NHS England (Additional Functions) Regulations 2017

• Citation: S.I. 2017/212
• Sections: 6

Section 1 Citation and commencement

These Regulations may be cited as NHS England (Additional Functions) Regulations 2017 and come into force on 1st April 2017.

Section 2 Interpretation

In these Regulations—

“ 2006 Act ” means the National Health Service Act 2006;

“health service” means the health service continued under section 1(1) of the 2006 Act ; and

“regulation 4(1) function” means the function specified in regulation 4(1).

Section 3 Additional functions of NHS England

NHS England is to have the functions specified in regulations 4 to 6.

Section 4 Power to conclude and manage framework agreements

(1) NHS England may conclude and manage framework agreements to facilitate the purchase and supply of a service, drug, medicine or other substance or product to which paragraph (2) applies.

(2) This paragraph applies to a service, drug, medicine or other substance or product that is to be provided as part of the health service for—

(a) the purposes of preventing, diagnosing, monitoring or treating a physical or mental illness;

(b) the purposes of providing care to an individual; or

(c) a purpose related to any matter mentioned in sub-paragraph (a) or (b).

(3) In this regulation—

(a) “framework agreement” means an agreement between NHS England and one (or more than one) supplier , the purpose of which is to establish the terms governing contracts to be entered into during a given period, in particular with regard to price and, where appropriate, the quantity envisaged; and

(b) “other substance or product” includes—

(i) medical supplies within the meaning of section 260(5) of the 2006 Act ;

(ii) a medical device within the meaning of regulation 2 (interpretation) of the Medical Devices Regulations 2002 ; and

(iii) a human blood component.

Section 5 Duty to provide assistance

In relation to the exercise of the regulation 4(1) function, NHS England must comply with a request made by the Secretary of State for any assistance the Secretary of State considers necessary or expedient for the purposes of the functions of the Secretary of State relating to the health service.

Section 6 Duty to consult and collaborate

(1) For the purposes of exercising the regulation 4(1) function, NHS England must consult and collaborate with the registered pharmacist, or a person representing the registered pharmacist, of every trust.

(2) In this regulation—

(a) “the registered pharmacist” means a person falling within the definition of “registered pharmacist” in section 275 (interpretation) of the 2006 Act who has been nominated by a trust for the purposes of paragraph (1); and

(b) “trust” means—

(i) a body in England established by an order made under section 25(1) of the 2006 Act as a National Health Service trust ; or

(ii) a body included in the register referred to in section 39(1) of the 2006 Act (register of NHS foundation trusts).