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Part 13U.K.Miscellaneous

[F1Emergencies: role of the Secretary of State, [F2NHS England] and [F3integrated care boards]]E+W

Textual Amendments

[F4252ARole of [F2NHS England] and [F5integrated care boards] in respect of emergenciesE+W

(1)[F2NHS England] and each [F6integrated care board] must take appropriate steps for securing that it is properly prepared for dealing with a relevant emergency.

(2)[F2NHS England] must take such steps as it considers appropriate for securing that each [F7integrated care board] is properly prepared for dealing with a relevant emergency.

(3)The steps taken by [F2NHS England] under subsection (2) must include monitoring compliance by each [F8integrated care board] with its duty under subsection (1).

(4)[F2NHS 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 [F2NHS 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)[F2NHS England] may take such steps as it considers appropriate for facilitating a co-ordinated response to an emergency by the [F9integrated care boards] and relevant service providers for which it is a relevant emergency.

(7)[F2NHS England] may arrange for any body or person to exercise any functions of [F2NHS England] under subsections (2) to (6).

(8)Where [F2NHS 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 [F2NHS 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 [F2NHS England] with such information as it may require for the purpose of discharging its functions under this section.

(10)In this section—

Textual Amendments

253Emergency powersE+W

(1)The Secretary of State may give directions under this section if he considers that by reason of an emergency [F13it 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F16(ca)the Health Services Safety Investigations Body;]

(d)any body or person, other than an NHS body, providing services in pursuance of arrangements made [F17by virtue of this Act].]

(2)[F18In relation to a body [F19within 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.]

[F20(2B)The Secretary of State may direct [F2NHS England] to exercise the functions of the Secretary of State under this section.

(2C)The Secretary of State may give directions to [F2NHS 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.

F21(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13Words 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)

F14S. 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)

F17Words 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)

F18S. 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)

F20S. 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)

F21S. 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)