Sch 10A para 3 Power to call-in proposal for reconfiguration
(1) The Secretary of State may give an NHS commissioning body a direction calling in any proposal by the body for the reconfiguration of NHS services. (2) Where a direction is given under sub-paragraph (1) , the Secretary of State— (a) may, within the period of 6 months beginning with the date of the direction, take any decision in relation to the proposal that could have been taken by the NHS commissioning body, and (b) must notify the NHS commissioning body once the Secretary of State has finished considering the proposal. (3) The power of the Secretary of State to take decisions under sub-paragraph (2)(a) includes— (a) power to decide whether a proposal should, or should not, proceed, or should proceed in a modified form; (b) power to decide particular results to be achieved by the NHS commissioning body in taking decisions in relation to the proposal; (c) power to decide procedural or other steps that should, or should not, be taken in relation to the proposal; (d) power to retake any decision previously taken by the NHS commissioning body. (4) The Secretary of State must, before acting under sub-paragraph (2), give each of the following an opportunity to make representations to the Secretary of State in relation to the proposal— (a) the NHS commissioning body, (b) if the NHS commissioning body is an integrated care board, NHS England, (c) each local authority (within the meaning of section 2B) to whose area the proposed reconfiguration of NHS services relates, and (d) any other person that the Secretary of State considers appropriate. (5) The Secretary of State must— (a) publish any decision under sub-paragraph (2)(a) together with an explanation of the reasons for taking it, and (b) notify the NHS commissioning body of the decision and the reasons. (6) The Secretary of State must publish a summary of any representations made under sub-paragraph (4).