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Section 3B: Secretary of State's power to require NHS England to commission services

National Health Service Act 2006 · 2006 c. 41View on legislation.gov.uk

Part 1: Promotion and provision of the health service in England

Regulations may require NHS England to arrange, to such extent as it considers necessary to meet all reasonable requirements, for the provision as part of the health service of—

dental services of a prescribed description;
services or facilities for members of the armed forces or their families;
services or facilities for persons who are detained in a prison or in other accommodation of a prescribed description;
such other services or facilities as may be prescribed.

A service or facility may be prescribed under subsection (1)(d) only if the Secretary of State considers that it would be appropriate for NHS England to arrange for the provision of that service or facility (whether by NHS England making arrangements itself or by giving directions under section 13YB or making arrangements under section 65Z5).

In deciding whether it would be so appropriate, the Secretary of State must have regard to—

the number of individuals who require the provision of the service or facility;
the cost of providing the service or facility;
the number of persons able to provide the service or facility;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Before deciding whether to make regulations under this section, the Secretary of State must—

obtain advice appropriate for that purpose, and
consult NHS England.

If the Secretary of State refuses a request by NHS England to revoke provision made by regulations under subsection (1)(d) prescribing a service or facility, the Secretary of State must explain why to NHS England.

The reference in subsection (1)(b) to members of the armed forces is a reference to persons who are members of—

the regular forces within the meaning of the Armed Forces Act 2006, or
the reserve forces within the meaning of that Act.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

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