Legislation – Health and Care Act 2022

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PART 1Health service in England: integration, collaboration and other changes

NHS England

13Exercise of functions relating to provision of services

(1)

The National Health Service Act 2006 is amended as follows.

(2)

After section 13YA (inserted by section 12 of this Act) insert—

“Discharge of functions

13YBDirections in respect of functions relating to provision of services

(1)

NHS England may by direction provide for any of its relevant functions to be exercised by one or more integrated care boards.

(2)

In this section “relevant function” means—

(a)

any function of NHS England under section 3B(1) (commissioning functions);

(b)

any function of NHS England, not within paragraph (a), that relates to the provision of—

(i)

primary medical services,

(ii)

primary dental services,

(iii)

primary ophthalmic services, or

(iv)

services that may be provided as pharmaceutical services, or as local pharmaceutical services, under Part 7;

(c)

any function of NHS England by virtue of section 7A or 7B (exercise of Secretary of State’s public health functions);

(d)

any other functions of NHS England so far as exercisable in connection with any functions within paragraphs (a) to (c).

(3)

Regulations may—

(a)

provide that the power in subsection (1) does not apply, or applies only to a prescribed extent, in relation to a prescribed function;

(b)

impose conditions on the exercise of the power.

(4)

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

(5)

In subsection (4) “delegation arrangements” means arrangements made by a person for the exercise of a function by someone else.

(6)

NHS England may make payments to an integrated care board in respect of the exercise by it of a function by virtue of a direction under subsection (1).

(7)

NHS England may give directions to an integrated care board as to the exercise by it of any functions in pursuance of a direction under subsection (1).

(8)

As soon as reasonably practicable after giving a direction under subsection (1), NHS England must publish it.

(9)

Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by an integrated care board of any function by virtue of this section are enforceable by or against it (and no other person).”

(3)

In section 73 (directions and regulations under Part 2), in subsection (1), after paragraph (b) insert—

“(ba)

section 13YB,”.