Part 1Promotion and provision of the health service in England

F1Exercise of Secretary of State's public health functions

Annotations:
Amendments (Textual)
F1

S. 7A and cross-heading inserted (1.10.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 22, 306(4); S.I. 2012/1831, art. 2(2); S.I. 2013/160, art. 2(2) (with arts. 7-9)

7BF2Directions requiring NHS bodies to exercise public health functions

1

The Secretary of State may by direction provide for any of the public health functions of the Secretary of State to be exercised by one or more relevant bodies.

2

In this section “relevant body” means—

a

NHS England, or

b

an integrated care board.

3

A direction under subsection (1) may include provision prohibiting or restricting the relevant body from making delegation arrangements in relation to a function that is exercisable by it by virtue of the direction.

4

In subsection (3)delegation arrangements” means arrangements made by a person for the exercise of a function by someone else.

5

The Secretary of State may make payments to a relevant body in respect of the exercise by it of a function by virtue of a direction under subsection (1).

6

The Secretary of State may give directions to an integrated care board as to the exercise by it of any functions by virtue of this section.

7

For power to give directions to NHS England as to the exercise of functions, see section 13ZC.

8

As soon as reasonably practicable after giving a direction under subsection (1) or (6), the Secretary of State must publish it.

9

Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by a relevant body of any function by virtue of this section are enforceable by or against it (and no other person).

10

The reference in subsection (1) to the public health functions of the Secretary of State includes any functions of the Secretary of State exercisable in connection with those functions (including the powers conferred by section 12).