The Health and Social Care Act 2012 introduced the concept of a Licence for providers of NHS services. The NHS provider licence forms part of the oversight arrangements for the NHS and sets out conditions that providers of NHS-funded healthcare services in England must meet to help ensure that the health sector works for the benefit of patients, now and in the future. From 2013, all NHS foundation trusts are required to hold a licence. Following a statutory consultation to bring the 2013 Provider License up to date to reflect current statutory and policy requirements, a new Provider Licence, effective 1 April 2023 was introduced.
Compliance with the requirements of the Provider Licence is routinely monitored through the NHS England Single Oversight Framework (SOF), but on an annual basis after the financial year end, all Trusts must self-certify as to whether they satisfy the requirements of the licence, specifically, that they have the required resources available if providing commissioner requested services (CRS) (condition CoS7).
The Audit Committee reviewed the NCA’s compliance with the Provider Licence, including the self-certification in respect to Commissioner Requested Services, on behalf of the Board at its meeting on 22 May 2024. The Audit Committee was satisfied, and recommended to the Board, the following position:
After making enquiries, the Directors of the Licensee have a reasonable expectation that the Licensee will have the Required Resources available to it after taking account distributions which might reasonably be expected to be declared or paid for the period of 12 months referred to in this certificate.
The Board will receive the recommendation of the Audit Committee at its next meeting.
