Legislation – Health and Social Care Act 2012
Changes to legislation:
Health and Social Care Act 2012, Section 138 is up to date with all changes known to be in force on or before 15 December 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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PART 3Regulation of health and adult social care services
CHAPTER 6Financial assistance in special administration cases
Charges on commissioners
138Power to impose charges on commissioners
F1(1)
The Secretary of State may by regulations confer power on NHS England to require integrated care boards to pay charges relating to such of NHS England’s regulatory functions as relate to securing the continued provision of health care services for the purposes of the NHS.
(1A)
(2)
The regulations must provide that the amount of a charge imposed by virtue of this section is to be such amount—
(a)
as may be prescribed, or
(b)
as is determined by reference to such criteria, and by using such method, as may be prescribed.
(3)
The regulations must—
(a)
prescribe to whom the charge is to be paid;
(b)
prescribe when the charge becomes payable;
(c)
where the amount of the charge is to be determined in accordance with subsection (2)(b), require F2NHS England to carry out consultation in accordance with the regulations before imposing the charge;
(d)
provide for any amount that is not paid by the time prescribed for the purposes of paragraph (b) to carry interest at the rate for the time being specified in section 18 of the Judgments Act 1838;
(e)
provide for any unpaid balance and accrued interest to be recoverable summarily as a civil debt (but for this not to affect any other method of recovery).
(4)
F4(5)
Before making regulations under this section, the Secretary of State must consult NHS England.
(6)
Regulations under this section may apply with modifications provision made by sections 141 to 143 in relation to charges imposed by virtue of this section.