Commentary on provisions of Bill Section 7: Regulations and directions
Sections 7(1) and (2) are self-explanatory. They are consistent with regulation and direction making powers in other Acts of Parliament, such as the Health and Social Care Act 2012 and the National Health Service Act 2006. These provisions help ensure that regulations or directions made under the Act will be fit for purpose.
	To give an example – the Secretary of State may use regulations to confer different functions on to different public authorities in order to implement and operate effectively what may be provided for in an agreed reciprocal healthcare agreement. We do this now, in relation to the EHIC Scheme, which the NHS BSA administers on behalf of the Department. This administration includes the registering and the issuing of EHICs and the processing of EHIC claims.
	Future administrative arrangements to implement reciprocal healthcare agreements may reflect this current situation, or may involve conferring different functions on other public authorities, as appropriate. Once arrangements are negotiated, the Secretary of State will be in the best position to decide on the appropriate bodies to administer such arrangements.
	Section 7(3) provides that regulations that may be made under section 2 may amend, repeal or revoke retained EU law that is not primary legislation.
	Section 7(4) provides that regulations made under section 4(6) (matters relating to the definition of "authorised person") will be subject to the draft affirmative procedure. All other regulations made under the Act are subject to the negative resolution procedure.