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Section 223B Funding of NHS EnglandF1F2

England and Wales

(1)

The Secretary of State must pay to NHS England in respect of each financial year sums not exceeding the amount allotted for that year by the Secretary of State towards meeting the expenditure of NHS England which is attributable to the performance by it of its functions in that year.

(2)

An amount is allotted to NHS England for a financial year under this section when NHS England is notified in writing by the Secretary of State that the amount is allotted to it for that year.

(3)

The Secretary of State may make a new allotment under this section increasing or reducing the allotment previously so made only if—

(a)

NHS England agrees to the change,

(b)

a parliamentary general election takes place, or

(c)

the Secretary of State considers that there are exceptional circumstances that make a new allotment necessary.

(4)

The Secretary of State may give directions to NHS England with respect to the payment of sums by it to the Secretary of State in respect of charges or other sums referable to the valuation or disposal of assets.

(5)

Sums falling to be paid to NHS England under this section are payable subject to such conditions as to records, certificates or otherwise as the Secretary of State may determine.

(F3F46)

The Secretary of State may direct NHS England—

(a)

that an amount of the sums paid to it under this section in respect of a financial year is to be used for purposes relating to service integration;

(b)

about the use by NHS England of that amount for those purposes.

(7)

The amount referred to in F5subsection (6)(a)—

(a)

is to be determined in such manner as the Secretary of State considers appropriate, and

(b)

must be specified in the F6direction.

(F77A)

The power under subsection (6)(b) includes power to give NHS England directions about the exercise of any of its functions under or by virtue of section 223GA (including directions requiring consultation with the Secretary of State or other specified persons).

(7B)

The Secretary of State must publish any direction under subsection (6).

(8)

The reference in subsection (6) to service integration is a reference to the integration of the provision of health services with the provision of health-related services or social care services, as referred to in sections 13N and F814Z42.

Annotations

Textual amendments

F1

Ss. 223B-223F and cross-heading inserted (27.3.2012 for specified purposes, 1.10.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 24, 306(1)(d)(4); S.I. 2012/1831, art. 2(2); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F2

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)

F3

Ss. 223B(6)-(8) inserted (1.10.2014) by Care Act 2014 (c. 23), ss. 121(1), 127(1); S.I. 2014/2473, art. 6

F4

S. 223B(6) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 15(2)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F5

Words in s. 223B(7) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 15(2)(b)(i), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F6

Word in s. 223B(7)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 15(2)(b)(ii), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F7

S. 223B(7A)(7B) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 15(2)(c), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F8

Word in s. 223B(8) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 116; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)