High Court endorses power to provide preventative drug for HIV
National Aids Trust v Secretary of State for Health  Med LR 487,  EWHC 2005 (Admin), 2 August 2016
This decision concerned the power of NHS England to commission an anti-retroviral drug to be used on a preventative basis
for those at risk of contracting HIV. NHS England refused to consider the use of a preventative anti-retroviral drug (PrEP)
in its commissioning process, on the basis that section 1H(2) of the National Health Services Act 2006 deprives it of its
power “in relation to that part of the health service that is provided in pursuance of the public health functions of the
Secretary of State or local authorities”, given that preventative sexual services fell within the local authorities’ duty.
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