OpenLegislation

Section 13A Mandate to NHS EnglandF1F11

(1)

F2... The Secretary of State must publish and lay before Parliament a document to be known as “the mandate”.

(2)

The Secretary of State must specify in the mandate—

(a)

the objectives that the Secretary of State considers F3NHS England should seek to achieve in the exercise of its functions F4..., and

(b)

any requirements that the Secretary of State considers it necessary to impose on NHS England for the purpose of ensuring that it achieves those objectives.

(F52A)

The objectives specified by the Secretary of State under subsection (2)(a) for NHS England must include objectives relating to outcomes for cancer patients, and those objectives are to be treated by NHS England as having priority over any other objectives relating specifically to cancer.

F6(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

The Secretary of State may also specify in the mandate the matters by reference to which the Secretary of State proposes to assess NHS England’s performanceF8....

(6)

The Secretary of State may not specify in the mandate an objective or requirement about the exercise of NHS England’s functions in relation to only one F9integrated care board.

(F106A)

The Secretary of State may revise the mandate.

(6B)

If the Secretary of State revises the mandate, the Secretary of State must publish and lay before Parliament the mandate as revised.

(7)

NHS England must—

(a)

seek to achieve the objectives specified in the mandate, and

(b)

comply with any requirements so specified.

(8)

Before specifying any objectives or requirements in the mandate, the Secretary of State must consult—

(a)

NHS England,

(b)

the Healthwatch England committee of the Care Quality Commission, and

(c)

such other persons as the Secretary of State considers appropriate.

(9)

Requirements included in the mandate have effect only if regulations so provide.

Annotations

Textual amendments

F1

Pt. 2 Ch. A1 inserted (27.3.2012 for specified purposes, 1.10.2012 for specified purposes, 1.2.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 23(1), 306(1)(d)(4); S.I. 2012/1831, art. 2(2) (with art. 4); S.I. 2012/2657, art. 2(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F2

Words in s. 13A(1) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 4(2)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F3

Words in Act substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F4

Words in s. 13A(2)(a) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 4(2)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F5

S. 13A(2A) inserted (14.6.2023) by Health and Care Act 2022 (c. 31), ss. 5(2), 186(6); S.I. 2023/648, reg. 2

F6

S. 13A(3) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 4(2)(c), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F7

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

F8

Words in s. 13A(5) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 4(2)(d), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F9

Words in s. 13A(6) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 96; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F10

S. 13A(6A)(6B) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 4(2)(e), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F11

Words in s. 13A heading substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 8; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)