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Section 13ZE Compliance with directions: significant failureF1F2

(1)

This section applies where—

(a)

NHS England is given a direction under section 13ZC,

(b)

the direction —

(i)

states that the Secretary of State considers that NHS England is failing or has failed to discharge any of its functions, and

(ii)

states that the Secretary of State considers that the failure is significant and explains why,

(c)

the direction states that it is given for the purposes of addressing that failure, and

(d)

NHS England fails to comply with the direction.

(2)

The Secretary of State may—

(a)

discharge the functions to which the direction relates, or

(b)

make arrangements for any other person to discharge them on the Secretary of State’s behalf.

(3)

Where the Secretary of State exercises the power under subsection (2), the Secretary of State must publish the reasons for doing so.

(4)

For the purpose of this section—

(a)

a failure to discharge a function includes a failure to discharge it properly, and

(b)

a failure to discharge a function properly includes a failure to discharge it consistently with what the Secretary of State considers to be the interests of the health service.

Annotations

Textual amendments

F1

Pt. 2 Ch. A1 inserted (27.3.2012 for specified purposes, 1.10.2012 for specified purposes, 1.2.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 23(1), 306(1)(d)(4); S.I. 2012/1831, art. 2(2) (with art. 4); S.I. 2012/2657, art. 2(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F2

Ss. 13ZC-13ZF and cross-heading inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 45(2), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Notes on Chapter A1

Textual amendments

F2

Words in Act substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)