s 140 Power of Secretary of State to set limit on levy and charges
(1) Before the beginning of each financial year, the Secretary of State may, with the approval of the Treasury, specify by order— (a) the maximum amount that NHS England may raise from levies it imposes under section 139 for that year, and (b) the maximum amount that it may raise from charges it imposes by virtue of section 138 for that year. (2) Where the Secretary of State makes an order under this section, NHS England must secure that the levies and charges for that year are at a level that NHS England estimates will, in each case, raise an amount not exceeding the amount specified for that case in the order.