ANNEX A: OUTLINE OF THE EXISTING LAW Existing legislation about the NHS The Health Act 1999 Health Authority funding and  performance
392.The Act made it possible for the Secretary of State to increase a Health Authority’s allocation where certain conditions around performance are satisfied. The intention was to reward Health Authorities that demonstrated the most progress in implementing their plan for improving health and health care. All Health Authorities including those making good progress from a low baseline are eligible. The Secretary of State is allowed to attach conditions to how the money should be spent and if it is not spent in accordance with the conditions he can claw it back.