Part 1: Health Service in England: Integration, Collaboration and Other Changes Secretary of State’s functions Section 44: Power of Direction: investigation functions
This section introduces a new sections 7C, 7D and 7E in the NHS Act 2006.
	Subsection (2) inserts a new section 7C (Power of direction: investigation functions) into the NHS Act 2006 which provides that the Secretary of State may direct NHS England, or any other public authority, to exercise any of the investigation functions which are specified in the direction.
	Subsections 7C(2) and 7C(3) provide that the direction may prohibit or restrict the body directed from making delegation arrangements in relation to a function covered by the direction. Subsection 7C(4) provides that the Secretary of State may make payments to NHS England or any other public body in respect of the exercise of those investigation functions. Subsection 7C(5) provides that the Secretary of State may give directions to any person on whom those functions are conferred as to how those functions should be exercised. Section 13ZC of the NHS Act 2006 gives the Secretary of State a power to give directions to NHS England as to the exercise of its functions, as noted by subsection 7C(6).
	Any directions made under subsections 7C(1) or (5) must be published by the Secretary of State as soon as is reasonably practicable. Should any rights be acquired, or liabilities incurred by NHS England or and other public body by virtue of section 7C, they are enforceable by or against it and no other person.
	Subsection 7C(9) clarifies that the investigation functions are the functions which were previously exercised by the Trust Development Authority in respect of:
	the National Health Service Trust Development Authority (Healthcare Safety Investigation Branch) Directions 2016 made under sections 7 and 8 of the NHS Act 2006, (the HSIB directions 2016), or
	the National Health Service Trust Development Authority (Healthcare Safety Investigation Branch) (Additional Investigatory Functions in respect of Maternity Cases) Directions 2018 made under sections 7 and 8 of the NHS Act 2006 (the HSIB maternity investigations 2018).
	Subsection (2) also inserts a new section 7D (transfer schemes in connection with a direction under section 7C) into the NHS Act 2006. Subsections (7D)(1) and (2) provide that the Secretary of State may make one or more transfer schemes in connection with the transfer to NHS England and any other public body of any property, rights of liabilities relating to the discharge of functions pursuant to directions made under section 7C.
	Subsection (3) clarifies what may be transferred under the transfer scheme which includes property, rights and liabilities (including criminal liabilities).
	7D subsections (4) and (5) provide further details on what the transfer scheme may do or provide. This includes that, a transfer scheme may make provisions which are the same or similar to those provided for by the Transfer of Undertakings (Protection of Employment) Regulations 2006. Therefore, a staff transfer scheme may be created to move staff from NHS England to the HSSIB, and could offer certain protections of employment rights for transferred staff.
	Subsection 2 of Section 44 of the Act also inserts a new section 7E (Transfer schemes under section 7D: taxation) into the NHS Act 2006. Subsection 7E(1) provides that the Treasury may through regulations vary the way in which a relevant tax has effect in relation to anything transferred under a scheme under section 7D, or anything done for the purposes of, or in relation to, a transfer under such a scheme.
	The intention is that any transfer of assets, rights, or liabilities be tax neutral for the transferee and the transferor. This section includes a power for the Treasury to vary any relevant tax so if necessary it can be used to ensure that no taxes arise, and no changes to the tax position of either the transferee or transferor body arise.