Legislation – Health and Social Care Act 2012
Changes to legislation:
Health and Social Care Act 2012, Section 114C is up to date with all changes known to be in force on or before 14 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
F1CHAPTER 4The NHS payment scheme
114CThe NHS payment scheme: impact assessment and consultation
(1)
Before publishing the NHS payment scheme, NHS England must—
(a)
carry out an assessment of the likely impact of the proposed scheme, or
(b)
publish a statement setting out its reasons for concluding that such assessment is not needed.
(2)
Before publishing the NHS payment scheme, NHS England must consult the following—
(a)
each integrated care board;
(b)
each relevant provider;
(c)
such other persons as NHS England considers appropriate.
(3)
NHS England must give those persons a notice—
(a)
describing the proposed NHS payment scheme,
(b)
setting out any impact assessment carried out under subsection (1)(a), and
(c)
specifying when the period within which representations may be made about the proposed NHS payment scheme (“the consultation period”) will come to an end.
(4)
The consultation period is the period of 28 days beginning with the day after that on which the notice is published.
(5)
NHS England must publish the notice given under subsection (3).
(6)
If, having consulted under this section—
(a)
NHS England decides to make amendments of the proposed NHS payment scheme that are, in its opinion, significant, and
(b)
it would, in NHS England’s opinion, be unfair to make the amendments without further consultation,
NHS England must consult again under this section.
(7)
Subsection (6) does not apply where section 114D applies.
(8)
In this section “relevant provider” means—
(a)
a licence holder, or
(b)
another person, of a prescribed description, that provides—
(i)
health care services for the purposes of the NHS, or
(ii)
services in pursuance of arrangements made by NHS England or an integrated care board by virtue of section 7A or 7B of the National Health Service Act 2006 (Secretary of State’s public health functions).