Part 13Miscellaneous
F6Emergencies: role of the Secretary of State, F8NHS England and F7integrated care boards
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)
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)
253Emergency powers
1
The Secretary of State may give directions under this section if he considers that by reason of an emergency F2it is appropriate to do so.
F31A
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;
F10c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12ca
the Health Services Safety Investigations Body;
d
any body or person, other than an NHS body, providing services in pursuance of arrangements made F9by virtue of this Act.
2
F4In relation to a body F11within 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.
F12B
The Secretary of State may direct F8NHS England to exercise the functions of the Secretary of State under this section.
2C
The Secretary of State may give directions to F8NHS 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.
F54
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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)