(1)The Secretary of State may by regulations make provision for the purpose of giving effect to a healthcare agreement (including provision about payments).
(2)The Secretary of State may by regulations make provision authorising the Secretary of State to make a payment (otherwise than under a healthcare agreement) in respect of healthcare provided in a relevant country or territory, but only where the Secretary of State considers that exceptional circumstances justify the payment.
(3)In subsection (2) “relevant country or territory” means a country or territory, outside the United Kingdom, in respect of which there is a healthcare agreement.
(4)Regulations under this section may include provision about administrative arrangements (including provision about evidential requirements).
(5)Regulations under this section may—
(a)confer functions on a relevant public authority or a Scottish or Welsh health board (including discretions);
(b)provide for the delegation of functions to a relevant public authority or a Scottish or Welsh health board.
(6)The Secretary of State may give directions to a person about the exercise of any functions exercisable by the person under regulations made by virtue of subsection (5) (and may vary or revoke any such directions).
(7)In this section “relevant public authority” means a person who exercises functions of a public nature other than—
(a)the Scottish Ministers,
(b)a Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998),
(c)the Welsh Ministers,
(d)a devolved Welsh authority as defined by section 157A of the Government of Wales Act 2006,
(e)a Northern Ireland department, or
(f)any other person whose functions—
(i)are exercisable only or mainly in or as regards Northern Ireland, and
(ii)relate only or mainly to transferred matters within the meaning of the Northern Ireland Act 1998.
(8)In this section—
“Scottish health board” means a Health Board established under section 2(1)(a) of the National Health Service (Scotland) Act 1978;
“Welsh health board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.]
Textual Amendments
F1Ss. 2-2B substituted for s. 2 (18.8.2023) by Health and Care Act 2022 (c. 31), ss. 162(4), 186(6); S.I. 2023/821, reg. 2 (with reg. 3)