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Health Bill: Key developments for BHTA members as legislation moves to House of Lords

Last Updated on 24/09/2026 by Sarah Sarsby

The Health Bill completed its House of Commons stages on 8 September, following two days of Report Stage debate covering medical device regulation, NHS structures, procurement, commissioning, community services, and social care.

During the 7 September debate, MPs considered NHS procurement, integrated care boards (ICBs), community equipment, and wheelchair services. The 8 September debate brought further developments, including new provisions covering medical device regulation.

Several developments across the two days are particularly relevant to BHTA members.

New medical device licensing framework

One of the most significant changes came on 8 September, when MPs agreed New Clause 94, tabled by the UK Government, establishing the statutory foundation for a future medical device licensing regime in Great Britain.

The new powers would allow regulations to require product licences for supplying or advertising medical devices, alongside personal licences for activities including manufacturing, importing, wholesale dealing, and conducting clinical investigations. Regulations could also cover licence conditions, safety and performance monitoring, enforcement, exemptions, and a public register.

Minister for Secondary Care Karin Smyth MP said the framework is intended to replace the current regulatory regime in Great Britain, with the detail to be developed through regulations in consultation with patients, healthcare professionals, and the medical device sector.

The provisions apply to Great Britain, while EU medical device legislation will continue to apply in Northern Ireland under the Windsor Framework.

MPs also agreed New Clause 98, providing a clearer legal framework for sharing medical device information with UK health systems, organisations, and trusted international partners.

Community equipment and wheelchair services

Community equipment and wheelchair provision received detailed attention on 7 September.

Daniel Francis MP, Chair of the All-Party Parliamentary Group for Wheelchair Users and the All-Party Parliamentary Group for Access to Disability Equipment, spoke in support of Amendment 32 and New Clause 39. These proposed an 18-week timeframe for providing community equipment and wheelchair services, alongside published local standards and annual reporting by ICBs.

Daniel highlighted evidence gathered for an inquiry by the APPG for Access to Disability Equipment last year. One in three equipment users who responded reported waiting a significant amount of time for equipment, while one in five had waited more than two months. He also said 74 percent of responding professionals and equipment providers had seen hospital discharge delayed because essential equipment was unavailable in a person’s home.

Daniel highlighted local variation, describing pupils attending the same school and living within the same ICB area receiving different wheelchair service standards because they lived in neighbouring boroughs.

For the purposes of the proposals, community equipment was defined broadly to include products and adaptations such as wheelchairs, specialist seating, hoists, hospital beds, pressure-relieving equipment, and home adaptations.

Neither proposal was agreed as an amendment to the Bill, although Karin said she would write to Daniel about the government’s plans for ICBs to improve the situation.

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NHS procurement and social value

Karin said the Chancellor had asked the Health Secretary to consider how NHS procurement could better support British industry. The Health Secretary has commissioned a review of strategic procurement pipelines to identify opportunities for a new social value model supporting British jobs, skills, and innovation.

For BHTA members supplying the NHS, the development of this model could influence how social value, domestic economic contribution, skills, and innovation are considered in future procurement.

Abolition of NHS England, social care, and ICB accountability

The abolition of NHS England (NHSE) is a central part of the Bill, with its functions due to transfer elsewhere in the health system, including to the Department of Health and Social Care.

MPs scrutinised how that transition would work in practice. Proposals included a transition strategy to protect NHSE’s expertise and organisational knowledge, an assessment of the costs and savings of abolition, and a health and social care integration plan addressing joint commissioning, delayed hospital discharge, and additional responsibilities for ICBs.

Social care proposals included New Clause 63, which called for government plans covering respite care, Carer’s Allowance, free personal care, and a cap on care costs. These proposals were not incorporated into the Bill.

There was, however, an agreed change affecting ICB governance. Government amendments retained a requirement for each ICB to include at least one member jointly nominated by local authorities in its area, alongside a member nominated by a mayoral strategic authority.

Danny Beales MP welcomed the change and raised the broader question of which functions should remain nationally organised and which should be devolved to ICBs following the abolition of NHSE. He highlighted the benefits of national commissioning where consistent standards and delivery at scale are required.

For BHTA members, the eventual division of responsibilities could affect how products and services are commissioned, and whether suppliers engage with national bodies, individual ICBs, or other parts of the health system.

What happens next?

The Health Bill passed its Commons Third Reading on 8 September and received its formal First Reading in the House of Lords on 9 September. Its Lords Second Reading is scheduled for 13 October, before detailed scrutiny begins.

For BHTA members, key areas to follow include medical device licensing, NHS procurement and social value, the transfer of NHSE’s functions, ICB responsibilities, and community equipment and wheelchair provision.

BHTA will continue to monitor the Bill as it progresses through Parliament and provide updates on developments affecting members.