Commentary Section 2: Health Functions
10.Subsection (1) of section 2 gives the Agency certain functions in the area of health protection. These are similar to those exercised by the Health Protection Agency Special Health Authority.
11.Subsections (2) to (4) provide that the Secretary of State or the National Assembly for Wales, after consulting the other, may direct the Agency to take on other functions in relation to health. A similar flexibility exists in relation to the Health Protection Agency Special Health Authority, although the only functions it can take on are functions under the National Health Service Act 1977 (c. 49). These provisions are included to provide future flexibility.
12.Subsection (5) makes it clear that the giving of a direction under subsection (3) or (4) does not alienate the function from the appropriate authority.
13.Subsection (6) exempts from the application of section 2(1) functions of the Scottish Ministers and the Department of Health, Social Services and Public Safety in Northern Ireland. However the Scottish Ministers will be able to confer their functions falling within subsection (1) on the Agency, and to remove them from it, subject to the requirements and procedures described at subsections (7), (8) and (9). The Department in Northern Ireland will have similar powers, as provided at subsections (10), (11) and (12).