Legislation – Health and Care Act 2022

“7AExercise of Secretary of State’s public health functions

(1)

The Secretary of State may arrange 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,

(b)

an integrated care board,

(c)

a local authority (within the meaning of section 2B),

(d)

a combined authority, or

(e)

such other body as may be prescribed.

(3)

Arrangements under this section may be made on such terms as may be agreed between the parties including—

(a)

terms as to payment;

(b)

terms prohibiting or restricting a relevant body from making delegation arrangements in relation to a function that is exercisable by it by virtue of arrangements under this section.

(4)

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

(5)

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 that body (and no other person).

(6)

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).”