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House of Lords discusses NHS England mandate

6 September 2017

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The House of Lords will discuss a motion to regret that new NHS regulations in England do not include obligations on patient waiting times on 6 September 2017.

Lord Hunt of Kings Heath (Labour) will propose a motion to regret that the Regulations do not require NHS England to meet its obligation to ensure 92 per cent of patients are treated within 18 weeks of referral.

The motion continues that the failure to meet this target is a breach of the rights of the patient set out in the NHS Constitution and previous regulations on the NHS from 2012.

The motion calls on the government to publish the legal advice it received when drafting the regulation.

If agreed by the House of Lords, this motion would not stop the Regulations, which came into force in April 2017, but would provide an opportunity for the House to put on record its regret that the government has made the change.

About the National Health Service (Mandate Requirements) Regulations 2017

The regulations give effect to the mandate for NHS England for 2017. The secretary of state for health must publish this mandate annually. It gives the board of NHS England its objectives for the year.

How do these Regulations become law?

These Regulations are subject to the negative procedure, meaning that they would not normally be debated unless a member objects by putting down a motion. These regulations were laid on 20 March 2017 and the motion will be debated on Wednesday 6 September.

Further information