Part 1: Health Service in England: Integration, Collaboration and Other Changes Secretary of State’s functions Schedule 6: Intervention powers over the reconfiguration of NHS services
Schedule 6 inserts a new Schedule 10A into the NHS Act 2006. The Schedule sets out a new intervention power in relation to the reconfiguration of NHS services.
	Paragraph 1 of Schedule 10A provides definitions of NHS commissioning body, NHS services, NHS trusts and the reconfiguration of NHS services for the purposes of the Schedule.
	Paragraph 2 places a duty on an NHS commissioning body to notify the Secretary of State when there is a "notifiable" proposal to reconfigure services. "Notifiable" is to be specified in regulations.
	Paragraph 3 sub-paragraph (1) gives the Secretary of State the power to give a direction to call in any proposal relating to a service reconfiguration. The direction is given to the NHS commissioning body.
	Paragraph 34 sub-paragraph (2) allows the Secretary of State to take on the decision-making role of the NHS commissioning body within 6 months of having made a direction calling in the proposal. The Secretary of State must notify the NHS commissioning body once they have finished considering the proposal.
	Paragraph 3 sub-paragraph 3 gives some examples of the decisions Secretary of State may choose to take when giving a direction for the reconfiguration of NHS services, but is not intended to be exhaustive. This includes power to decide whether a proposal should, or should not, proceed, or should proceed in a modified form; power to decide particular results to be achieved by the NHS commissioning bodies in taking decisions in relation to the proposal; power to decide the procedural or other steps that should, or should not, be taken in relation to the proposal; power to retake any decision previously taken by the NHS commissioning body.
	Paragraph 3 sub-paragraph (4) requires the Secretary of State to give relevant bodies the opportunity to make representations in relation to the proposal before taking a decision on the proposal. This must include the NHS commissioning body; if the NHS commissioning body is an integrated care board, NHS England; each local authority to whose area the proposed reconfiguration relates; and any other person the Secretary of State considers appropriate.
	Paragraph 3 sub-paragraph (5) provides that where the Secretary of State has made a decision under sub-paragraph (2)(a), that decision must be published together with an explanation of the reasons for taking it, and the NHS commissioning body must be notified of the decision and the reasons.
	Paragraph 3 sub-paragraph (6) requires the Secretary of State to publish a summary of representations made under sub-paragraph (4)
	Paragraph 4 subparagraphs (1)-(3) apply where the Secretary of State has called in a proposal under paragraph 34(1). While the Secretary of State is considering the proposal the NHS commissioning body must pause all work on the proposal, unless explicitly permitted in the direction. Once the Secretary of State has made a decision the NHS commissioning body must then give effect to that decision.
	Paragraph 5 subparagraph (1) gives Secretary of State the power to direct an NHS commissioning body to consider a reconfiguration of NHS services. This allows the Secretary of State to act as a catalyst where the Secretary of State thinks a reconfiguration may be necessary.
	Paragraph 5 sub-paragraph (2) requires the Secretary of State to publish any such direction made under paragraph 5(1), together with an explanation of the reasons for giving it.
	Paragraph 6 provides a power for the Secretary of State’s to require information or assistance from an NHS commissioning body, NHS trust or NHS foundation trust for the purposes of carrying out any functions under Schedule 10A.
	Paragraph 7 sub-paragraph (1) places a duty on the Secretary of State to publish guidance for NHS commissioning bodies, NHS trusts and NHS foundation trusts about the exercise of their functions under this Schedule. The guidance could be used to outline the process of notification, call in process, and communication of decisions. The guidance must outline how the Secretary of State will exercise the functions under this Schedule.
	Paragraph 7 sub-paragraph (2) place a requirement on NHS commissioning bodies, NHS Trusts and NHS Foundation Trusts to have regard to the guidance.