PART 3

Secretary of State's powers to transfer or delegate functions

Power to provide for exercise of functions of Secretary of State
104
1
The Secretary of State may by regulations provide for a relevant body to exercise specified functions of the Secretary of State on behalf of the Secretary of State.
2
The functions that may be specified are —
a
any functions of the Secretary of State which relate to the health service in England;
b
any other functions that the Secretary of State may provide for a Special Health Authority to exercise.
3
The provision which may be made by regulations under this section by virtue of section 183(1)(a) includes provision—
a
modifying functions of the relevant body (see further section 105(1));
b
modifying the constitutional or funding arrangements of the relevant body (see further section 105(2) and (3)).
4
Where—
a
regulations under this section contain provision for a relevant body to exercise a function of the Secretary of State that is exercisable in relation to Scotland, Wales or Northern Ireland,
b
immediately before that provision takes effect, the Secretary of State’s function is exercisable by a body whose constitutional arrangements contain provision (however expressed) for the body to include a member whose experience, functions or appointment are connected with that part of the United Kingdom, and
c
the Secretary of State considers that the relevant body’s constitutional arrangements do not contain corresponding provision as to membership,
the Secretary of State must make provision by virtue of section 183(1)(a) modifying the relevant body’s constitutional arrangements so that they contain corresponding provision as to membership.
5
Regulations under this section may make provision for determining whether and in what circumstances the Secretary of State or a relevant body is liable for the exercise of the specified functions by the relevant body.
6
The specification of a function in regulations under this section does not preclude the Secretary of State from exercising the function.
7
In this section “the health service” has the same meaning as in the National Health Service Act 2006 (see section 275(1) of that Act).
S. 104 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
S. 104 not in force at Royal Assent, see s. 186(6)