Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, whether he has plans to ensure that maintenance of the rights of members of the public to (a) inspect and (b) obtain copies of the (i) annual reports, (ii) accounts and (iii) forward planning documents under section 39 of the NHS Act 2006 for entities holding new NHS-controlled provider licences.

Section 39 of the National Health Service Act 2006 requires NHS Improvement (Monitor) to maintain a register of National Health Service foundation trusts including their annual accounts and reports. This section of the Act applies to foundation trusts but it neither applies to independent providers of NHS services nor will it apply to NHS controlled providers. However, under section 93 of the Health and Social Care Act 2012, NHS Improvement must maintain and publish a register of persons who hold an NHS provider licence. The names and addresses of NHS controlled providers will be included in this register.

In the case of NHS controlled providers which are formed as companies or limited liability partnerships, some documents (statutory accounts and reports) will be filed annually with other regulators such as Companies House or The Office of the Regulator of Community Interest Companies.

Forward planning documents submitted to NHS Improvement by NHS controlled providers are expected to be commercially sensitive information and held in confidence.