Part 3: Secretary of State’s Powers to Transfer or Delegate Functions Section 103: Power to transfer functions between bodies
Subsection (1) of this section confers a power on the Secretary of State, through regulations, to transfer functions between the relevant bodies as outlined above.
	Subsection (2) sets out the conditions which need to be met in order for these regulations to be made. Such regulations can only be made when the Secretary of State considers it will improve the exercise of these functions having regard to:
efficiency;
effectiveness;
economy; and
securing appropriate accountability to Ministers.
	Subsection (3) sets out a restriction on the ability to transfer of functions of NHS England, in any case where the Secretary of State considers that such a transfer of functions would make NHS England redundant. The effect of this is that there will never be circumstances where the consequential power to abolish a body that has been rendered redundant due to a transfer of its functions, will be able to be used in respect of NHS England.
	Subsection (4) sets out that where regulations are made under section 103 which include provision by virtue of section 183(1)(a), such provision can modify the functions, constitution or funding of either body, and abolish the relevant body if it has become redundant as a consequence of the transfer of functions. Subsection (1)(a) of section 103 provides that a power to make regulations under any provision of the Act includes the power to make consequential, supplementary, incidental, transitional or saving provision.
	Subsection (5) sets out that where: any regulations made under section 103 contain provision which relates to a function that is exercisable in relation to Scotland, Wales or Northern Ireland, where there is a pre-existing requirement in the constitution of the body from which the function is transferred for the representation of the interests of one of the devolved nations, and where the Secretary of State considers that the constitutional arrangements of the body to which the function is transferred do not contain corresponding provision as to membership, the Secretary of State must make provision for maintaining such representation by way of modifying, if necessary, the constitutional arrangements of the body receiving the function.
	Subsection (6) sets out that "Minister" means a Minister of the Crown as defined by the Ministers of the Crown Act. This defines "Ministers of the Crown" as follows: ""Minister of the Crown" means the holder of an office in Her Majesty’s Government in the United Kingdom, and includes the Treasury, the Board of Trade and the Defence Council".