Legislation – Health and Care Act 2022

“Regulatory functions

13SBMinimising conflicts between regulatory and other functions

(1)

NHS England must make arrangements for—

(a)

minimising the risk of conflicts between the exercise of its regulatory functions and its other functions;

(b)

managing any conflicts that arise.

(2)

In this Act “regulatory functions”, in relation to NHS England, means—

(a)

its functions under the provisions listed in subsection (3),

(b)

its functions under Chapter 5A of Part 2 (trust special administrators) in relation to NHS foundation trusts, except for any functions that are conferred on it under section 65DA, 65F or 65G as a commissioner, and

(c)

any other functions of NHS England so far as exercisable in connection with functions within paragraph (a) or (b).

(3)

Those provisions are—

(a)

in Part 2 of this Act, Chapter 5 (NHS foundation trusts);

(b)

in Part 3 of the Health and Social Care Act 2012—

(i)

Chapter 3 (licensing);

(ii)

Chapter 4 (NHS payment scheme);

(iii)

Chapter 5 (health special administration);

(iv)

Chapter 6 (financial assistance in special administration cases).”

“(2A)

The annual report must include a statement explaining what NHS England has done, during the financial year, to comply with its duties under section 13SB.”

““regulatory functions”, in relation to NHS England, has the meaning given by section 13SB,”.