[F198AExercise of functionsE+W
(1)The Secretary of State may direct [F2NHS England] to exercise any of the Secretary of State's functions relating to the provision of primary medical services.
(2)Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations.
(3)The Secretary of State may give directions to [F2NHS England] about its exercise of any functions relating to the provision of primary medical services (including functions which [F2NHS England] has been directed to exercise under subsection (1)).
(4)[F2NHS England] may direct a clinical commissioning group to exercise any of [F2NHS England’s] functions relating to the provision of primary medical services.
(5)[F2NHS England] may give directions to a clinical commissioning group about the exercise by it of any functions relating to the provision of primary medical services (including functions which the group has been directed to exercise under subsection (4)).
(6)Subsection (4) does not apply to such functions, or functions of such descriptions, as may be prescribed.
(7)Where [F2NHS England] gives a direction under subsection (4) or (5), it may disclose to the clinical commissioning group information it has about the provision of the primary medical services in question, if [F2NHS England] considers it necessary or appropriate to do so in order to enable or assist the group to exercise the function specified in the direction.
(8)A clinical commissioning group exercising a function specified in a direction under subsection (4) or (5) must report to [F2NHS England] on matters arising out of the group's exercise of the function.
(9)A report under subsection (8) must be made in such form and manner as [F2NHS England] may specify.
(10)[F2NHS England] may, in exercising its functions relating to the provision of the primary medical services in question, have regard to a report under subsection (8).]
Textual Amendments
F1S. 98A and cross-heading 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. 49(1), 306(1)(d)(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F2Words 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)
Modifications etc. (not altering text)
C1S. 98A modified (temp.) (1.7.2022) by The Health and Care Act 2022 (Commencement No. 2 and Transitional and Saving Provision) Regulations 2022 (S.I. 2022/734), reg. 22(1)(3) (with regs. 13, 29, 30)