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NHS health legislation
NHS health legislation
Section 1 of the National Health Service Act 2006 (“the 2006 Act”) sets out the duty on the Secretary of State to promote a “comprehensive health service” in England “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”. 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” (ss1(2)). The services provided as part of the health services “must be free of charge” except in so far as making and recovery of charges is expressly provided for under enactment (ss 1(4)).
- Heading
- Introduction
- legal background to claim
- Issues and remedy sought
- Background NHS framework evidence and facts
- NHS health legislation
- Local authorities
- NHS foundation trusts
- Agreements between Trust and local authorities
- Issues
- Issue 1: whether provision of services was “for consideration” under Article 2 PVD
- Parties’ submissions in summary
- Discussion: Issue 1 – is the Trust’s supply of services to the local authority “for consideration?
- Public duty and public funding
- Issue 2: is the supply “economic activity” under Article 9 PVD?
- Discussion on Issue 2: whether economic activity
- Public duty and public funding
- Comparison with how activity typically carried out in market
- Issue 3: Engaging in the supplies of the services as a public authority - special legal regime
- Article 13 PVD- Application to the facts
- NHS legislation
- Consultation obligations and guidance
- Power to make directions in emergency – s253 of the 2006 Act
- NHS Constitution and Trust constitution
- Other legislation
- Case that the Trust is a delegate of a local authority
- Issue 4: Leading to significant distortions of competition
- Conclusions