National Health Service Act 2006 (c. 41)

Part 14 E+W Supplementary

273 Further provision about orders and directions under this Act E+W

(1) Where under or by virtue of any provision of this Act—

(a) an order may be made, or

(b) directions may be given,

that provision includes power to vary or revoke the order or directions by subsequent order or by subsequent directions.

(2) Subsection (1) does not affect section 14(b) of the Interpretation Act 1978 (c. 30).

(3) A direction under this Act [F1 by [F2 NHS England]] must be given by an instrument in writing.

(4) A direction under this Act by the Secretary of State must be given—

(a) (subject to paragraphs (b) and (c)) by an instrument in writing,

(b) in the case of a direction under—

[F3 (zi) section 7 about a function of a person other than the Secretary of State,]

(i) section 7 about a function [F4 of the Secretary of State] under section 4, 197 or 198, or

(ii) section [F5 169(3) or] 199(2),

by regulations,

(c) in the case of—

(i) any other direction under section 7, or

(ii) a direction under section 8, [F6 13Z1,] F7 ... 87, 94(4), 103, 109(4) [F8 , 120 or 253],

by regulations or an instrument in writing.

(5) Subsection (4) does not apply to a direction under section 88 (as to which, see that section).

Textual Amendments

F1 Words in s. 273(3) substituted (1.10.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 137(2); S.I. 2012/1831, art. 2(2) (with art. 12)

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 S. 273(4)(b)(zi) inserted (27.3.2012 for specified purposes, 1.10.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 21(6)(a), 306(1)(d)(4) (with Sch. 6 para. 5(3)); S.I. 2012/1831, art. 2(2) (with art. 12)

F4 Words in s. 273(4)(b)(i) inserted (27.3.2012 for specified purposes, 1.10.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 21(6)(b), 306(1)(d)(4) (with Sch. 6 para. 5(3)); S.I. 2012/1831, art. 2(2) (with art. 12)

F5 Words in s. 273(4)(b)(ii) inserted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 126(a) (with Sch. 5)

F6 Word in s. 273(4)(c)(ii) inserted (1.10.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 137(3)(a); S.I. 2012/1831, art. 2(2) (with art. 12)

F7 Word in s. 273(4)(c)(ii) omitted (1.10.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 137(3)(b); S.I. 2012/1831, art. 2(2) (with art. 12)

F8 Words in s. 273(4)(c)(ii) 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(7), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Modifications etc. (not altering text)

C1 S. 273 applied (1.3.2007) by National Health Service (Wales) Act 2006 (c. 42), ss. 208(1), 209(4) (with s. 19(3))

C2 S. 273(1) applied by 2007 c. 18, s. 42(5B) (as 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. 287(3), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9))