Section 105: Scope of powers, Health and Care Act 2022

In sections 103 and 104, references to modifying the functions of a body include—

conferring a function on the body;

abolishing a function of the body;

changing the purpose or objective for which the body exercises a function;

changing the conditions under which the body exercises a function.

In sections 103 and 104, references to the constitutional arrangements of a body include matters relating to—

the name of the body;

the chair of the body (including qualifications and procedures for appointment and functions);

members of the body (including the number of members, qualifications and procedures for appointment and functions);

staff of the body exercising functions on its behalf (including qualifications and procedures for appointment and functions);

the body’s powers to employ staff;

governing procedures and arrangements (including the role and membership of committees and sub-committees);

reports and accounts.

In sections 103 and 104, references to modifying the funding arrangements of a body include—

modifying the extent to which it is funded by a Minister;

conferring power on the body to charge fees for the exercise of a function (and to determine their amount).

Regulations under section 103 or 104 may repeal and re-enact (but may not create)—

a power to make subordinate legislation,

a power of forcible entry, search or seizure,

a power to compel the giving of evidence, or

a criminal offence.

The provision which may be made by regulations under section 103 or 104 may be made by repealing, revoking or amending provision made by or under an Act, whenever passed or made.

The provision which may be made by regulations under section 103 or 104 by virtue of section 183(1)(a) includes provision repealing, revoking or amending provision made by or under any of the following, whenever passed or made—

an Act;

an Act of the Scottish Parliament;

a Measure or Act of Senedd Cymru;

Northern Ireland legislation.

In this section, “Minister” means a Minister of the Crown (as defined by section 8 of the Ministers of the Crown Act 1975).

Section 105: Scope of powers

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