishing to work as such,

F33(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)the objectives of the Secretary of State in exercising public health functions (as defined by section 1H of that Act),

F34(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)documents published by the Secretary of State under [F35section 100(2) or (3)],

(h)the desirability of promoting the integration of health provision with health-related provision and care and support provision,

(i)the desirability of enabling health care workers to switch between different posts relating to health provision, health-related provision or care and support provision, and

(j)such other matters as regulations may specify.

[F36(2)In subsection (1)—

Textual Amendments

Commencement Information

I6S. 101 in force at 1.4.2015 by S.I. 2014/3186, art. 2(b)

102AdviceE+W

(1)[F37NHS England] must make arrangements for obtaining advice on the exercise of its functions [F38under this Chapter] from persons who are involved in, or who [F37NHS England] thinks otherwise have an interest in, the provision of education and training for health care workers.

(2)[F39NHS England] must seek to ensure that it receives representations from the following, in particular, under the arrangements it makes under subsection (1)—

(a)persons who provide health services;

(b)persons to whom health services are provided;

(c)carers for persons to whom health services are provided;

(d)health care workers;

(e)bodies which regulate health care workers;

(f)persons who provide, or contribute to the provision of, education and training for health care workers.

(3)[F40NHS England] may perform a duty under subsection (2) by seeking to ensure that it receives representations from organisations which represent the persons referred to in the paragraph in question.

(4)[F41NHS England] must advise the Secretary of State on such matters relating to its functions [F42under this Chapter] as the Secretary of State may request; and a request under this subsection may specify how and when the advice is to be provided.

(5)“Carer” means an adult who provides or intends to provide care for another person.

Textual Amendments

Commencement Information

I7S. 102 in force at 1.4.2015 by S.I. 2014/3186, art. 2(b)

F43...E+W

Textual Amendments

F43Ss. 103-107 and cross-heading omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 90(4), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

103Local Education and Training BoardsE+W

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104LETBs: appointment etc.E+W

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105LETBs: co-operation by providers of health servicesE+W

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106Education and training plansE+W

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107Commissioning education and trainingE+W

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TariffsE+W

108TariffsE+W

(1)The Secretary of State may specify a tariff setting approved prices in respect of education and training.

(2)The approved prices may be different for different descriptions of education and training (and may in particular be different for different areas).

(3)A tariff specified under subsection (1) must be published.

(4)If a tariff is specified under subsection (1), the Secretary of State may also specify a procedure for varying the approved prices in particular cases or descriptions of cases.

(5)If the Secretary of State does so, the procedure—

(a)must be published, and

(b)must require a price as varied under the procedure to be published.

(6)A published tariff or variation procedure may be revised or revoked by the Secretary of State.

(7)If a tariff or variation procedure is revised, the Secretary of State must publish it as revised.

(8)If it is revoked, the Secretary of State must publish a statement to that effect.

(9)Where a tariff sets an approved price for a particular description of education or training, payments made by F44... [F45NHS England] in respect of the provision of that description of education or training must be made—

(a)by reference to the approved price, or

(b)where the approved price has been varied in accordance with a variation procedure that has effect in relation to it, by reference to the price as varied.

Textual Amendments

Commencement Information

I8S. 108 in force at 1.4.2015 by S.I. 2014/3186, art. 2(d)