Legislation – Health and Care Act 2022

“13SCProvision of regulatory information or assistance to the CMA

(1)

NHS England must give the Competition and Markets Authority (“the CMA”)—

(a)

any regulatory information that the CMA may require to enable the CMA to exercise its relevant functions,

(b)

any other regulatory information it considers would assist the CMA in exercising its relevant functions, and

(c)

any other assistance the CMA may require to assist the CMA in exercising its relevant functions.

(2)

In this section—

“regulatory information” means information held by NHS England in connection with—

(a)

its regulatory functions falling within section 13SB(2)(a) or (b), or

(b)

its functions under—

1. (i)

   sections 6F and Schedule 1ZA (patient choice: enforcement);

2. (ii)

   sections 27A and 27C (NHS trusts: oversight and support and recommendations about restructuring);

“relevant functions”, in relation to the CMA, means its functions under the Competition Act 1998 and the Enterprise Act 2002 so far as those functions are exercisable on behalf of the CMA by the CMA Board or a CMA group (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013).”