Part 1: Health Service in England: Integration, Collaboration and Other Changes Joint Working and Delegation of Functions Section 72: References to functions: treatment delegation arrangements etc.
This section inserts a new section 275A into the NHS Act 2006. It is intended to produce a more consistent approach to the way in which functions are referred to in that Act.
	The starting point is that a general reference to a person’s functions is capable of covering functions delegated to the person, although there may be something about the legislative context to indicate that this is not the intention in relation to a particular reference.
	The NHS Act 2006 does not take an entirely consistent approach in relation to delegated functions. In some places where a function can be delegated to another, express provision is made to the effect that a reference elsewhere to the recipient’s functions includes a reference to the delegated function so far as exercisable by them (see, for example, previous sections 13Z4(2) and 14Z24(2)). In other places this is not spelt out. The contrast is potentially unhelpful and new section 275A seeks to address this issue.
	There may be some provisions within the NHS Act 2006 where the starting point explained above would not produce the desired policy result. For example, it could be that a particular reference to the functions of NHS England should not, as a matter of policy, include a reference to public health functions delegated to it by the Secretary of State under section 7A. To deal with this kind of case, new section 275A(2) confers a power to specify places where a reference to a person’s functions do not include delegated functions. Given this power to create exceptions, it seems helpful to articulate the starting point expressly for the purposes of the whole Act rather than leaving it to implication: see new section 275A(1).
	It is not feasible to tackle these issues expressly across all health legislation and in any event they have arisen in the NHS Act 2006 primarily due to the inconsistent approach that has been taken in previous amendments to the Act. In relation to other legislation that, for example, refers to the functions of NHS England or an integrated care board it is still proposed to rely on the general starting point explained above, which one may expect to apply unless the context suggests otherwise.
	However, there are a few places outside the NHS Act 2006 where it is thought that silence may give rise to genuine doubt as to what is intended, so those have been dealt with expressly. Examples are where express provision has been made previously (in section 13Z4(3) of the NHS Act 2006 or in other Acts) and it is considered necessary to continue that approach to avoid confusion. See, for example, the amendments to sections 197 and 250 of the Health and Social Care Act 2012.