Sections 102-108


These sections give the secretary of state powers to make regulations to confer a function on a body, abolish a function of the body, change the purpose or objective for which the body exercises a function, and change the conditions under which the body exercises a function. The functions that may be specified are the secretary of state's functions which relate to the health service in England or which they may provide for a special health authority to exercise.

Key sections

Section 102: Relevant bodies and special health authorities

The bodies in question here are Health Education England (HEE), the Information Centre, the Health Research Authority, the Human Fertilisation and Embryology Authority (HFEA), the Human Tissue Authority and NHS England.

National context

The government has already announced that HEE will merge with NHS England. The CQC, NICE and the HSSIB are out of scope given their particular and technical regulatory functions.

Section 103: Power to transfer functions between bodies

Regulations under this section may not transfer a function of NHS England if the secretary of state considers that to do so would make NHS England redundant.

Section 104: Power to provide for exercise of functions of secretary of state

This confers a power on the secretary of state to provide, through regulations, for a relevant body to exercise specified functions of the secretary of state on their behalf.

Section 105: Scope of powers

This sets out the scope of the powers in sections 103 and 104. References in those sections to modifying the functions of a body include abolishing, changing the purpose, or changing the conditions under which the body exercises a function. References to the constitutional arrangements of a body include matters relating to the name, chair and members of the body, the power to employ staff and governing procedures and arrangements.