National Health Service Act 2006

Changes over time for: Section 6E

Alternative versions:

Changes to legislation:

National Health Service Act 2006, Section 6E is up to date with all changes known to be in force on or before 01 May 2024. 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.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 3B(1)(aa) inserted by 2022 c. 31 Sch. 3 para. 2(b)
s. 3B(1)(za) inserted by 2022 c. 31 Sch. 3 para. 2(a)
s. 13G(4) words omitted by virtue of 2012 c. 7, Sch. 14 para. 4A (as inserted) by 2014 c. 23 s. 120(18)(a)
s. 35(3A)(3B) inserted by 2012 c. 7 s. 159(4)
s. 35(3A) words substituted by 2022 c. 31 Sch. 5 para. 12(4) (This amendment not applied to legislation.gov.uk. The insertion of s. 35(3A) by 2012 c. 7 s.159(4) not yet in force.)
s. 40(4)-(4B) substituted for s. 40(4) by 2012 c. 7 Sch. 14 para. 5
s. 42(1A) inserted by 2012 c. 7 Sch. 14 para. 6
s. 65F(2A)-(2F) inserted by 2012 c. 7 Sch. 14 para. 15(4) (This amendment is itself amended before it comes into force by 2014 c. 23, ss. 85(15), 120(18)(b)(c), 127(1); S.I. 2014/1714, art. 3(2)(b)(c))
s. 65H(10A) inserted by 2012 c. 7 Sch. 14 para. 17(4)
s. 65H(10A) omitted by 2022 c. 31 Sch. 8 para. 7(7) (This amendment not applied to legislation.gov.uk. 2012 c. 7 Sch. 14 revoked at 1.7.2022 by 2022 c. 31, s. 186(6), Sch. 7 para. 13 before the insertion of s. 65H(10A) could come into effect.)
s. 82A-83A and cross-heading substituted for s. 83 and cross-heading by 2022 c. 31 Sch. 3 para. 3
s. 84(4)-(4B) substituted for s. 84(4) by 2022 c. 31 Sch. 3 para. 4(4)
s. 92(5A) inserted by 2022 c. 31 Sch. 3 para. 9(4)
s. 94(3)(ca)(cb) substituted for s. 94(3)(ca) by 2022 c. 31 Sch. 3 para. 11(3)
s. 98A 98B substituted for s. 98A by 2022 c. 31 Sch. 3 para. 14
s. 98BC-99B and cross-heading substituted for s. 99 and cross-heading by 2022 c. 31 Sch. 3 para. 15
s. 100(3A)(3B) inserted by 2022 c. 31 Sch. 3 para. 16(4)
s. 109(3)(ca)(cb) substituted for s. 109(3)(ca) by 2022 c. 31 Sch. 3 para. 23(3)
s. 112(1)(za) inserted by 2022 c. 31 Sch. 3 para. 24(2)(b)
s. 114A 114B substituted for s. 114A by 2022 c. 31 Sch. 3 para. 26
s. 114C and cross-heading inserted by 2022 c. 31 Sch. 3 para. 27
s. 116A 116B and cross-heading inserted by 2022 c. 31 Sch. 3 para. 30
s. 117(4)(4A) substituted for s. 117(4) by 2022 c. 31 Sch. 3 para. 31(4)
s. 125A 125B substituted for s. 125A by 2022 c. 31 Sch. 3 para. 39
s. 223C(1)(c)(d) inserted by 2022 c. 31 s. 28
s. 223LA inserted by 2022 c. 31 s. 30(3)
Sch. 15 para. 4(1)(b) and word omitted by 2012 c. 7 Sch. 14 para. 39(3)

[F16ERegulations as to the exercise of functions by [F2NHS England] or [F3integrated care boards]E+W

(1)Regulations [F4must] impose requirements (to be known as “standing rules”) in accordance with this section on [F2NHS England] [F5and] on [F6integrated care boards].

[F7(1A)The regulations must make provision as to the arrangements that NHS England and integrated care boards must make, in exercising their commissioning functions, for enabling persons to whom specified treatments or other specified services are to be provided to make choices with respect to specified aspects of them.

(1B)The regulations may make other provision for the purpose of securing that, in exercising their commissioning functions, NHS England and integrated care boards protect and promote the rights of persons to make choices in relation to treatments or other services, where those rights—

(a)arise by virtue of regulations under subsection (1A), or

(b)are described in the NHS Constitution.]

(2)The regulations may, in relation to the commissioning functions of [F2NHS England] or [F8integrated care boards], make provision—

(a)requiring [F2NHS England] or [F8integrated care boards] to arrange for specified treatments or other specified services to be provided or to be provided in a specified manner or within a specified period;

(b)as to the arrangements that [F2NHS England] or [F8integrated care boards] must make for the purpose of making decisions as to—

(i)the treatments or other services that are to be provided;

(ii)the manner in which or period within which specified treatments or other specified services are to be provided;

(iii)the persons to whom specified treatments or other specified services are to be provided;

F9(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Regulations by virtue of paragraph (b) of subsection (2) may, in particular, make provision—

(a)requiring [F2NHS England] or [F10an integrated care board] to take specified steps before making decisions as to the matters mentioned in that paragraph;

(b)as to reviews of, or appeals from, such decisions.

(4)The regulations may—

(a)specify matters for which provision must be made in commissioning contracts entered into by [F2NHS England] or [F11integrated care boards];

(b)require [F2NHS England] to draft terms and conditions making provision for those matters;

(c)require [F2NHS England] or [F12integrated care boards] to incorporate the terms and conditions drafted by virtue of paragraph (b) in commissioning contracts entered into by [F2NHS England] or (as the case may be) [F12integrated care boards].

(5)The regulations must—

(a)require [F2NHS England] to draft such terms and conditions as [F2NHS England] considers are, or might be, appropriate for inclusion in commissioning contracts entered into by [F2NHS England] or [F13integrated care boards] (other than terms and conditions that [F2NHS England] is required to draft by virtue of subsection (4)(a));

(b)authorise [F2NHS England] to require [F14integrated care boards] to incorporate terms and conditions prepared by virtue of paragraph (a) in their commissioning contracts;

(c)authorise [F2NHS England] to draft model commissioning contracts.

(6)The regulations may require [F2NHS England] to consult prescribed persons before exercising any of its functions by virtue of subsection (4)(b) or (5).

(7)The regulations may require [F2NHS England] or [F15integrated care boards] in the exercise of any of its or their functions—

(a)to provide information of a specified description to specified persons in a specified manner;

F16(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)to do such other things as the Secretary of State considers necessary for the purposes of the health service.

(8)The regulations may not impose a requirement on only one [F17integrated care board].

(9)If regulations under this section are made so as to come into force on a day other than 1 April, the Secretary of State must—

(a)publish a statement explaining the reasons for making the regulations so as to come into force on such a day, and

(b)lay the statement before Parliament.

(10)In this section—

(a)“commissioning contracts”, in relation to [F2NHS England] or [F18integrated care boards], means contracts entered into by [F2NHS England] or (as the case may be) [F18integrated care boards] in the exercise of its or their commissioning functions;

(b)“commissioning functions”, in relation to [F2NHS England] or [F19integrated care boards], means the functions of [F2NHS England] or (as the case may be) [F19integrated care boards] in arranging for the provision of services as part of the health service;