Health Protection Agency Act 2004

4 Functions: supplementary U.K.

(1) For the purpose of the exercise of its functions the Agency may do any of the following—

(a) engage in or commission research;

(b) obtain and analyse data and other information;

(c) provide laboratory services;

(d) provide other technical and clinical services;

(e) provide training in relation to matters in respect of which the Agency has functions;

(f) make available to any other body such persons, materials and facilities as it thinks appropriate;

(g) provide information and advice.

(2) The Agency may do anything which it thinks is—

(a) appropriate for facilitating, or

(b) incidental or conducive to,

the exercise of its functions.

(3) The power under subsection (2) includes power—

(a) to acquire by agreement or dispose of land and other property;

(b) to form or participate in the formation of companies;

(c) to enter into contracts;

(d) to acquire, produce, manufacture and supply goods;

(e) to develop and exploit ideas and exploit intellectual property;

(f) to provide accommodation.

(4) The Agency may make charges in respect of anything done in pursuance of its functions.

(5) The Agency is to be treated—

[F1 (a) as if—

(i) in section 256(3) and 257(2) of the National Health Service Act 2006 (power to make payments to local authorities in respect of the performance of functions), after “Primary Care Trust” (in each place) there were inserted “ or the Health Protection Agency ”, and

(ii) in section 194(3) and 195(2) of the National Health Service (Wales) Act 2006 (power to make payments to local authorities in respect of the performance of functions), after “Local Health Board” (in each place) there were inserted “ or the Health Protection Agency ”]

[F2 (b) as if, in section 76(1) of the National Health Service Act 2006 and section 34(1) of the National Health Service (Wales) Act 2006 (power of local authorities to make payments to certain NHS bodies in respect of the performance of functions), after “Strategic Health Authority” there were inserted “ , the Health Protection Agency, ”]

[F3 (c) as if, in section 75(8) of the National Health Service Act 2006 and section 33(8) of the National Health Service (Wales) Act 2006, after “NHS body” there were inserted “ includes the Health Protection Agency, but ”]

(d) for the purposes of sections 13 (payments by NHS bodies towards certain local authority expenditure) and 14 (payments by local authorities towards expenditure by NHS bodies on prescribed functions) of the Community Care and Health (Scotland) Act 2002 (asp 5) as if it is an NHS body within the meaning of that Act;

(e) for the purposes of section 15 of that Act (delegation etc. between local authorities and NHS bodies) as if it is an NHS body within the meaning of that Act.

(6) The Agency must exercise its functions efficiently and cost-effectively.

(7) The appropriate authority may direct the Agency to have regard, in exercising any of its functions, to such aspects of the policy of the authority as the authority directs.

(8) The Agency must comply with any direction under subsection (7).

(9) If the appropriate authority thinks that the Agency is to a significant extent—

(a) failing to discharge any of its functions, or

(b) failing to discharge any of its functions properly,

it may (after relevant consultation) give the Agency such a direction as it thinks appropriate for remedying that failure.

(10) If the Agency fails to comply or unreasonably delays in complying with a direction under subsection (9) the appropriate authority may, instead of the Agency, take such action as it thinks appropriate to remedy the failure.

(11) The disclosure of information to or by the Agency for the purposes of the exercise of a function which is the subject of an arrangement made by virtue of subsection (5)(c) or (e) or in pursuance of a duty of co-operation under section 5 does not breach any restriction on the disclosure of information (however imposed).

(12) But subsection (11) does not authorise a disclosure of information which contravenes the Data Protection Act 1998 (c. 29).

(13) Relevant consultation is consultation by the appropriate authority giving the direction with each of the persons mentioned in section 6 (if that person is not the authority) to the extent that the authority thinks that the exercise by the person of any function he has is likely to be affected in consequence of the giving of the direction.

Textual Amendments

F1 S. 4(5)(a) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 258(a) (with Sch. 3 Pt. 1)

F2 S. 4(5)(b) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 258(b) (with Sch. 3 Pt. 1)

F3 S. 4(5)(c) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 258(c) (with Sch. 3 Pt. 1)

Commencement Information

I1 S. 4 in force at 1.4.2005 by S.I. 2005/121, art. 2(2)