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Section 13ZE: Compliance with directions: significant failure

National Health Service Act 2006 · 2006 c. 41View on legislation.gov.uk

Part 2: Health service bodies — CHAPTER A1: NHS England

This section applies where—

NHS England is given a direction under section 13ZC,
the direction —
states that the Secretary of State considers that NHS England is failing or has failed to discharge any of its functions, and
states that the Secretary of State considers that the failure is significant and explains why,
the direction states that it is given for the purposes of addressing that failure, and
NHS England fails to comply with the direction.

The Secretary of State may—

discharge the functions to which the direction relates, or
make arrangements for any other person to discharge them on the Secretary of State's behalf.

Where the Secretary of State exercises the power under subsection (2), the Secretary of State must publish the reasons for doing so.

For the purpose of this section—

a failure to discharge a function includes a failure to discharge it properly, and
a failure to discharge a function properly includes a failure to discharge it consistently with what the Secretary of State considers to be the interests of the health service.

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.