45 General power to direct NHS England

45  General power to direct NHS England

(1)     The National Health Service Act 2006 is amended as follows.

(2)     Before section 13Z1 (and the italic heading before it) insert—

“Powers of direction

13ZC Secretary of State directions as to exercise of NHS England functions

(1)     The Secretary of State may give NHS England directions as to the exercise of any of its functions.

(2)     The directions that may be given include a direction as to whether a power is to be exercised or not.

(3)     The directions that may be given include a direction as to—

(a)     when or how a function is, or is not, to be exercised;

(b)     conditions that must be met before a function is exercised (for example, conditions relating to the provision of information, consultation or approval);

(c)     matters to be taken into account in exercising a function.

(4)     For exceptions to the power to give directions under subsection (1), see section 13ZD.

(5)     A direction

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