Section 2 — Healthcare agreements and payments

(1) [F1 The Secretary of State may by regulations make provision for the purpose of giving effect to a healthcare agreement (including provision about payments).]

(2) [F1 The Secretary of State may by regulations make provision authorising the Secretary of State to make a payment (otherwise than under a healthcare agreement) in respect of healthcare provided in a relevant country or territory, but only where the Secretary of State considers that exceptional circumstances justify the payment.]

(3) [F1 In subsection (2) “relevant country or territory” means a country or territory, outside the United Kingdom, in respect of which there is a healthcare agreement.]

(4) [F1 Regulations under this section may include provision about administrative arrangements (including provision about evidential requirements).]

(5) [F1 Regulations under this section may—]

(a) [F1 confer functions on a relevant public authority or a Scottish or Welsh health board (including discretions);]

(b) [F1 provide for the delegation of functions to a relevant public authority or a Scottish or Welsh health board.]

(6) [F1 The Secretary of State may give directions to a person about the exercise of any functions exercisable by the person under regulations made by virtue of subsection (5) (and may vary or revoke any such directions).]

(7) [F1 In this section “relevant public authority” means a person who exercises functions of a public nature other than—]

(a) [F1 the Scottish Ministers,]

(b) [F1 a Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998),]

(c) [F1 the Welsh Ministers,]

(d) [F1 a devolved Welsh authority as defined by section 157A of the Government of Wales Act 2006,]

(e) [F1 a Northern Ireland department, or]

(f) [F1 any other person whose functions—]

(i) [F1 are exercisable only or mainly in or as regards Northern Ireland, and]

(ii) [F1 relate only or mainly to transferred matters within the meaning of the Northern Ireland Act 1998.]

(8) [F1 In this section—“Scottish health board” means a Health Board established under section 2(1)(a) of the National Health Service (Scotland) Act 1978; “Welsh health board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.]

Amendment notes

1. F1 Ss. 2-2B substituted for s. 2 (18.8.2023) by Health and Care Act 2022 (c. 31), ss. 162(4), 186(6); S.I. 2023/821, reg. 2 (with reg. 3)