Section 13d reporting requirements need updating

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The Secretary of State will continue to be under a duty to promote a comprehensive health service, and he will continue to have ministerial accountability to Parliament for the health service.

The Secretary of State will be held accountable for the system through a new duty to keep under review the effective exercise of functions by the national-level bodies (such as the NHS Commissioning Board, Monitor and the Care Quality Commission) and to report annually on the performance of the health service.

It also makes provision for references to the Competition Commission to adjudicate over disputed changes to methodologies for determining prices under the national tariff.

Chapter 5 enables Monitor to secure continuity of NHS services provided by companies, through a process of health special administration.

It outlines Monitor’s general duties and introduces Schedule 8, which addresses Monitor’s constitution and public accountabilities.

Monitor’s general duties apply to the exercise of all its functions, including the functions it will continue to exercise under the NHS Act.

They do not form part of the Act and have not been endorsed by Parliament.

These notes need to be read in conjunction with the Act.

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It makes amendments to the financing and accounting arrangements of foundation trusts.

Part 1 also establishes a new non-departmental public body to be known as the National Health Service Commissioning Board (NHS Commissioning Board), accountable to the Secretary of State.

The NHS Commissioning Board will have broad overarching duties, in conjunction with the Secretary of State, to promote the comprehensive health service (other than in relation to public health) and to exercise its functions so as to secure that services are provided for the purposes of the comprehensive health service.), which will be statutory corporate bodies, established on the grant of an application by the NHS Commissioning Board.

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