Health Protection Agency Act 2004

2 Health functions

(1) The Agency has the following functions in relation to health—

(a) the protection of the community (or any part of the community) against infectious disease and other dangers to health;

(b) the prevention of the spread of infectious disease;

(c) the provision of assistance to any other person who exercises functions in relation to the matters mentioned in paragraphs (a) and (b).

(2) The Agency also has such other functions in relation to health as—

(a) the Secretary of State (after consultation with the National Assembly for Wales) directs;

(b) the National Assembly (after consultation with the Secretary of State) directs.

(3) 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.

(4) 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.

(5) The giving of a direction under subsection (3) or (4) does not—

(a) transfer the function to the Agency;

(b) prevent the exercise of the function by the Secretary of State or the National Assembly (as the case may be).

(6) Subsection (1) does not apply to a function to the extent that it—

(a) is exercisable within devolved competence (within the meaning of the Scotland Act 1998 (c. 46));

(b) relates to a transferred matter (within the meaning of section 4(1) of the Northern Ireland Act 1998 (c. 47)).

(7) 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.

(8) An order under subsection (7) must not be made—

(a) for the purpose of conferring a function unless the Scottish Ministers have obtained the agreement of the Secretary of State;

(b) for the purpose of removing a function unless the Scottish Ministers have consulted the Secretary of State.

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

(10) 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.

(11) An order under subsection (10) must not be made—

(a) for the purpose of conferring a function unless the Department has obtained the agreement of the Secretary of State;

(b) for the purpose of removing a function unless the Department has consulted the Secretary of State.

(12) 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.)).