Any power to make regulations conferred by a provision of the National Health Service Act 2006 which is a provision corresponding to a provision of the National Health Service Act 1977 (c. 49) or of Part 1 of the National Health Service and Community Care Act 1990 (c. 19) is, if the Treasury so directs, exercisable by the Treasury and the Secretary of State acting jointly.

Sub-paragraph (1) does not apply to a power to make regulations conferred by section 172(1)(a) or 179(3) or (5) of the National Health Service Act 2006.