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 and Risk Committee reviewed the NCA’s compliance with the Provider Licence, including the self-certification in respect to Commissioner Requested Services. Following further discussion at the Board of Directors, the NCA Board of Directors has determined that:
After making enquiries the Directors of the Licensee have a reasonable expectation, subject to what is explained below, that the Licensee will have the Required Resources available to it after taking into account in particular (but without limitation) any distribution which might reasonably be expected to be declared or paid for the period of 12 months referred to in this certificate. However, they would like to draw attention to the following factors (as described below) which may cast doubt on the ability of the Licensee to provide Commissioner Requested Services:
- Greater Manchester Integrated Care Board (ICB) Commissioners have indicated that due to affordability at a system level they cannot commission the activity required to deliver the NCA RTT (Referral to Treatment) performance targets in full.
- Final activity plans have not yet been agreed with ICB commissioners.
The Self Certification, approved under emergency powers, will be ratified at the meeting of the Board of Directors on 2 July 2025.
