PART 1The health service in England
Arrangements for provision of health services
I1I222Exercise of public health functions of the Secretary of State
After section 7 of the National Health Service Act 2006 insert—
Exercise of Secretary of State's public health functions
7AExercise of Secretary of State's public health functions
1
The Secretary of State may arrange for a body mentioned in subsection (2) to exercise any of the public health functions of the Secretary of State.
2
Those bodies are—
a
the Board;
b
a clinical commissioning group;
c
a local authority (within the meaning of section 2B).
3
The power conferred by subsection (1) includes power to arrange for such a body to exercise any functions of the Secretary of State that are exercisable in connection with those functions (including the powers conferred by section 12).
4
Where the Secretary of State arranges (under subsection (1)) for the Board to exercise a function, the Board may arrange for a clinical commissioning group to exercise that function.
5
Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by a body mentioned in subsection (2) of any function exercisable by it by virtue of this section are enforceable by or against that body (and no other person).
6
Powers under this section may be exercised on such terms as may be agreed, including terms as to payment.