National Health Service Act 2006 (c. 41)

Part 13 U.K. Miscellaneous

[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)