Commentary Section 4: Functions: supplementary
20.Subsections (1)-(5) of section 4 set out various powers, including the power to make charges, which the Agency may use in the exercise of its functions.
21.Subsection (6) provides that the Agency must exercise its functions efficiently and cost-effectively.
22.Subsection (7) gives the appropriate authority (defined in section 6) the power to direct the Agency to have regard to aspects of the policy of the authority. Subsection (8) requires the Agency to comply with any such direction.
23.Subsection (9) gives the appropriate authority (as defined in section 6) the power, if it thinks that the Agency is to a significant extent failing to discharge any of its functions or failing to discharge any of its functions properly, to give the Agency such a direction as it thinks appropriate for remedying that failure. The power is subject to relevant consultation, described at subsection (13).
24.Subsection (10) allows the appropriate authority (as defined in section 6), instead of the Agency, to take such action as the authority thinks appropriate for remedying the failure, if the Agency fails to comply or unreasonably delays in complying with a direction under subsection (9).
25.Subsection (11) ensures that a disclosure of information to or by the Agency is lawful where the Agency is carrying out a function pursuant to an arrangement under section 31 of the Health Act 1999 (c.8) (arrangements between NHS bodies and local authorities) or under section 15 of the Community Care and Health (Scotland) Act 2002 (asp 5), or where the Agency acts in accordance with its duty of co-operation in section 5. However subsection (12) makes it clear that any such disclosure must not contravene the Data Protection Act 1998 (c. 29).