Commentary on provisions of Bill Section 2: Healthcare and healthcare agreements
Section 2(1) provides the Secretary of State with a discretionary power to make regulations that make provision:
In relation to exercises of the power at section 1, namely payments and arrangement for such payments in respect of healthcare in an EEA state or Switzerland (section 2(1)(a));
For and in connection with the provision of healthcare in an EEA state or Switzerland (section 2(1)(b));
To give effect to healthcare agreements (section 2(1)(c)).
	These regulation-making powers are capable of being used on their own or in combination with one another (subject to the operation of section 2(7)).
	In practice regulations under section 2(1)(a) can be used to set out the details of payments between states. Regulations under section 2(1)(b) are capable of being used to establish detailed unilateral arrangements that enable the Secretary of State to support certain people (for example a person residing in another country in receipt of a UK pension, or a UK resident temporarily visiting another country) to access healthcare in an EEA state or Switzerland. This regulation making power provides a mechanism for addressing situations where no bilateral agreement between the UK and a certain country is in place.
	In the event of a future deal with the EU that includes reciprocal healthcare, the regulation making powers in sub-section (c) may be used to implement the comprehensive reciprocal healthcare aspects of that deal.
	If there is no deal reached with the EU in respect of reciprocal healthcare, the powers under section 2(1)(c) are capable of being used by the Secretary of State to implement new comprehensive healthcare agreements with individual EEA States or Switzerland domestically.
	Section 2(2) sets out the limits to the regulation making powers under section 2(1). It provides an exhaustive list of matters that regulations under section 2(1) can provide for. This means that regulations made under section 2(1) are not able to include provision for anything other than the matters set out at section 2(2) (although the regulations would not have to make provision in relation to all of the matters listed at section 2(2)).
	Among other things, regulations made under section 2(1) are capable of being used to confer or delegate functions. Section 2(3) provides that functions may not be conferred on, or be delegated to, a person who is not a "public authority".
	"Public authority" is defined at section 2(6) to include only a person who exercises a function of a public nature.
	Section 2(4) provides the Secretary of State with a discretionary power to make directions about the exercise of any functions to a public authority that have been conferred or delegated by regulations under section 2(1). Directions may be given as necessary and as circumstances require and section 2(5) provides that such directions may be varied or revoked.
	Section 2(7) provides that the regulation-making powers in section 2(1)(a) and 2(1)(b) may only be exercisable for a period of five years, beginning with the day the UK leaves the EU. Regulations made under these powers before this sunset period are preserved.