OpenLegislation

Section 6E Regulations as to the exercise of functions by NHS England or integrated care boardsF1F3F19

(1)

Regulations F2must impose requirements (to be known as “standing rules”) in accordance with this section on NHS England F4and on F5integrated care boards.

(F61A)

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 NHS England or F7integrated care boards, make provision—

(a)

requiring NHS England or integrated 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 NHS England or integrated 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;

F8(c)

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

(3)

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

(a)

requiring NHS England or F9an 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 NHS England or F10integrated care boards;

(b)

require NHS England to draft terms and conditions making provision for those matters;

(c)

require NHS England or F11integrated care boards to incorporate the terms and conditions drafted by virtue of paragraph (b) in commissioning contracts entered into by NHS England or (as the case may be) integrated care boards.

(5)

The regulations must—

(a)

require NHS England to draft such terms and conditions as NHS England considers are, or might be, appropriate for inclusion in commissioning contracts entered into by NHS England or F12integrated care boards (other than terms and conditions that NHS England is required to draft by virtue of subsection (4)(a));

(b)

authorise NHS England to require F13integrated care boards to incorporate terms and conditions prepared by virtue of paragraph (a) in their commissioning contracts;

(c)

authorise NHS England to draft model commissioning contracts.

(6)

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

(7)

The regulations may require NHS England or F14integrated 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;

F15(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 F16integrated 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 NHS England or F17integrated care boards, means contracts entered into by NHS England or (as the case may be) integrated care boards in the exercise of its or their commissioning functions;

(b)

“commissioning functions”, in relation to NHS England or F18integrated care boards, means the functions of NHS England or (as the case may be) integrated care boards in arranging for the provision of services as part of the health service;

(c)

“specified” means specified in the regulations.

Annotations

Textual amendments

F1

S. 6E inserted (27.3.2012 for specified purposes, 1.2.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 20(1), 306(1)(d)(4); S.I. 2012/2657, art. 2(4)

F2

Word in s. 6E(1) substituted (1.1.2024) by Health and Care Act 2022 (c. 31), ss. 78(2)(a)(i), 186(6); S.I. 2023/1431, reg. 3(a)

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

Word in s. 6E(1) substituted (1.1.2024) by Health and Care Act 2022 (c. 31), ss. 78(2)(a)(ii), 186(6); S.I. 2023/1431, reg. 3(a)

F5

Words in s. 6E(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 89(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F6

S. 6E(1A)(1B) inserted (1.1.2024) by Health and Care Act 2022 (c. 31), ss. 78(2)(b), 186(6); S.I. 2023/1431, reg. 3(a)

F7

Words in s. 6E(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 89(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F8

S. 6E(2)(c) omitted (1.1.2024) by virtue of Health and Care Act 2022 (c. 31), ss. 78(2)(c), 186(6); S.I. 2023/1431, reg. 3(a) (with reg. 5(1))

F9

Words in s. 6E(3)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 89(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F10

Words in s. 6E(4)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 89(5); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F11

Words in s. 6E(4)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 89(5); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F12

Words in s. 6E(5)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 89(5); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F13

Words in s. 6E(5)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 89(5); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F14

Words in s. 6E(7) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 89(5); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F15

S. 6E(7)(b) omitted (31.12.2020) by virtue of The National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/777), regs. 1(1), 3(f) (with reg. 15, Sch. 1) (as amended by S.I. 2020/1348, regs. 10-12);. 2020 c. 1, Sch. 5 para. 1(1)

F16

Words in s. 6E(8) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 89(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F17

Words in s. 6E(10)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 89(7); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F18

Words in s. 6E(10)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 89(7); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F19

Words in s. 6E heading substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 89(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Notes on Regulations as to the exercise of functions

Textual amendments

F1

S. 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)