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Section 12ZB: Requirement to exercise approval functions: England

Mental Health Act 1983 · 1983 c. 20View on legislation.gov.uk

Part II: Compulsory Admission to Hospital and Guardianship

The Secretary of State may impose a requirement on NHS England ("NHS England") or a Special Health Authority for an approval function of the Secretary of State to be exercisable by the Secretary of State concurrently—

with NHS England or (as the case may be) Special Health Authority, and
if an agreement under section 12ZA has effect, with the other person by whom the function is exercisable under that agreement.

The Secretary of State may, in particular, require the body concerned to exercise an approval function—

in all circumstances or only in specified circumstances;
in all areas or only in specified areas.

The Secretary of State may require the body concerned to exercise an approval function—

for a period specified in the requirement, or
for a period determined in accordance with the requirement.

Where a requirement under subsection (1) is imposed, NHS England or (as the case may be) Special Health Authority must comply with such instructions as the Secretary of State may give with respect to the exercise of the approval function.

An instruction under subsection (4) may be given in such form as the Secretary of State may determine.

The Secretary of State must publish instructions under subsection (4) in such form as the Secretary of State may determine.

Where NHS England or a Special Health Authority has an approval function by virtue of this section, the function is to be treated for the purposes of the National Health Service Act 2006 as a function that it has under that Act.

The Secretary of State may make payments in connection with the exercise of an approval function by virtue of this section.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.