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Version Superseded: 01/04/2023
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Care Act 2014, Section 97 is up to date with all changes known to be in force on or before 04 September 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)HEE must perform on behalf of the Secretary of State the duty under section 1F(1) of the National Health Service Act 2006 (planning and delivery of education and training), so far as that duty applies to the functions of the Secretary of State under—
(a)section 63(1) and (5) of the Health Services and Public Health Act 1968 (instruction for officers of hospital authorities etc.),
(b)section 258(1) of the National Health Service Act 2006 (university clinical teaching and research), and
(c)such other of the enactments listed in section 1F(3) of that Act as regulations may specify.
(2)Regulations may—
(a)provide for the duty under section 1F(1) of the National Health Service Act 2006 to apply to such other functions of the Secretary of State as are specified; and
(b)impose on HEE a duty to perform the duty as it applies as a result of provision made under paragraph (a).
(3)Regulations may provide that the duty under subsection (1) or a duty imposed under subsection (2) may only be performed, or may not be performed, in relation to persons of a specified description.
(4)In each of the following provisions of the National Health Service Act 2006, after “the Secretary of State” insert “ and Health Education England ”
(a)section 1F(2) (duty on providers of health services to support system of education and training for health care workers);
(b)section 13M (duty on National Health Service Commissioning Board to support that system);
(c)section 14Z (duty on clinical commissioning groups to support that system).
(5)Regulations may give HEE further functions relating to education and training for health care workers.
(6)HEE may, with the consent of the Secretary of State, carry out other activities relating to—
(a)education and training for health care workers;
(b)the provision of information and advice on careers in the health service.
(7)After section 63(6) of the Health Services and Public Health Act 1968 insert—
“(6A)The Secretary of State may make such other payments as the Secretary of State considers appropriate to persons availing themselves of such instruction in England.
(6B)The Secretary of State may make a payment under subsection (6)(b) or (6A) subject to such terms and conditions as the Secretary of State decides; and the Secretary of State's power to make such a payment includes power to suspend or terminate the payment, or to require repayment, in such circumstances as the Secretary of State decides.”
(8)The power of the Secretary of State under section 63(6) or (6A) of the Health Services and Public Health Act 1968 is exercisable concurrently with HEE; but, in exercising the power, HEE must have regard to any guidance or other information issued by the Secretary of State about its exercise.
(9)“Health care workers” means persons in relation to whom HEE's duty under section 1F(1) of the National Health Service Act 2006 is to be performed.
Commencement Information
I1S. 97(7) in force at 1.10.2014 by S.I. 2014/2473, art. 4(2)(a)
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