Part 1: Health Service in England: Integration, Collaboration and Other Changes Secretary of State’s functions Section 43: Power of direction: public health functions
This section introduces a new section 7B into the NHS Act 2006 and allows the Secretary of State to direct one or more relevant bodies to exercise any of the public health functions of the Secretary of State. "Public health functions" are functions under section 2A (duty to take steps to protect public health), section 2B (power to take steps to improve public health) of NHS Act 2006 or certain functions under Schedule 1 to NHS Act 2006. Subsection (2) defines relevant bodies as NHS England and integrated care boards.
	Subsection (3) of new section 7B provides that a direction may prohibit or restrict a relevant body from making delegation arrangements. This ensures that any functions that should not be capable of being delegated can be prescribed and any functions that may be delegated but that need to be more closely controlled can be subject to conditions.
	Subsection (5) provides that the Secretary of State may provide funding to NHS England or an integrated care board in relation to the functions to be exercised.
	Subsection (6) enables the Secretary of State to give directions to an integrated care board as to the exercise of any functions which it is directed to exercise by virtue of new section 7B. In relation to NHS England, subsection (7) refers to section 13ZC for equivalent power to give directions to NHS England as to the exercise of such functions. This might be used, for example, to ensure compliance with nationally consistent standards for vaccination or screening services.
	Subsection (8) provides that the Secretary of State must publish a direction given under subsection (1) or (6) as soon as reasonably practicable after giving the direction.
	Subsection (9) of new section 7B provides that when NHS England and/or an integrated care board exercises the Secretary of State’s public health functions under such a direction, any rights acquired or liabilities incurred will be enforceable against that body (and no other individual or body). Similarly, only the body which exercises the function in question will be able to enforce any rights acquired in their exercise.
	New section 7B adds to existing powers whereby the Secretary of State can arrange for a range of other bodies to exercise public health functions (via section 7A of the NHS Act 2006).