NHS Trusts are required to self-certify that they can meet the obligations set out in the NHS provider licence (which itself includes requirements to comply with the National Health Service Act 2006, the Health and Social Care Act 2008, the Health Act 2009 and the Health and Social Care Act 2012, and to have regard to the NHS Constitution) and that they have complied with governance requirements.
Although NHS Trusts are exempt from needing a Provider Licence, directions from the Secretary of State require NHS Improvement (NHSI) to ensure that NHS trusts comply with conditions equivalent to the licence as it deems appropriate.
Consequently, all provider NHS Trusts must self-certify the following after the financial year-end:
- Condition G6 (3) - the provider has taken all precautions necessary to comply with the licence, NHS Acts and NHS Constitution
- Condition FT4 (8) - the provider has complied with required governance arrangements
Further statutory guidance to the NHS provider licence can be found in the supplementary Information Pack and via: https://www.gov.uk/government/publications/the-nhs-provider-licence