Part 1: Health Service in England: Integration, Collaboration and Other Changes Patient Choice and Provider Selection Section 78: Regulations as to patient choice
This section amends the NHS Act 2006 to insert provisions relating to patient choice.
	Subsection (2) amends the existing section 6E which allows regulations to place "standing rules" on commissioners. The existing power to issue regulations under this section is changed from a "may" to a "must". This and the obligation inserted as a new subsection 1A means that these regulations must contain provisions about how NHS England and integrated care boards will allow patients to make choices about their care. Subsection (2) also inserts provision stating that the regulations may make other provisions on steps NHS England and integrated care boards must take to protect and promote the rights of people to make choices where those rights arise from these regulations or are described in the NHS constitution. The existing subsection (2)(c) of section 6E in the NHS Act 2006 is removed as it has been replaced by these new provisions.
	Subsection (3) inserts a new section 6F that provides an enforcement mechanism for NHS England to enforce the patient choice requirements made under 6E. Under new section 6F(1) NHS England may investigate an integrated care board in relation to their compliance with the regulations made under section 6E and, under section 6F(2) NHS England may issue directions to integrated care boards to prevent, remedy, or mitigate the effects of failures. Section 6F(3) provides that, during or following an investigation, NHS England may accept an undertaking from the integrated care board that it will take actions regarding the actual or likely failure to comply. If NHS England accepts an undertaking, by virtue of section 6F(4), it may not continue to investigate or issue directions relating to the area of the undertaking, unless the integrated care board fails to comply with the undertaking. Section 6F(5) requires NHS England to take partial compliance into account.
	Subsection (3) also inserts the new section 6G. Section 6G(1) requires NHS England to publish guidance on how it intends to exercise its powers to investigate, direct on, and accept undertakings about patient choice under the new section 6F and Schedule 1ZA. Section 6G(2) requires NHS England to obtain the approval of Secretary of State before publishing guidance under section 6G(1).
	Subsection (4) amends the existing provision in the NHS Act 2006 on NHS England’s annual report to require the report to include an assessment of how effectively NHS England discharges its duties under the patient choice regulations made under those sections inserted by this provision and the existing duty to enable patient choice.
	Subsection (5) gives effect to Schedule 11 of the Act, which inserts the new Schedule 1ZA (undertakings by integrated care boards) into the NHS Act 2006.