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After section 3A of the National Health Service Act 2006 insert—
“3B Secretary of State's power to require Board to commission services(1) Regulations may require the Board to arrange, to such extent as it considers necessary to meet all reasonable requirements, for the provision as part of the health service of—
(a) dental services of a prescribed description;
(b) services or facilities for members of the armed forces or their families;
(c) services or facilities for persons who are detained in a prison or in other accommodation of a prescribed description;
(d) such other services or facilities as may be prescribed.
(2) A service or facility may be prescribed under subsection (1)(d) only if the Secretary of State considers that it would be appropriate for the Board (rather than clinical commissioning groups) to arrange for its provision as part of the health service.
(3) In deciding whether it would be so appropriate, the Secretary of State must have regard to—
(a) the number of individuals who require the provision of the service or facility;
(b) the cost of providing the service or facility;
(c) the number of persons able to provide the service or facility;
(d) the financial implications for clinical commissioning groups if they were required to arrange for the provision of the service or facility.
(4) Before deciding whether to make regulations under this section, the Secretary of State must—
(a) obtain advice appropriate for that purpose, and
(b) consult the Board.
(5) The reference in subsection (1)(b) to members of the armed forces is a reference to persons who are members of—
(a) the regular forces within the meaning of the Armed Forces Act 2006, or
(b) the reserve forces within the meaning of that Act.”
Royal Assent (in so far as is necessary for enabling the exercise on or after 27 March 2012 of any power to make an order or regulations or to give directions that is conferred by the above section or an amendment made by it): 27 March 2012: see s 306(1)(d).
To be appointed (for remaining purposes): see s 306(4).
This section does not extend to Scotland: see s 308(1).
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