(1)The Secretary of State [F1or the Board] may form, or participate in forming, companies to provide facilities or services to persons or bodies exercising functions, or otherwise providing services, under this Act.
(2)The Secretary of State [F2or the Board] may, with a view to securing or facilitating the provision by companies of facilities or services to persons or bodies falling within subsection (1)—
(a)invest in the companies (whether by acquiring assets, securities or rights or otherwise), or
(b)provide loans and guarantees and make other kinds of financial provision to or in respect of them,
or both.
(3)For the purposes of subsections (1) and (2) it is immaterial that the facilities or services provided or to be provided by the companies in question are not provided or to be provided—
(a)only to persons or bodies falling within subsection (1), or
(b)to persons or bodies falling within subsection (1) only in their capacities as persons or bodies such as are mentioned in that provision.
(4)“Companies” means companies [F3as defined in section 1(1) of the Companies Act 2006] (c. 6).
(5)This section does not affect any powers of the Secretary of State [F4or the Board] exercisable otherwise than by virtue of this section.
Textual Amendments
F1Words in s. 223(1) inserted (1.10.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 117(1); S.I. 2012/1831, art. 2(2)
F2Words in s. 223(2) inserted (1.10.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 117(1); S.I. 2012/1831, art. 2(2)
F3Words in s. 223(4) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 258(2) (with art. 10)
F4Words in s. 223(5) inserted (1.10.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 117(1); S.I. 2012/1831, art. 2(2)
(1)Section 223 applies in relation to a clinical commissioning group as it applies in relation to the Board.
(2)But the powers conferred by that section are exercisable by a clinical commissioning group only for the purpose of securing improvement—
(a)in the physical and mental health of the people for whom it has responsibility for the purposes of section 3, or
(b)in the prevention, diagnosis and treatment of illness in such people.]
Textual Amendments
F5S. 223A inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 117(2); S.I. 2013/160, art. 2(2) (with arts. 7-9)