Commentary on Sections Functions Section 14: Authorised services
77.This section sets out the powers and functions of the Independent Regulator when authorising an NHS foundation trust to provide goods and services.
78.Under subsection (1) an authorisation must authorise an NHS foundation trust to provide goods and services for purposes related to the provision of health care. But subsection (2) provides that the authorisation must ensure that the principal purpose of the NHS foundation trust is the provision of goods and services for “the health service in England”, which, by virtue of section 40 (the interpretation provision to Part 1) means the National Health Service provided by the Secretary of State pursuant to the 1977 Act.
79.Subsection (3) gives NHS foundation trusts powers to enter into other, non-health care related activities for the purposes of generating income to be used for the health service in England. Such activities may be subject to any restrictions set out in the authorisation.
80.Paragraph 85(a) of Schedule 4 gives NHS foundation trusts the power to make accommodation or services or both available for patients who give undertakings to pay such charges as the trust may determine. The power is conferred in the same terms as it is conferred upon NHS trusts.
81.Subsection (4) allows the Independent Regulator, as part of an authorisation, to require an NHS foundation trust to provide particular NHS services. By exercising this power, the Independent Regulator can ensure that NHS foundation trusts are obliged to continue to provide certain goods and services to the NHS. Subsection (6) provides that an authorisation must authorise an NHS foundation trust to carry out health care research and to make facilities and staff available for education, training and research carried on by others. An authorisation may also require such services. Subsection (7) sets out the factors the Independent Regulator is to consider in deciding whether to require provision of particular services by an NHS foundation trust; and subsection (8) sets out the terms in which such a requirement may be framed.