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National Health Service Act 2006, Section 78 is up to date with all changes known to be in force on or before 31 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)If the Secretary of State is of the opinion—
(a)that a body to which this section applies (“the failing body”) is not exercising any of its functions adequately, and
(b)that it would be likely to lead to an improvement in the way in which that function is exercised if it were to be exercised—
(i)by another body to which this section applies under delegation arrangements, or
(ii)in accordance with pooled fund arrangements made with another such body,
the Secretary of State may direct those bodies to enter into such delegation arrangements or pooled fund arrangements in relation to the exercise of the appropriate function or functions as are specified in the direction.
(2)In subsection (1) “the appropriate function or functions” means—
(a)the function of the failing body mentioned in that subsection, and
(b)such other function of that body (if any) as the Secretary of State considers would, if exercised under or in accordance with the arrangements in question, be likely to contribute to an improvement in the exercise of the function referred to in paragraph (a).
(3)The bodies to which this section applies are—
F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)NHS trusts [F3established under section 25],
F4(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)local authorities,
but in subsections (1) and (2) any reference to functions is, in relation to a local authority, a reference only to relevant social services functions of the authority.
(4)In this section any reference to an improvement in the way in which any function is exercised includes an improvement in the provision to any individuals of any services to which that function relates.
(5)In this section—
“delegation arrangements” means arrangements falling within section 75(2)(b) or (c), whether or not made in conjunction with any pooled fund arrangements,
“
” has the meaning given by section 75(8),“pooled fund arrangements” means arrangements falling within section 75(2)(a),
“relevant social services functions” means health-related functions which are social services functions within the meaning of the Local Authority Social Services Act 1970 (c. 42).
Textual Amendments
F1S. 78(3)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 27(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F2S. 78(3)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 27(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F3Words in s. 78(3)(c) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 21 para. 11(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F4S. 78(3)(d) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 21 para. 11(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
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