National Health Service Act 2006

[F1 125A Exercise of functions E+W

(1) The Secretary of State may direct [F2 NHS England] to exercise any of the Secretary of State's functions relating to the provision of primary ophthalmic services.

(2) Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations.

(3) The Secretary of State may give directions to [F2 NHS England] about its exercise of any functions relating to the provision of primary ophthalmic services (including functions which [F2 NHS England] has been directed to exercise under subsection (1)).

(4) [F2 NHS England] may direct a clinical commissioning group, a Special Health Authority or such other body as may be prescribed to exercise any of [F2 NHS England’s] functions relating to the provision of primary ophthalmic services.

(5) [F2 NHS England] may give directions to a clinical commissioning group, a Special Health Authority or such other body as may be prescribed about the exercise by the body of any functions relating to the provision of primary ophthalmic services (including functions which it has been directed to exercise under subsection (4)).

(6) Subsection (4) does not apply to such functions, or functions of such descriptions, as may be prescribed.

(7) Where [F2 NHS England] gives a direction to a body under subsection (4) or (5), it may disclose to the body the information it has about the provision of the primary ophthalmic services in question, if [F2 NHS England] considers it necessary or appropriate to do so in order to enable or assist the body to exercise the function specified in the direction.

(8) A body which is given a direction under subsection (4) or (5) must report to [F2 NHS England] on matters arising out of the exercise of the function to which the direction relates.

(9) A report under subsection (8) must be made in such form and manner as [F2 NHS England] may specify.

(10) [F2 NHS England] may, in exercising its functions relating to the provision of the primary ophthalmic services in question, have regard to a report under subsection (8).]

Textual Amendments

F1 S. 125A and cross-heading inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 49(3), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F2 Words in Act substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Modifications etc. (not altering text)

C1 S. 125A modified (temp.) (1.7.2022) by The Health and Care Act 2022 (Commencement No. 2 and Transitional and Saving Provision) Regulations 2022 (S.I. 2022/734), reg. 22(2)(4) (with regs. 13, 29, 30)