Section 114D Objections to proposed NHS payment schemeF1

(1)

This section applies where—

(a)

within the consultation period under section 114C, NHS England receives objections to the proposed NHS payment scheme from one or more integrated care boards or relevant providers, and

(b)

either or both of the following apply—

(i)

the objection percentage for integrated care boards exceeds the prescribed percentage;

(ii)

the objection percentage for relevant providers exceeds the prescribed percentage.

(2)

In subsection (1)(b) the “objection percentage” is the proportion (expressed as a percentage) of integrated care boards or (as the case may be) relevant providers that objected.

(3)

NHS England must consult such persons as appear to NHS England to be representative of the integrated care boards or relevant providers from whom objections were received.

(4)

If, having complied with subsection (3)—

(a)

NHS England decides to make amendments of the proposed NHS payment scheme that are, in its opinion, significant, and

(b)

it would, in NHS England’s opinion, be unfair to make the amendments without further consultation,

NHS England must consult again under section 114C.

(5)

If, having complied with subsection (3), NHS England decides not to amend the proposed NHS payment scheme, it may publish the scheme but, before doing so, must—

(a)

publish a notice stating that decision and setting out the reasons for it, and

(b)

send a copy of the notice to—

(i)

the persons consulted under subsection (3), and

(ii)

the integrated care boards or relevant providers from whom objections were received.

Annotations

Textual amendments

F1: Pt. 3 Ch. 4 (ss. 114A-114F) substituted for Pt. 3 Ch. 4 (ss. 115-127) (1.7.2022 but only for the insertion of ss. 114C, 114D for specified purposes, 1.4.2023 in so far as not already in force) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 10 para. 3; S.I. 2022/734, reg. 2(b) (with regs. 13, 29, 30); S.I. 2023/371, reg. 2(d)