PART 1The health service in England

Arrangements for provision of health services

I1I222Exercise of public health functions of the Secretary of State

After section 7 of the National Health Service Act 2006 insert—

Exercise of Secretary of State's public health functions

7AExercise of Secretary of State's public health functions

1

The Secretary of State may arrange for a body mentioned in subsection (2) to exercise any of the public health functions of the Secretary of State.

2

Those bodies are—

a

the Board;

b

a clinical commissioning group;

c

a local authority (within the meaning of section 2B).

3

The power conferred by subsection (1) includes power to arrange for such a body to exercise any functions of the Secretary of State that are exercisable in connection with those functions (including the powers conferred by section 12).

4

Where the Secretary of State arranges (under subsection (1)) for the Board to exercise a function, the Board may arrange for a clinical commissioning group to exercise that function.

5

Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by a body mentioned in subsection (2) of any function exercisable by it by virtue of this section are enforceable by or against that body (and no other person).

6

Powers under this section may be exercised on such terms as may be agreed, including terms as to payment.