Part II

Compulsory Admission to Hospital and Guardianship

General provisions as to applications and recommendations

Requirement to exercise approval functions: England
12ZB
1
The Secretary of State may impose a requirement on
NHS England
(“
NHS England
”) or a Special Health Authority for an approval function of the Secretary of State to be exercisable by the Secretary of State concurrently—
a
with
NHS England
or (as the case may be) Special Health Authority, and
b
if an agreement under section 12ZA has effect, with the other person by whom the function is exercisable under that agreement.
2
The Secretary of State may, in particular, require the body concerned to exercise an approval function—
a
in all circumstances or only in specified circumstances;
b
in all areas or only in specified areas.
3
The Secretary of State may require the body concerned to exercise an approval function—
a
for a period specified in the requirement, or
b
for a period determined in accordance with the requirement.
4
Where a requirement under subsection (1) is imposed,
NHS England
or (as the case may be) Special Health Authority must comply with such instructions as the Secretary of State may give with respect to the exercise of the approval function.
5
An instruction under subsection (4) may be given in such form as the Secretary of State may determine.
6
The Secretary of State must publish instructions under subsection (4) in such form as the Secretary of State may determine.
7
Where
NHS England
or a Special Health Authority has an approval function by virtue of this section, the function is to be treated for the purposes of the National Health Service Act 2006 as a function that it has under that Act.
8
The Secretary of State may make payments in connection with the exercise of an approval function by virtue of this section.
Pt. II (ss. 2–34) modified by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), ss. 17(2), 78(2)
Part II (ss. 2-34) modified (E.W.) (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 5(1), Sch. 1 para.3 (with saving in s. 8); S.I. 1991/2488, art. 2
Ss. 12ZA-12ZC inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 38(1), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Words in s. 12ZB substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)