Part 4

The National Health Service
Chapter 3

Protection of NHS from fraud and other unlawful activities

Disclosure notices

Delegation of functions
48
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.