Legislation – Health and Social Care Act 2012
Changes to legislation:
Health and Social Care Act 2012, Section 114E 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
114EAmendments of the NHS payment scheme
(1)
NHS England may amend the NHS payment scheme during the period for which it has effect, provided that, in the opinion of NHS England, the amendments are not so significant as to require publication of a new edition of the NHS payment scheme.
(2)
In deciding whether the amendments are so significant as to require the publication of a new edition of the NHS payment scheme, NHS England must have regard to—
(a)
the proportion of integrated care boards that would be affected by the proposed amendments;
(b)
the proportion of relevant providers that would be affected by the proposed amendments;
(c)
the impact that the proposed amendments would have on integrated care boards and relevant providers that would be affected by them;
(d)
whether any integrated care boards or relevant providers would be disproportionately affected by the proposed amendments;
(e)
the amount of any increase or decrease in prices that would result from the proposed amendments.
(3)
If NHS England amends the NHS payment scheme, it must publish the NHS payment scheme as amended.
(4)
Before amending the NHS payment scheme, NHS England must, in accordance with subsections (5) to (7), consult the following about the proposed amendments—
(a)
any integrated care boards that would be affected by the proposed amendments;
(b)
any relevant providers that would be affected by the proposed amendments;
(c)
such other persons as NHS England considers appropriate.
(5)
NHS England must publish a notice specifying—
(a)
the proposed amendments, and
(b)
when the period within which representations may be made about the proposed amendments (“the consultation period”) will come to an end.
(6)
The consultation period is the period of 28 days beginning with the day after that on which the notice is published.
(7)
NHS England must send a copy of the notice to each of the persons to be consulted under subsection (4).