s 13Q Public involvement and consultation by NHS England
(1) This section applies in relation to any health services which are, or are to be, provided pursuant to arrangements made by NHS England in the exercise of its functions (“commissioning arrangements”). (2) NHS England must make arrangements to secure that individuals to whom the services are being or may be provided , and their carers and representatives (if any), are involved (whether by being consulted or provided with information or in other ways)— (a) in the planning of the commissioning arrangements by NHS England , (b) in the development and consideration of proposals by NHS England for changes in the commissioning arrangements where the implementation of the proposals would have an impact on the manner in which the services are delivered to the individuals or the range of health services available to them, and (c) in decisions of NHS England affecting the operation of the commissioning arrangements where the implementation of the decisions would (if made) have such an impact. (3) The reference in subsection (2)(b) to the delivery of services is a reference to their delivery at the point when they are received by users. (4) This section does not require NHS England to make arrangements in relation to matters to which a trust special administrator’s draft or final report under section 65F or 65I relates before— (a) in a case where the administrator’s report relates to an NHS trust, NHS England and the Secretary of State have made their decisions under section 65K(1) and (2), or (b) in a case where the administrator’s report relates to an NHS foundation trust, the Secretary of State is satisfied as mentioned in section 65KB(1) or 65KD(1) or makes a decision under section 65KD(9).