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Health and Social Care Act 2008

Functions of Health Protection Agency in relation to biological substances

Section 159: Functions of Health Protection Agency in relation to biological substances

531.Section 159 abolishes the NBSB and gives functions to the Health Protection Agency corresponding to the NBSB’s functions. It also enables the Health Protection Agency to be given any other functions that could have been given to the NBSB.

532.Subsection (1) abolishes the NBSB and repeals the Biological Standards Act 1975. Subsections (2) to (6) amend the Health Protection Agency Act 2004, under which the Health Protection Agency was established and given its functions, to expand the Health Protection Agency’s functions (and possible functions) to include functions in relation to biological substances.

533.Subsection (3) inserts a new section 2A into the Health Protection Agency Act 2004, giving the ‘relevant authority’ (the Secretary of State and DHSSPSNI, acting jointly) power to direct the Health Protection Agency to carry out functions in relation to biological substances. The new section 2A(3) of the Health Protection Agency Act 2004 deems the relevant authority to have directed that initially the Health Protection Agency is to acquire functions that are the same as the NBSB’s: those functions are specified in the National Biological Standards Board (Functions) Order 1976. Subsection (5) amends section 8 (power to make transfer schemes) of the Health Protection Agency Act 2004, to enable the relevant authority to make a scheme for the transfer of the property, rights and liabilities of the NBSB to the Health Protection Agency.

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