ANNEX A: Outline of the existing law relating to the NHS(12) Miscellaneous Inquiries, and default, emergency and intervention powers
259.Section 84 of the 1977 Act enables the Secretary of State to appoint an inquiry in connection with matters arising under the 1977 Act, Part 1 of the 1990 Act or Part 1 of the Health Act.  In addition to these formal inquiries, the Secretary of State conducts or appoints a variety of ‘informal’ inquiries, investigations and reviews in the exercise of his powers under section 2(b) of the 1977 Act.  Finally, CHI may investigate matters relating to the management, provision and quality of health care for which NHS bodies are responsible (see section 20(1)(c) of the Health Act).
260.The Secretary of State has powers to intervene if NHS bodies fail to perform their functions or fail to comply with regulations or directions (section 85) and if, by reason of an emergency, a service under the 1977 Act may cease to be provided (section 86).
261.Sections 84A and 84B of the 1977 Act, as inserted by section 13 of the HSC Act, which came into force on 1st August 2001, provides for the Secretary of State to make intervention orders where NHS bodies are not performing functions adequately or there are significant failings in the way they are being run.  The orders may provide for the removal, suspension and replacement of the members/directors of the body in question, and for the body to enter arrangements for another person or body to perform its functions.