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National Health Service Act 2006

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National Health Service Act 2006, Section 253 is up to date with all changes known to be in force on or before 29 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Section 253:

  • s. 253(2) words substituted by 2022 c. 31 Sch. 15 para. 8(5)(b) (This amendment not applied to legislation.gov.uk. Sch. 15 para. 8(5)(b) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 22 (with reg. 3))

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

253Emergency powersE+W

(1)The Secretary of State may give directions under this section if he considers that by reason of an emergency [F1it is appropriate to do so].

[F2(1A)A direction under this section may be given to—

(a)an NHS body other than a Local Health Board;

(b)the National Institute for Health and Care Excellence;

F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(ca)the Health Services Safety Investigations Body;]

(d)any body or person, other than an NHS body, providing services in pursuance of arrangements made [F5by virtue of this Act].]

(2)[F6In relation to a body [F7within any paragraph of subsection (1A) other than paragraph (d)], the powers conferred by this section may be exercised—

(a)to give directions to the body about the exercise of any of its functions;

(b)to direct the body to cease to exercise any of its functions for a specified period;

(c)to direct the body to exercise any of its functions concurrently with another body or person for a specified period;

(d)to direct the body to exercise any function conferred on another body or person under or by virtue of this Act for a specified period (whether to the exclusion of, or concurrently with, that body or person).

(2A)In relation to a body or person within subsection (1A)(d), the powers conferred by this section may be exercised—

(a)to give directions to the body or person about the provision of any services that it provides in pursuance of arrangements mentioned in subsection (1A)(d);

(b)to direct the body or person to cease to provide any of those services for a specified period;

(c)to direct the body or person to provide other services for the purposes of the health service for a specified period.]

[F8(2B)The Secretary of State may direct [F9NHS England] to exercise the functions of the Secretary of State under this section.

(2C)The Secretary of State may give directions to [F9NHS England] about its exercise of any functions that are the subject of a direction under subsection (2B).

(2D)In this section, “specified” means specified in the direction.]

(3)The powers conferred on the Secretary of State by this section are in addition to any other powers exercisable by him.

F10(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in s. 253(1) substituted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 47(2), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F2S. 253(1A) inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 47(3), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F5Words in s. 253(1A)(d) substituted for s. 253(1A)(d)(i)-(iv) (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 9 para. 14; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F6S. 253(2)(2A) substituted for s. 253(2) (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 47(4), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F8S. 253(2B)-(2D) inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 47(5), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F10S. 253(4) omitted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by virtue of Health and Social Care Act 2012 (c. 7), ss. 47(6), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

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