Part 1: Health Service in England: Integration, Collaboration and Other Changes Secretary of State’s functions Section 42: Arrangements for exercise of public health functions
This section replaces section 7A in the NHS Act 2006 and concerns the exercise of Secretary of State’s public health functions. Subsections (1) and (2) allow for any of Secretary of State’s public health functions to be exercised by NHS England, an integrated care board, a local authority that has duties to improve public health, a combined authority, or any other body that is specified in regulations. Under subsection (3), powers under this section may be exercised on such terms as may be agreed and agreements can be made as to the terms of payment as well as terms prohibiting or restricting the further onward delegation of the function in question or its joint exercise by a joint committee. Under subsection (5), any party that has been delegated a relevant public health function as part of these arrangements is liable for the exercise of that function. Similarly, only the body which exercises the function in question will be able to enforce any rights acquired in their exercise. The intention is to provide flexibility and efficiency in the way that public health services are delivered.