There shall be a body corporate to be known as the Health Protection Agency, or in Welsh Yr Asiantaeth Diogelu Iechyd, (in this Act referred to as the Agency).

Schedule 1 has effect in relation to the Agency.

The Secretary of State may (after consultation with the National Assembly) direct the Agency to exercise any function conferred on him by or under an enactment.

The National Assembly may (after consultation with the Secretary of State) direct the Agency to exercise any function conferred on it by or under an enactment.

The Scottish Ministers may by order confer on the Agency a function of any description falling within subsection (1) to the extent that it is exercisable within devolved competence.

An order under subsection (7) must be made by statutory instrument subject to annulment by a resolution of the Scottish Parliament.

The Department of Health, Social Services and Public Safety in Northern Ireland may by order confer on the Agency a function of any description falling within subsection (1) to the extent that it is exercisable for the purposes of a transferred matter.

An order under subsection (10) must be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).

The Agency must also exercise such of the functions which are exercisable at the date of commencement of this section by the National Radiological Protection Board as are specified in a direction given by the appropriate authority.

The appropriate authority may direct the Agency to exercise any other function in relation to protection from the risks mentioned in subsection (1).

If a Health and Safety body asks the Agency to enter into an agreement with the body for the Agency to carry out any of the body’s functions relating to radiation (whether ionising or not) on the body’s behalf, the appropriate authority may direct the Agency to do so.

A direction under this section must not be given unless the person giving the direction has consulted each of the other persons mentioned in section 6.

The Agency may make charges in respect of anything done in pursuance of its functions.

The Agency must exercise its functions efficiently and cost-effectively.

The appropriate authority may direct the Agency to have regard, in exercising any of its functions, to such aspects of the policy of the authority as the authority directs.

The Agency must comply with any direction under subsection (7).

If the Agency fails to comply or unreasonably delays in complying with a direction under subsection (9) the appropriate authority may, instead of the Agency, take such action as it thinks appropriate to remedy the failure.

The disclosure of information to or by the Agency for the purposes of the exercise of a function which is the subject of an arrangement made by virtue of subsection (5)(c) or (e) or in pursuance of a duty of co-operation under section 5 does not breach any restriction on the disclosure of information (however imposed).

But subsection (11) does not authorise a disclosure of information which contravenes the Data Protection Act 1998 (c. 29).

Relevant consultation is consultation by the appropriate authority giving the direction with each of the persons mentioned in section 6 (if that person is not the authority) to the extent that the authority thinks that the exercise by the person of any function he has is likely to be affected in consequence of the giving of the direction.

In the exercise of its functions the Agency must co-operate with other bodies which exercise functions relating to health or any other matter in relation to which the Agency also exercises functions.

A body other than the Agency mentioned in subsection (1) must co-operate with the Agency in the exercise by the body of any such function it has.

In subsection (1) the reference to other bodies includes bodies established outside the United Kingdom.

Except as otherwise provided for in this section the appropriate authority is the Secretary of State.

In relation to any function which is exercisable in relation to Wales by the National Assembly for Wales acting alone, the appropriate authority is the National Assembly.

In relation to any function which is exercisable for the purposes of a transferred matter (within the meaning of section 4(1) of the Northern Ireland Act 1998 (c. 47)), the appropriate authority is the Department of Health, Social Services and Public Safety in Northern Ireland.

In relation to any function which is exercisable within devolved competence (within the meaning of the Scotland Act 1998 (c. 46)), the appropriate authority is the Scottish Ministers.

In relation to any function which is exercisable in relation to any part of the United Kingdom by more than one of the persons mentioned in subsections (1) to (4), the appropriate authority is both or all (as the case may be) of those persons acting jointly.

The Secretary of State may make a scheme for the transfer of property, rights and liabilities of the bodies mentioned in subsection (2) to the Agency.

The Secretary of State must not make a scheme in respect of the body mentioned in subsection (2)(a) unless he first consults the National Assembly for Wales.

The appropriate authority may make a scheme for the transfer of property, rights and liabilities of a relevant body to the Agency.

If the appropriate authority varies or revokes a direction or order under section 2 or 3, it may make a scheme for the transfer of the rights and liabilities of the Agency specified in subsection (8) to a relevant transferee.

The rights and liabilities are the rights and liabilities relating to the contract of employment of any individual whose employment, in the opinion of the appropriate authority, relates wholly or principally to the Agency’s exercise of a removed function.

A removed function is a function which is the subject of the direction or order which the appropriate authority varies or revokes.

A relevant transferee is an entity which, following the variation or revocation of the direction or order, is to exercise the removed function.

The appropriate authority must not make a scheme under subsection (7) unless it first consults, in respect of the scheme, each person or body that it must consult in respect of the variation or revocation of the direction or order under section 2 or 3.

Schedule 2 makes provision in relation to a scheme under this section.

A direction under section 2(2), (3) or (4) must be given in regulations made by statutory instrument.

A statutory instrument making regulations giving a direction under section 2(2)(a) or (3) is subject to annulment in pursuance of a resolution of either House of Parliament.

In so far as any health care is provided by or for the Agency it is to be treated for the purposes of the standards provisions as an English NHS body.

Health care must be construed in accordance with section 45 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43).

The standards provisions are Chapters 2, 3 and 10 of Part 2 of that Act.

The references in section 53 of that Act (failings of bodies) to special measures are, in relation to the Agency, references to anything that may be done by the appropriate authority in pursuance of section 4 above.

Section 57 of that Act (studies as to economy and efficiency, etc.) does not apply to the Agency.

This section does not extend to Scotland and Northern Ireland.

Schedule 3 contains amendments.

Schedule 4 contains repeals.

A reference in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) to an enactment amended by Schedule 3 below must be taken to be a reference to the enactment as so amended.

Except as provided in subsection (3) the preceding provisions of this Act come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

Different days may be appointed for different purposes.

Paragraph 3 of Schedule 3 comes into force two months after the day on which this Act is passed.

The appropriate authority may by order make such provision as it thinks necessary or expedient in consequence of the coming into force of this Act (including provision amending, repealing or revoking any enactment passed or made before the passing of this Act).

An order made by the National Assembly for Wales must be made by statutory instrument.

Negative resolution and affirmative resolution must be construed in accordance with section 41 of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).