Section 55 Health service functions: application of existing limitations on devolutionI1

Section 18 of the Cities and Local Government Devolution Act 2016 (devolving health service functions) is amended in accordance with this section.

In subsection (1)—

In subsection (2), in the words after paragraph (h), for the words from “transferable” to the end substitute “transferable by a devolution of functions SI.”

In subsection (7), in the words before paragraph (a), for “2022” substitute “2023”.

After subsection (7) insert—

“(7A)

For the purposes of this section, a function is transferred by regulations under Part 1 or 6 of Schedule 27 to the 2026 Act if provision under paragraph 1(1), 2(1) or 3(1) of that Schedule conferring the function is made, including such provision made by virtue of Part 6 of that Schedule.”.

In subsection (8), for the words from “transferred” to the end substitute “transferred to it by a devolution of functions SI.”

For subsection (9) substitute—

“(9)

In this section—

• “the 2009 Act” means the Local Democracy, Economic Development and Construction Act 2009;

• “the 2023 Act” means the Levelling-up and Regeneration Act 2023;

• “the 2026 Act” means the English Devolution and Community Empowerment Act 2026;

• “category of strategic authority” has the same meaning as in the 2026 Act (see section 101(1) of that Act);

• “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

• “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

• “devolution of functions SI” means any of the following—

  1. (a)

     regulations under section 16 of this Act;

  2. (b)

     an order under section 105A of the 2009 Act (conferral of functions of public authority on combined authority);

  3. (c)

     regulations under section 19(1) of the 2023 Act (conferral of functions of public authority on combined county authority);

  4. (d)

     regulations under Part 1 or 6 of Schedule 27 to the 2026 Act (conferral of functions of public authority on category of strategic authority);

• “the health service” has the meaning given by section 275(1) of the NHSA 2006.”.