OpenLegislation

Section 1H NHS England and its general functionsF1F2

(1)

There is to be a body corporate known as NHS England.

(2)

NHS England is subject to the duty under section 1(1) concurrently with the Secretary of State except in relation to the part of the health service that is provided in pursuance of the public health functions of the Secretary of State or local authorities.

(3)

For the purpose of discharging that duty, NHS England—

(a)

has the function of arranging for the provision of services for the purposes of the health service in England in accordance with this Act, and

(b)

must exercise the functions conferred on it by this Act in relation to F3integrated care boards F4, NHS trusts established under section 25 and NHS foundation trusts so as to secure that services are provided for those purposes in accordance with this Act.

(4)

Schedule A1 makes further provision about NHS England.

(5)

In this Act—

(a)

any reference to the public health functions of the Secretary of State is a reference to the functions of the Secretary of State under sections 2A and 2B and paragraphs 7C, 8 and 12 of Schedule 1, and

(b)

any reference to the public health functions of local authorities is a reference to the functions of local authorities under sections 2B and 111 and paragraphs 1 to 7B and 13 of Schedule 1.

Annotations

Textual amendments

F1

S. 1H and cross-heading inserted (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. 9(1), 306(4) (with Sch. 6 para. 2); S.I. 2012/1831, art. 2(2) (with art. 3(1)); S.I. 2012/2657, art. 2(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

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)

F3

Words in s. 1H(3)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 87; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F4

Words in s. 1H(3)(b) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 37, 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)