Functions of the Secretary of State to be exercised by the NHS Litigation AuthorityU.K.
117.—(1) The NHS Litigation Authority must exercise the following functions of the Secretary of State—
(a)the functions relating to receiving and determining any appeal in relation to which Schedule 3 has effect, including all of the functions of the Secretary of State under that Schedule (which include determining whether certain persons have rights of appeal);
(b)the functions relating to being contacted about, and providing, information under—
(i)regulation 33(2),
(ii)regulation 86(2), and
(iii)paragraph 23(1)(b) of Schedule 2;
(c)the function of providing consent under regulation 76(1);
(d)the function of receiving notifications under regulation 88(2)(a);
(e)the functions relating to receiving and determining an appeal under—
(i)paragraph 25(7) to (9) of Schedule 4,
(ii)paragraph 26(9) to (11) of Schedule 4,
(iii)paragraph 15(7) to (9) of Schedule 5, and
(iv)paragraph 16(9) to (11) of Schedule 5;
(f)subject to paragraph (2), the functions under the terms of LPS schemes that give effect to the following provisions—
(i)paragraph 21 of Schedule 7,
(ii)paragraph 22 of Schedule 7, and
(iii)paragraph 23 of Schedule 7;
(g)the functions under the terms of LPS pilot schemes which relate to receiving and determining appeals by providers of piloted services with regard to the determination of premises opening hours;
(h)subject to paragraph (2), the functions under the terms of LPS pilot schemes which relate to dispute resolution; and
(i)the functions relating to—
(i)receiving and determining any appeal which, by virtue of Schedule 9, the Secretary of State is required to determine, and
(ii)dispute resolution which, by virtue of Schedule 9, the Secretary of State is required to perform,
under the 2005 Regulations, the 2012 Regulations or the terms of an LPS scheme, including the incidental functions of the Secretary of State relating to such appeals or dispute resolution (for example, determining whether certain persons have rights of appeal and applying the continuity principles as appropriate).
(2) The NHS Litigation Authority must not, pursuant to paragraph (1)(f) or (h), exercise the Secretary of State's functions that the First-tier Tribunal is required to exercise by virtue of regulation 113.
(3) The NHS Litigation Authority is to exercise the powers of the Secretary of State under section 2 of the 2006 Act (Secretary of State's general power) to do anything that is calculated to facilitate, or is conducive or incidental to, the discharge of any function of the Secretary of State that the NHS Litigation Authority is exercising by virtue of paragraph (1), but only to the extent that it is necessary for the proper exercise of that function.