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National Health Service Act 2006

National Health Service Act 2006 s 98A

s 98A Exercise of functions

(1) The Secretary of State may direct the Board to exercise any of the Secretary of State's functions relating to the provision of primary medical services. (2) Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations. (3) The Secretary of State may give directions to the Board about its exercise of any functions relating to the provision of primary medical services (including functions which the Board has been directed to exercise under subsection (1)). (4) The Board may direct a clinical commissioning group to exercise any of the Board's functions relating to the provision of primary medical services. (5) The Board may give directions to a clinical commissioning group about the exercise by it of any functions relating to the provision of primary medical services (including functions which the group has been directed to exercise under subsection (4)). (6) Subsection (4) does not apply to such functions, or functions of such descriptions, as may be prescribed. (7) Where the Board gives a direction under subsection (4) or (5), it may disclose to the clinical commissioning group information it has about the provision of the primary medical services in question, if the Board considers it necessary or appropriate to do so in order to enable or assist the group to exercise the function specified in the direction. (8) A clinical commissioning group exercising a function specified in a direction under subsection (4) or (5) must report to the Board on matters arising out of the group's exercise of the function. (9) A report under subsection (8) must be made in such form and manner as the Board may specify. (10) The Board may, in exercising its functions relating to the provision of the primary medical services in question, have regard to a report under subsection (8).

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