Section 223D: Financial duties of NHS England: controls on total resource use

National Health Service Act 2006 · 2006 c.41

Part 11: Property and finance — Chapter 6: Finance

NHS England must exercise its functions with a view to ensuring that, in respect of each financial year—

total capital resource use does not exceed the limit specified in a direction by the Secretary of State;
total revenue resource use does not exceed the limit specified in a direction by the Secretary of State.

In subsection (1) "total capital resource use" and "total revenue resource use" means the use of capital resources or (as the case may be) revenue resources by relevant NHS bodies, other than use that consists of the transfer of resources between relevant NHS bodies.

In subsection (2) "relevant NHS bodies" means—

NHS England,
integrated care boards,
NHS trusts established under section 25, and
NHS foundation trusts.

A direction under subsection (1)(a) or (b) specifying a limit in relation to a financial year may be varied by a subsequent direction only if—

NHS England agrees to the change,
a parliamentary general election takes place, or
the Secretary of State considers that there are exceptional circumstances which make the variation necessary.

The Secretary of State must publish and lay before Parliament any directions under this section.

Any reference in this Chapter to the use of capital resources or revenue resources is a reference to their expenditure, consumption or reduction in value.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.