Health Act 2006

48 Delegation of functions

(1) The appropriate national authority may direct a Special Health Authority to exercise so much of the appropriate national authority’s functions under sections 46 and 47 as is specified in the directions (“the delegated functions”).

(2) The appropriate national authority may give directions providing for senior officers of the Authority to exercise the delegated functions on behalf of the Authority.

• “Senior officer” means an officer of or above a level specified in the directions.

(3) Any directions under subsection (1) or (2) must be given in regulations made by the appropriate national authority.

(4) The appropriate national authority may by regulations make such provision as the authority considers appropriate in connection with the exercise of the delegated functions.

(5) The regulations may, in particular, make provision—

(a) specifying conditions as to training that must be satisfied in relation to officers of the Authority involved in the exercise of the delegated functions;

(b) for requiring officers to obtain specific authorisation before the delegated functions are exercised in relation to personal records;

(c) providing for the designation of officers for the purpose of giving such authorisations;

(d) otherwise prescribing the manner in which the delegated functions may be exercised.

(6) If the appropriate national authority gives a direction under subsection (1), the 1977 Act has effect as if—

(a) the direction is a direction of the authority under section 16D of that Act; and

(b) the delegated functions are exercisable by the Special Health Authority under section 16D.