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Health and Social Care Act 2012

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This is the original version (as it was originally enacted).

290Other duties to co-operate

This sectionnoteType=Explanatory Notes has no associated

(1)Monitor and each relevant body must co-operate with each other in the exercise of their respective functions.

(2)The Care Quality Commission and each relevant body must co-operate with each other in the exercise of their respective functions.

(3)The relevant bodies are—

(a)the National Health Service Commissioning Board,

(b)the National Institute for Health and Care Excellence,

(c)the Health and Social Care Information Centre, and

(d)Special Health Authorities which have functions that are exercisable in relation to England.

(4)The Secretary of State may by order amend subsection (3) so as to add to the list of relevant bodies a body that has functions relating to health.

(5)Where Monitor or the Care Quality Commission regulates an activity of a relevant body, the duty imposed by subsection (1) or (as the case may be) subsection (2) does not apply to—

(a)the exercise by Monitor or by the Commission of its function of regulating that activity;

(b)the exercise by the relevant body of any function in so far as it involves carrying on that activity.

(6)A reference in this section to regulating an activity includes a reference to—

(a)authorising the carrying on of the activity, imposing restrictions on the carrying on of the activity, and exercising functions in relation to such authorisations or restrictions;

(b)enforcing the performance of an obligation imposed (whether or not by provision made by or under an enactment) with respect to the carrying on of the activity;

(c)issuing guidance on the carrying on of the activity, the authorisation of the activity, restrictions on the activity, or the performance of obligation imposed with respect to the carrying on of the activity.

(7)For the purposes of this section and section 291, the functions of a Special Health Authority include such functions as it is directed to exercise under section 7 of the National Health Service Act 2006 (directions by Secretary of State).

(8)References in this section and section 291 to functions are references to functions so far as exercisable in relation to England.

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