Policy paper

Annex A: statutory functions to be exercised by the UK Health Security Agency

Published 27 January 2022

This was published under the 2019 to 2022 Johnson Conservative government

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This publication is available at https://www.gov.uk/government/publications/framework-document-between-the-department-of-health-and-social-care-and-the-uk-health-security-agency/annex-a-statutory-functions-to-be-exercised-by-the-uk-health-security-agency

This annex sets out the statutory functions that the UK Health Security Agency (UKHSA) will carry out or support on behalf of the Secretary of State for Health and Social Care:

  • Section 2A of the National Health Service Act 2006 (“the 2006 Act”) – a duty to take such steps as Secretary of State considers appropriate to protect the health of the public in England

  • Section 2B of the 2006 Act – a power to take such steps as the Secretary of State considers appropriate for improving the health of the people of England

  • paragraph 12 of Schedule 1 to the 2006 Act – a power to provide a microbiological service in England

  • Section 58 of the Health and Social Care Act 2012 – a duty to take such steps as the Secretary of State considers appropriate for the purpose of protecting the public in Scotland, Wales and Northern Ireland from radiation

  • paragraph 13 of Schedule 1 to the 2006 Act – a power (also available to NHS England or a clinical commissioning group) to conduct, commission or assist research in relation to public health in order to benefit the NHS

  • as a Category 1 responder under the Civil Contingencies Act 2004 (CCA) in respect of emergency planning, the response and resilience functions for public health. For the avoidance of doubt, these duties under the CCA shall be delegated from the Secretary of State to officials in UKHSA who are responsible for emergency planning, resilience and response, such that those officers operate as if UKHSA itself were a category 1 responder under the CCA

  • NHS Health Act 2006 – Section 251 (patient identifiable data), insofar as collecting patient identifiable data for disease and vaccine surveillance is concerned

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