Section 2A Healthcare agreements and payments: powers of devolved authoritiesF1
A devolved authority may by regulations make provision for the purpose of giving effect to a healthcare agreement (including provision about payments).
No provision may be made by a devolved authority under subsection (1) unless the provision is within the devolved competence of that devolved authority (and any applicable consent requirement under section 2B has been complied with).
In this section “devolved authority” means the Scottish Ministers, the Welsh Ministers or a Northern Ireland department.
For the purposes of this section—
provision is within the devolved competence of the Scottish Ministers if it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament;
provision is within the devolved competence of the Welsh Ministers if it would be within the legislative competence of Senedd Cymru if it were contained in an Act of Senedd Cymru (including any provision that could only be made with the consent of a Minister of the Crown);
provision is within the devolved competence of a Northern Ireland department if it would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly.
Regulations under this section may include provision about administrative arrangements (including provision about evidential requirements).
Regulations under this section may—
confer functions on a public authority (including discretions);
provide for the delegation of functions to a public authority.
A devolved authority may give directions to a person about the exercise of any functions exercisable by the person under regulations made by that devolved authority by virtue of subsection (6) (and may vary or revoke any such directions).
In this section “public authority” means a person who exercises functions of a public nature.
Annotations
Textual amendments
- F1
Ss. 2-2B substituted for s. 2 (18.8.2023) by Health and Care Act 2022 (c. 31), ss. 162(4), 186(6); S.I. 2023/821, reg. 2 (with reg. 3)
Notes on the whole Act
Textual amendments
- F1
Act renamed (18.8.2023) by Health and Care Act 2022 (c. 31), ss. 162(1), 186(6); S.I. 2023/821, reg. 2 (with reg. 3)