Question to the Department of Health and Social Care:

To ask His Majesty's Government, further to the Written Answer by Baroness Merron on 6 March (HL15294), whether they plan for ministers to be responsible for approving the NHS Payment Scheme after NHS England is abolished; and if so, whether ministers will be consulted about approval of that scheme in the transition period before new legislation is passed by Parliament to transfer that responsibility to ministers.

Primary legislation is required to enable the transfer of NHS England’s functions, powers and responsibilities formally to the Department or out to the wider system. Primary legislation is subject to the will of Parliament, and the Government welcomes parliamentary scrutiny of these provisions. The bill will be introduced in Parliament when parliamentary time allows.

Currently, NHS England is responsible for publishing the NHS Payment Scheme, with the relevant legislation set out in schedule 10 of the 2022 Health and Care Act. Under NHS England’s Scheme of Delegation, responsibility for approving the NHS Payment Scheme rests with the Chief Executive Officer of NHS England, delegated to the Chief Financial Officer of NHS England.

During development of the NHS Payment Scheme, NHS England engages with a wide range of stakeholders, including the Department. The 2026/27 NHS Payment Scheme was published on 26 March 2026 and incorporates a number of changes following consultation.