Part 3: Secretary of State’s Powers to Transfer or Delegate Functions Section 104: Power to provide for exercise of functions of Secretary of State
Subsection (1) confers a power on the Secretary of State to provide, through regulations, for a relevant body to exercise specified functions of the Secretary of State on their behalf.
	Subsection (2) provides that the functions that may be specified are any of the Secretary of State’s functions which relate to the health service in England or which they may provide for a Special Health Authority to exercise.
	Subsection (3) sets out that the regulations made under this section may make provision by virtue of section 183(1)(a) modifying the functions, constitutional or funding arrangements of the relevant bodies.
	Subsection (4) sets out that the Secretary of State must make provision by way of modifying the relevant bodies constitutional arrangements for maintaining any existing provision for the body to include a member whose experience, functions or appointment are connected with that part of the UK, analogous to the provision in subsection (5) of section 103.
	Subsection (5) sets out that regulations under this section may make provision for determining whether and in what circumstances the Secretary of State or a relevant body is liable for the exercise of the specified functions by the relevant body.
	Subsection (6) sets out that the use of this power does not preclude the Secretary of State from exercising the function.
	Subsection (7) states that "the health service" has the same meaning as in the NHS Act 2006. This defines "the health service" as follows:
"the health service continued under section 1(1) of the National Health Service Act 2006 and under section 1(1) of the National Health Service (Wales) Act 2006".