Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what directions he has given as a result of the covid-19 pandemic under (a) section 253 of the National Health Service Act 2006 (emergency powers), in addition to (b) the Civil Contingencies Act 2004 and (c) any other statutory provision.

In response to the COVID-19 pandemic, under section 253 of the National Health Service Act 2006, the Secretary of State directed NHS England to exercise the commissioning functions of clinical commissioning groups (CCGs) to support the provision of services by NHS bodies, commissioning health services from independent providers to address coronavirus. Direction was also given to NHS England to exercise CCG functions in relation to commissioning services from NHS trusts and foundation trusts. These powers allowed for effective national crisis management and the swift establishment of the Nightingale Hospitals by NHS England. Direction was also given on providing for flexible provision of pharmaceutical services and providing authorisation and consent for Government Communications Headquarters to support the security of NHS and public health service network and information systems.

The Secretary of State provided no direction under the Civil Contingencies Act 2004. Direction was provided on other primary legislation, such as the COVID-19 Public Health Directions 2020, made under the Health and Social Care Act 2012 and the National Institute for Health and Care Excellence (Constitution and Functions) and the Health and Social Care Information Centre (Functions) Regulations 2013. These Directions authorised COVID-19 data collection and analysis and the development of information and communication systems to deliver services in connection with COVID-19.

The Department has not as yet made any Directions under the Coronavirus Act 2020.