Legislation – Health and Social Care Act 2012
Changes to legislation:
Health and Social Care Act 2012, Section 49 is up to date with all changes known to be in force on or before 10 April 2026. 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 49:
- Pt. 9 Ch. 1B inserted by 2022 c. 31 s. 96
- s. 105(3A) (3B) inserted by 2013 c. 24 Sch. 14 para. 21
- s. 106(3A) (3B) inserted by 2013 c. 24 Sch. 14 para. 22
- s. 259(1)(aa)(b) substituted for s. 259(1)(b) by 2022 c. 31 s. 98(b)
- s. 259(1)(aa) words substituted by S.I. 2023/98 Sch. para. 17(11)(a)(iii) (This amendment comes in force at the same time as 2022 c. 31, s. 98 comes into force)
- s. 259(10A)(10B) inserted by 2022 c. 31 s. 98(h)
- s. 261(5)(da) inserted by 2026 c. 8 s. 3(2)
- s. 261(5A) inserted by 2026 c. 8 s. 3(3)
- s. 261(6A)(6B) inserted by 2026 c. 8 s. 3(4)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 9 Ch. 1B inserted by 2022 c. 31 s. 96
- s. 105(3A) (3B) inserted by 2013 c. 24 Sch. 14 para. 21
- s. 106(3A) (3B) inserted by 2013 c. 24 Sch. 14 para. 22
- s. 259(1)(aa)(b) substituted for s. 259(1)(b) by 2022 c. 31 s. 98(b)
- s. 259(1)(aa) words substituted by S.I. 2023/98 Sch. para. 17(11)(a)(iii) (This amendment comes in force at the same time as 2022 c. 31, s. 98 comes into force)
- s. 259(10A)(10B) inserted by 2022 c. 31 s. 98(h)
- s. 261(5)(da) inserted by 2026 c. 8 s. 3(2)
- s. 261(5A) inserted by 2026 c. 8 s. 3(3)
- s. 261(6A)(6B) inserted by 2026 c. 8 s. 3(4)
PART 1The health service in England
Miscellaneous
49Primary care services: directions as to exercise of functions
(1)
“Directions
98AExercise of functions
(1)
The Secretary of State may direct the Board to exercise any of the Secretary of State’s functions relating to the provision of primary medical services.
(2)
Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations.
(3)
The Secretary of State may give directions to the Board about its exercise of any functions relating to the provision of primary medical services (including functions which the Board has been directed to exercise under subsection (1)).
(4)
The Board may direct a clinical commissioning group to exercise any of the Board’s functions relating to the provision of primary medical services.
(5)
The Board may give directions to a clinical commissioning group about the exercise by it of any functions relating to the provision of primary medical services (including functions which the group has been directed to exercise under subsection (4)).
(6)
Subsection (4) does not apply to such functions, or functions of such descriptions, as may be prescribed.
(7)
Where the Board gives a direction under subsection (4) or (5), it may disclose to the clinical commissioning group information it has about the provision of the primary medical services in question, if the Board considers it necessary or appropriate to do so in order to enable or assist the group to exercise the function specified in the direction.
(8)
A clinical commissioning group exercising a function specified in a direction under subsection (4) or (5) must report to the Board on matters arising out of the group’s exercise of the function.
(9)
A report under subsection (8) must be made in such form and manner as the Board may specify.
(10)
The Board may, in exercising its functions relating to the provision of the primary medical services in question, have regard to a report under subsection (8).”
(2)
“Directions
114AExercise of functions
(1)
The Secretary of State may direct the Board to exercise any of the Secretary of State’s functions relating to the provision of primary dental services.
(2)
Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations.
(3)
The Secretary of State may give directions to the Board about its exercise of any functions relating to the provision of primary dental services (including functions which the Board has been directed to exercise under subsection (1)).”
(3)
“Directions
125AExercise of functions
(1)
The Secretary of State may direct the Board to exercise any of the Secretary of State’s functions relating to the provision of primary ophthalmic services.
(2)
Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations.
(3)
The Secretary of State may give directions to the Board about its exercise of any functions relating to the provision of primary ophthalmic services (including functions which the Board has been directed to exercise under subsection (1)).
(4)
The Board may direct a clinical commissioning group, a Special Health Authority or such other body as may be prescribed to exercise any of the Board’s functions relating to the provision of primary ophthalmic services.
(5)
The Board may give directions to a clinical commissioning group, a Special Health Authority or such other body as may be prescribed about the exercise by the body of any functions relating to the provision of primary ophthalmic services (including functions which it has been directed to exercise under subsection (4)).
(6)
Subsection (4) does not apply to such functions, or functions of such descriptions, as may be prescribed.
(7)
Where the Board gives a direction to a body under subsection (4) or (5), it may disclose to the body the information it has about the provision of the primary ophthalmic services in question, if the Board considers it necessary or appropriate to do so in order to enable or assist the body to exercise the function specified in the direction.
(8)
A body which is given a direction under subsection (4) or (5) must report to the Board on matters arising out of the exercise of the function to which the direction relates.
(9)
A report under subsection (8) must be made in such form and manner as the Board may specify.
(10)
The Board may, in exercising its functions relating to the provision of the primary ophthalmic services in question, have regard to a report under subsection (8).”
(4)
“Directions
168AExercise of functions
(1)
The Secretary of State may direct the Board to exercise any of the Secretary of State’s functions relating to services that may be provided as pharmaceutical services, or as local pharmaceutical services, under this Part.
(2)
Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations.
(3)
The Secretary of State may give directions to the Board about its exercise of any functions relating to pharmaceutical services or to local pharmaceutical services (including functions which the Board has been directed to exercise under subsection (1)).”