Part 1Promotion and provision of the health service in England

Exercise of Secretary of State's public health functions

F17CPower of direction: investigation functions

(1)

The Secretary of State may direct—

(a)

NHS England, or

(b)

any other public body,

to exercise any of the investigation functions which are specified in the direction.

(2)

A direction under subsection (1) may include provision prohibiting or restricting the body directed from making delegation arrangements in relation to a function that is exercisable by it by virtue of the direction.

(3)

In subsection (2) “delegation arrangements” means arrangements made by a person for the exercise of a function by someone else.

(4)

The Secretary of State may make payments to NHS England or any other body in respect of the exercise by it of a function by virtue of a direction under subsection (1).

(5)

The Secretary of State may give directions to any body on whom functions are conferred by virtue of subsection (1)(b) as to the exercise of those functions.

(6)

For power to give directions to NHS England as to the exercise of functions, see section 13ZC.

(7)

As soon as reasonably practicable after giving a direction under subsection (1) or (5), the Secretary of State must publish it.

(8)

Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by NHS England or any other body of any function by virtue of this section are enforceable by or against it (and no other person).

(9)

In this section “the investigation functions” are functions which, immediately before the coming into force of section 36 of the Health and Care Act 2022, were exercised by the Special Health Authority called the National Health Service Trust Development Authority pursuant to—

(a)

the National Health Service Trust Development Authority (Healthcare Safety Investigation Branch) Directions 2016 made under sections 7 and 8 of the National Health Service Act 2006, or

(b)

the National Health Service Trust Development Authority (Healthcare Safety Investigation Branch) (Additional Investigatory Functions in respect of Maternity Cases) Directions 2018 made under sections 7 and 8 of the National Health Service Act 2006.