18.13The core provisions are found at sections 1–3 of the NHSA 2006 and extracts are set out as follows (the NHS(W)A 2006 is identical, save for reference to ‘the Welsh Ministers’ and ‘Wales’):
Secretary of State’s duty to promote comprehensive health service
1(1) The Secretary of State must continue the promotion in England of a comprehensive health service designed to secure improvement–
(a)in the physical and mental health of the people of England, and
(b)in the prevention, diagnosis and treatment of physical and mental illness.
(2)For that purpose, the Secretary of State must exercise the functions conferred by this Act so as to secure that services are provided in accordance with this Act.
(3)The Secretary of State retains ministerial responsibility to Parliament for the provision of the health service in England.
(4)The services provided as part of the health service in England must be free of charge except in so far as the making and recovery of charges is expressly provided for by or under any enactment, whenever passed.
Duty as to improvement in quality of services
1A(1) The Secretary of State must exercise the functions of the Secretary of State in relation to the health service with a view to securing continuous improvement in the quality of services provided to individuals for or in connection with–
(a)the prevention, diagnosis or treatment of illness, or
(b)the protection or improvement of public health.
(2)In discharging the duty under subsection (1) the Secretary of State must, in particular, act with a view to securing continuous improvement in the outcomes that are achieved from the provision of the services.
(3)The outcomes relevant for the purposes of subsection (2) include, in particular, outcomes which show–
(a)the effectiveness of the services,
(b)the safety of the services, and
(c)the quality of the experience undergone by patients.
(4)In discharging the duty under subsection (1), the Secretary of State must have regard to the quality standards prepared by NICE under section 234 of the Health and Social Care Act 2012.
Duty as to the NHS Constitution
1B(1) In exercising functions in relation to the health service, the Secretary of State must have regard to the NHS Constitution.
(2)In this Act, ‘NHS Constitution’ has the same meaning as in Chapter 1 of Part 1 of the Health Act 2009 (see section 1 of that Act) …
General power
2 The Secretary of State, the Board or a clinical commissioning group may do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any function conferred on that person by this Act …
Duties of clinical commissioning groups as to commissioning certain health services
3(1) A clinical commissioning group must arrange for the provision of the following to such extent as it considers necessary to meet the reasonable requirements of the persons for whom it has responsibility–
(a)hospital accommodation,
(b)other accommodation for the purpose of any service provided under this Act,
(c)medical, dental, ophthalmic, nursing and ambulance services,
(d)such other services or facilities for the care of pregnant women, women who are breastfeeding and young children as the group considers are appropriate as part of the health service,
(e)such other services or facilities for the prevention of illness, the care of persons suffering from illness and the after-care of persons who have suffered from illness as the group considers are appropriate as part of the health service,
(f)such other services or facilities as are required for the diagnosis and treatment of illness.
(1A) For the purposes of this section, a clinical commissioning group has responsibility for–
(a)persons who are provided with primary medical services by a member of the group, and
(b)persons who usually reside in the group’s area and are not provided with primary medical services by a member of any clinical commissioning group.
(1B) Regulations may provide that for the purposes of this section a clinical commissioning group also has responsibility (whether generally or in relation to a prescribed service or facility) for persons who–
(a)were provided with primary medical services by a person who is or was a member of the group, or
(b)have a prescribed connection with the group’s area.
(1C) The power conferred by subsection (1B)(b) must be exercised so as to provide that, in relation to the provision of services or facilities for emergency care, a clinical commissioning group has responsibility for every person present in its area.
(1D) Regulations may provide that subsection (1A) does not apply–
(a)in relation to persons of a prescribed description (which may include a description framed by reference to the primary medical services with which the persons are provided);
(b)in prescribed circumstances.
(1E) The duty in subsection (1) does not apply in relation to a service or facility if the Board has a duty to arrange for its provision.
(1F) In exercising its functions under this section and section 3A, a clinical commissioning group must act consistently with–
(a)the discharge by the Secretary of State and the Board of their duty under section 1(1) (duty to promote a comprehensive health service), and
(b)the objectives and requirements for the time being specified in the mandate published under section 13A …