National Health Service (Amended Duties and Powers) Bill (HC Bill 18)

National Health Service (Amended Duties and Powers) BillPage 10

adding the following after Regulation 6(2)—

(2A) These Regulations do not apply to the seeking of offers for the supply
of any services that are proposed to be included within an NHS
contract.

10 5Repeals

Sections 62(2), 62(3), 62(10), 67(3)(a), and 72 to 80 of the Health and Social Care
Act 2012 are repealed.

11 Exemptions from the Competition Act 1998

Notwithstanding the provisions in Part 3 of the Health and Social Care Act
102012—

(a) The Competition Act 1998 shall not apply to the discharge of any
functions by the Secretary of State or an NHS body in relation to the
exercise of powers or the discharge of duties under the National Health
Service Act 2006.

(b) 15Any person commissioning or providing services for the purpose of the
health service shall not for that purpose be an undertaking for the
purposes of the Competition Act 1998.

(c) The Enterprise Act 2002 shall not apply to any proposed merger
involving an NHS or an NHS foundation trust.

12 20Mergers of NHS trusts or foundation trusts to require the consent of the
Secretary of State

Any merger involving an NHS Trust or an NHS Foundation Trust or the
acquisition or disposal of significant property by an NHS Trust or an NHS
Foundation Trust shall require the consent of the Secretary of State.

13 25Regulations requiring NHS trust and foundation trust mergers to be in
patients’ interests

(1) In discharge of the Secretary of State‘s duties under the National Health Act
2006, as amended by the Health and Social Care Act 2012, the Secretary of State
may make Regulations which require the Secretary of State to provide
30approval in writing of—

(a) any merger involving an NHS trust or an NHS foundation trust;

(b) the acquisition or disposal of significant property by an NHS trust or an
NHS foundation trust.

(2) Regulations may provide that the Secretary of State should only give an
35approval under subsection (1) above if the Secretary of State is satisfied that the
proposed merger or property acquisition or disposal is in the interests of
patients.

(3) The Secretary of State may provide guidance about—

(a) the circumstances in which an acquisition or disposal of property by an
40NHS trust or an NHS foundation trust shall be significant;

(b) the processes that an NHS trust or an NHS foundation trust should
follow in order to seek the consent of the Secretary of State; and

National Health Service (Amended Duties and Powers) BillPage 11

(c) how the Secretary of State will apply any patient interest test set out in
Regulations.

Part 4 The NHS and national or international agreements

14 5NHS exemptions from proposed Transatlantic Trade and Investment
Partnership Treaty

(1) No ratification by a Minister of the Crown of the proposed Transatlantic Trade
and Investment Partnership Treaty shall cause any legally enforceable
procurement or competition obligations to be imposed on any NHS body
10entering into any arrangement for the provision of health services in any part
of the health service.

(2) In this section “any part of the health service” shall mean any part of the health
service in England under the National Health Service Act 2006, the health
service in Scotland under the National Health Service (Scotland) Act 1978, the
15health service in Wales under the National Health Service (Wales) Act 2006 or
the health service in Northern Ireland operated by the Department of Health,
Social Services and Public Safety under the Northern Ireland Act 1998.

Part 5 General

15 20Extent, citation and commencement

(1) Sections 1 to 13 of this Act apply to England only.

(2) Sections 14 and 15 of this Act apply to England, Wales, Scotland and Northern
Ireland.

(3) This Act may be cited as the National Health Service (Amended Duties and
25Powers) Act 2014.

(4) This Act comes into force three months after it is passed.