National Health Service Act 2006

[F1 Emergencies: role of the Secretary of State, [F2 NHS England] and [F3 integrated care boards]] E+W

Textual Amendments

F1 S. 253 cross-heading substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 46, 306(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)

F3 Words in s. 252A cross-heading substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 123; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[F4 252A Role of [F2 NHS England] and [F5 integrated care boards] in respect of emergencies E+W

(1) [F2 NHS England] and each [F6 integrated care board] must take appropriate steps for securing that it is properly prepared for dealing with a relevant emergency.

(2) [F2 NHS England] must take such steps as it considers appropriate for securing that each [F7 integrated care board] is properly prepared for dealing with a relevant emergency.

(3) The steps taken by [F2 NHS England] under subsection (2) must include monitoring compliance by each [F8 integrated care board] with its duty under subsection (1).

(4) [F2 NHS England] must take such steps as it considers appropriate for securing that each relevant service provider is properly prepared for dealing with a relevant emergency.

(5) The steps taken by [F2 NHS England] under subsection (4) must include monitoring compliance by the service provider with any requirements imposed on it by its service arrangements for the purpose of securing that it is properly prepared for dealing with a relevant emergency.

(6) [F2 NHS England] may take such steps as it considers appropriate for facilitating a co-ordinated response to an emergency by the [F9 integrated care boards] and relevant service providers for which it is a relevant emergency.

(7) [F2 NHS England] may arrange for any body or person to exercise any functions of [F2 NHS England] under subsections (2) to (6).

(8) Where [F2 NHS England] makes arrangements with another body or person under subsection (7) it may also arrange for that other body or person to exercise any functions that [F2 NHS England] has, by virtue of being a Category 1 responder, under Part 1 of the Civil Contingencies Act 2004.

(9) A relevant service provider must appoint an individual to be responsible for—

(a) securing that the provider is properly prepared for dealing with a relevant emergency,

(b) securing that the provider complies with any requirements mentioned in subsection (5), and

(c) providing [F2 NHS England] with such information as it may require for the purpose of discharging its functions under this section.

(10) In this section—

• “relevant emergency”—

  (a)

  in relation to [F2 NHS England] or [F10 an integrated care board], means any emergency which might affect [F2 NHS England] or [F11 the board] (whether by increasing the need for the services that it may arrange or in any other way);

  (b)

  in relation to a relevant service provider, means any emergency which might affect the provider (whether by increasing the need for the services that it may provide or in any other way);

• “relevant service provider” means any body or person providing services in pursuance of service arrangements;

• [F12 “service arrangements” means arrangements made by virtue of this Act for the provision of services.]]

Textual Amendments

F4 S. 252A inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 46, 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F5 Words in s. 252A heading substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 124(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F6 Words in s. 252A(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 124(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F7 Words in s. 252A(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 124(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F8 Words in s. 252A(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 124(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F9 Words in s. 252A(6) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 124(4); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F10 Words in s. 252A(10) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 124(5)(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F11 Words in s. 252A(10) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 124(5)(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F12 Words in s. 252A(10) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 9 para. 13; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

253 Emergency powers E+W

(1) The Secretary of State may give directions under this section if he considers that by reason of an emergency [F13 it is appropriate to do so].

[F14 (1A) A direction under this section may be given to—

(a) an NHS body other than a Local Health Board;

(b) the National Institute for Health and Care Excellence;

F15 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) any body or person, other than an NHS body, providing services in pursuance of arrangements made [F16 by virtue of this Act].]

(2) [F17 In relation to a body [F18 within any paragraph of subsection (1A) other than paragraph (d)], the powers conferred by this section may be exercised—

(a) to give directions to the body about the exercise of any of its functions;

(b) to direct the body to cease to exercise any of its functions for a specified period;

(c) to direct the body to exercise any of its functions concurrently with another body or person for a specified period;

(d) to direct the body to exercise any function conferred on another body or person under or by virtue of this Act for a specified period (whether to the exclusion of, or concurrently with, that body or person).

(2A) In relation to a body or person within subsection (1A)(d), the powers conferred by this section may be exercised—

(a) to give directions to the body or person about the provision of any services that it provides in pursuance of arrangements mentioned in subsection (1A)(d);

(b) to direct the body or person to cease to provide any of those services for a specified period;

(c) to direct the body or person to provide other services for the purposes of the health service for a specified period.]

[F19 (2B) The Secretary of State may direct [F2 NHS England] to exercise the functions of the Secretary of State under this section.

(2C) The Secretary of State may give directions to [F2 NHS England] about its exercise of any functions that are the subject of a direction under subsection (2B).

(2D) In this section, “specified” means specified in the direction.]

(3) The powers conferred on the Secretary of State by this section are in addition to any other powers exercisable by him.

F20 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Words in s. 253(1) substituted (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. 47(2), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F14 S. 253(1A) 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. 47(3), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F15 S. 253(1A)(c) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 10(7)(a) (with reg. 3)

F16 Words in s. 253(1A)(d) substituted for s. 253(1A)(d)(i)-(iv) (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 9 para. 14; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F17 S. 253(2)(2A) substituted for s. 253(2) (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. 47(4), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F18 Words in s. 253(2) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 10(7)(b) (with reg. 3)

F19 S. 253(2B)-(2D) 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. 47(5), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F20 S. 253(4) omitted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by virtue of Health and Social Care Act 2012 (c. 7), ss. 47(6), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)