Statutory Instruments
2015 No. 127
National Health Service, England
The Delegation of Additional Functions to the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2015
Made
5th February 2015
Laid before Parliament
10th February 2015
Coming into force
1st April 2015
The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by sections 7(1) and 273(4)(b)(zi) of the National Health Service Act 2006( 1 ).
Citation and commencement
1. These Regulations may be cited as the Delegation of Additional Functions to the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2015 and come into force on 1st April 2015.
Functions of the National Health Service Commissioning Board to be exercisable by the NHS Business Services Authority
2. The NHS Business Services Authority( 4 ) is directed to exercise the functions of the National Health Service Commissioning Board that the Board—
(a) may exercise by virtue of being prescribed as a qualifying person by regulation 3(1)(b) of the Social Security (Information-sharing) (NHS Payments and Remission of Charges etc. ) (England) Regulations 2015( 5 ) (qualifying persons for the purposes of information-sharing by the Secretary of State for Work and Pensions), including its functions under regulation 9 of those Regulations (which relates to disclosure of personal data by qualifying persons to the Secretary of State for Work and Pensions);
(b) must exercise under regulation 7(7)(a) of the National Health Service (Charges for Drugs and Appliances) Regulations 2000( 6 ) (which relates to the recovery of charges for the supply of drugs or appliances where a person’s claim for an exemption from such a charge is not substantiated).
Signed by authority of the Secretary of State for Health.
Earl Howe
Parliamentary Under-Secretary of State,
Department of Health
5th February 2015
2006 c. 41 . Subsection (1) of section 7 of the National Health Service Act 2006 (“the 2006 Act”) was substituted by the Health and Social Care Act 2012 (c. 7) (“the 2012 Act”), section 21(2). Subsection (4)(b)(zi) of section 273 of the 2006 Act was inserted by the 2012 Act, section 21(6). By virtue of section 271(1) of the 2006 Act, the functions of the Secretary of State being exercised in the making of these Regulations are exercisable only in relation to England. See also section 273(1) of the 2006 Act, which contains a definition of “regulations” that is relevant to the powers being exercised.
The National Health Service Commissioning Board was established under the section 1H of the 2006 Act, which was inserted by the 2012 Act, section 9(1).
Subsection (1B) of section 7 of the 2006 Act was inserted by the 2012 Act, section 21(2).
The NHS Business Services Authority was established by the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005 ( S.I. 2005/2414 , as amended by S.I. 2006/632 , 2007/1201 and 2013/235 ).
S.I. 2000/620 ; amended by S.I. 2000/3189 , 2001/2287 , 2002/548 and 2352 , 2003/699 and 1084 , 2004/663 , 696 and 865 , 2005/578 , 2006/552 , 675 and 913 , 2007/1510 and 1975 , 2008/571 , 1687 , 1700 and 2593 , 2009/29 , 411 , 1166 and 2230 , 2010/231 and 1727 , 2011/518 , 2012/470 , 1479 , 1909 and 1916 , 2013/475 and 2014/545 .