(3) Provision made under subsection (2) may include provision for charges to be
calculated on the basis NICE considers to be the appropriate commercial basis.

(4) In this Part “health care” includes all forms of health care provided for
individuals whether relating to physical or mental health and also includes
5procedures that are similar to forms of medical or surgical care but are not
provided in connection with a medical condition.

244 Commissioning guidance

(1) The Board may direct NICE to exercise any of the Board’s functions in relation
to the preparation of the guidance required to be published by the Board under
10section 14Z6 of the National Health Service Act 2006 (the “commissioning
guidance”).

(2) A direction under subsection (1) may direct NICE to exercise the functions in
such manner and within such period as may be specified in the direction.

(3) If requested to do so, NICE must—

(a) 15provide the Board with information or advice on such matters
connected to the Board’s functions in respect of the commissioning
guidance as may be specified in the request, and

(b) disseminate the commissioning guidance in such manner as may be
specified in the request.

20Functions: other

245 NICE’s charter

(1) Regulations may make provision requiring NICE to publish a document
explaining the functions of NICE and how NICE intends to exercise them
(referred to in this section as “the charter”).

(2) 25The regulations may, in particular, make provision about—

(a) the information to be provided in the charter,

(b) the timing of preparation of the charter,

(c) review and revision by NICE of the charter, and

(d) the manner in which the charter must or may be published.

246 30Additional functions

(1) NICE may do any of the following—

(a) acquire, produce, manufacture and supply goods,

(b) acquire land by agreement and manage and deal with land,

(c) supply accommodation to any person,

(d) 35supply services to any person and provide new services,

(e) provide instruction for any person, and

(f) develop and exploit ideas and exploit intellectual property.

(2) But NICE may exercise a power under subsection (1) only—

(a) if doing so is connected with the provision of health care or social care,
40and

(b) to the extent that its exercise does not to any significant extent interfere
with the performance by NICE of its functions.

(3) NICE may—

(a) charge for anything it does in the exercise of a power under
5subsection (1), and

(b) calculate any such charge on the basis that it considers to be the
appropriate commercial basis.

247 Arrangements with other bodies

(1) NICE may arrange with any person or body to provide, or assist in providing,
10any service which NICE is required or authorised to provide by virtue of this
Part.

(2) The power under this section may be exercised on such terms as may be
agreed, including terms as to the making of payments by or to NICE.

248 Failure by NICE to discharge any of its functions

(1) 15The Secretary of State may give a direction to NICE if the Secretary of State
considers that—

(a) NICE—

(i) is failing or has failed to discharge any of its functions, or

(ii) is failing or has failed properly to discharge any of its functions,
20and

(b) the failure is significant.

(2) A direction under subsection (1) may direct NICE to discharge such of those
functions, and in such manner and within such period or periods, as may be
specified in the direction.

(3) 25If NICE fails to comply with a direction under subsection (1), the Secretary of
State may—

(a) discharge the functions to which it relates, or

(b) make arrangements for any other person to discharge them on the
Secretary of State’s behalf.

(4) 30Where the Secretary of State exercises a power under subsection (1) or (3), the
Secretary of State must publish reasons for doing so.

249 Protection from personal liability

(1) Section 265 of the Public Health Act 1875 (which relates to the protection of
members and officers of certain authorities from personal liability) has effect as
35if there were included in the authorities referred to in that section a reference
to NICE.

(2) In its application to NICE as provided for by subsection (1), section 265 of that
Act has effect as if any reference in that section to the Public Health Act 1875
were a reference to this Act.

Supplementary

250 Interpretation of this Part

In this Part—

• “the Board” means the National Health Service Commissioning Board;

• 5“health care” has the meaning given by section 243;

• “the health service” has the same meaning as in the National Health
  Service Act 2006 (see section 275(1) of that Act);

• “health services” has the meaning given by section 236;

• “NHS services” has the meaning given by section 237;

• 10“public health services” has the meaning given by section 237;

• “quality standard” has the meaning given by section 237;

• “social care” has the meaning given by section 236.

251 Dissolution of predecessor body

The Special Health Authority known as the National Institute for Health and
15Clinical Excellence is abolished.

252 Consequential and transitional provision

(1) Schedule 18 (which contains consequential provision) has effect.

(2) A statement of standards prepared and published by the Institute before
commencement is to be treated on and after commencement as if it were a
20quality standard—

(a) prepared and published by NICE in accordance with section 237,

(b) endorsed under subsection (5) of that section, and

(c) in respect of which the transitional commissioner is the relevant
commissioner for the purposes of that section.

(3) 25Subsections (4) to (6) apply to a case where before commencement—

(a) the Secretary of State has referred a matter to the Institute for the
purpose of preparing and publishing a statement of standards, but

(b) the Institute has not published the statement.

(4) The referral by the Secretary of State to the Institute of the matter is to be
30treated on and after commencement as if it were a direction given to NICE by
the transitional commissioner for the preparation of a quality standard in
relation to that matter under section 237(1); and the transitional commissioner
is to be treated as the relevant commissioner for the purposes of that section.

(5) Anything done by the Institute before commencement in relation to the matter
35is to be treated on and after commencement as having been done by NICE in
pursuance of the direction.

(6) Consultation undertaken by the Institute before commencement in relation to
the matter is to be treated on and after commencement as if it were consultation
by NICE under section 237(3) in relation to the preparation of the quality
40standard.

(7) A procedure established by the Institute before commencement for the
preparation of statements of standards is to be treated on and after

commencement as if it were a procedure established by NICE in accordance
with section 237(7) for the preparation of quality standards.

(8) For the purposes of this section “the transitional commissioner” is the Secretary
of State; but the Secretary of State, after consulting the Board, may direct that
5in relation to a particular statement of standards or matter the transitional
commissioner is—

(a) the Board, or

(b) both the Secretary of State and the Board.

(9) In this section—

• 10“commencement” means the commencement of section 237;

• “the Institute” means the Special Health Authority known as the National
  Institute for Health and Clinical Excellence;

• “statement of standards” means a document containing advice to the
  Secretary of State in relation to the quality of the provision of health
  15care prepared and published by the Institute pursuant to the directions
  given to the Institute by the Secretary of State on 27 July 2009.

Part 9 Health and adult social care services: information

CHAPTER 1 Information standards

253 20Powers to publish information standards

(1) The Secretary of State or the National Health Service Commissioning Board
(referred to in this Chapter as “the Board”) may prepare and publish an
information standard.

(2) For the purposes of this Part “an information standard” is a document
25containing standards in relation to the processing of information.

(3) The Secretary of State may exercise the power under subsection (1) only in
relation to information concerning, or connected with, the provision of health
services or of adult social care in England.

(4) The Board may exercise the power under subsection (1) only in relation to
30information concerning, or connected with, the provision of NHS services.

(5) An information standard must include guidance about the implementation of
the standard.

(6) The following must have regard to an information standard published under
this section—

(a) 35the Secretary of State;

(b) the Board;

(c) any public body which exercises functions to which the information
standard relates in connection with the provision of health services or
of adult social care in England;

(d) 40any person (other than a public body) who provides health services, or
adult social care in England, to which the information standard relates

pursuant to arrangements made with a public body exercising
functions in connection with the provision of such services or care.

(7) In this section—

• “adult social care”—

  (a)

  5includes all forms of personal care and other practical assistance
  provided for individuals who by reason of age, illness,
  disability, pregnancy, childbirth, dependence on alcohol or
  drugs, or any other similar circumstances, are in need of such
  care or other assistance, but

  (b)

  10does not include anything provided by an establishment or
  agency for which Her Majesty’s Chief Inspector of Education,
  Children’s Services and Skills is the registration authority
  under section 5 of the Care Standards Act 2000;

• “health services” means services which must or may be provided as part
  15of the health service in England; and for that purpose “the health
  service” has the same meaning as in the National Health Service Act
  2006 (see section 275(1) of that Act);

• “NHS services” means services the provision of which is arranged by the
  Board or a commissioning consortium under the National Health
  20Service Act 2006 (including pursuant to arrangements made under
  section 7A or 12 of that Act);

• “processing” has the same meaning as in the Data Protection Act 1998 (see
  section 1 of that Act);

• “public body” means a body or other person whose functions—

  (a)

  25are of a public nature, or

  (b)

  include functions of that nature,

  but in the latter case, the body or person is a public body to the extent
  only of those functions.

254 Information standards: supplementary

(1) 30Before publishing an information standard, the Secretary of State or the Board
must consult such persons as the Secretary of State or (as the case may be) the
Board considers appropriate.

(2) For the purposes of section 253 the Secretary of State or the Board may adopt
an information standard prepared or published by another person.

CHAPTER 2 35The Health and Social Care Information Centre

Establishment and general duties

255 The Health and Social Care Information Centre

(1) There is to be a body corporate known as the Health and Social Care
Information Centre (referred to in this Chapter as “the Information Centre”).

(2) 40Schedule 19 (which makes further provision about the Information Centre) has
effect.

256 General duties

(1) In exercising its functions the Information Centre must have regard to—

(a) the information standards published by the Secretary of State or the
Board under section 253,

(b) 5such guidance issued by the Secretary of State as the Secretary of State
may require,

(c) such guidance issued by the Board as the Board may require, and

(d) the need to promote the effective, efficient and economic use of
resources in the provision of health services and of adult social care in
10England.

(2) The Information Centre must—

(a) seek to minimise the burdens it imposes on others, and

(b) exercise its functions effectively, efficiently and economically.

(3) In this Chapter—

• 15“adult social care”—

  (a)

  includes all forms of personal care and other practical assistance
  provided for individuals who by reason of age, illness,
  disability, pregnancy, childbirth, dependence on alcohol or
  drugs, or any other similar circumstances, are in need of such
  20care or other assistance, but

  (b)

  does not include anything provided by an establishment or
  agency for which Her Majesty’s Chief Inspector of Education,
  Children’s Services and Skills is the registration authority
  under section 5 of the Care Standards Act 2000;

  25“health services” means services which must or may be provided as
  part of the health service in England.

Functions: information systems

257 Powers to direct Information Centre to establish information systems

(1) The Secretary of State or the Board may direct the Information Centre to
30establish and operate a system for the collection, analysis and publication or
other dissemination of information of a description specified in the direction.

(2) A direction may be given under subsection (1) by the Secretary of State only
if—

(a) it is in respect of information which the Secretary of State considers it is
35necessary or expedient for the Secretary of State to have in relation to
the exercise by the Secretary of State of the Secretary of State’s functions
in connection with the provision of health services or of adult social
care in England, or

(b) the Secretary of State otherwise considers it to be in the interests of the
40health service in England or of the recipients or providers of adult
social care in England for the direction to be given.

(3) A direction may be given under subsection (1) by the Board only if it is in
respect of information which the Board considers it is necessary or expedient
for the Board to have in relation to its exercise of functions in connection with
45the provision of NHS services.

(4) In subsection (3) “NHS services” means services the provision of which is
arranged by the Board or a commissioning consortium under the National
Health Service Act 2006 (including pursuant to arrangements made under
section 7A or 12 of that Act).

(5) 5Before giving a direction under subsection (1) the Secretary of State or (as the
case may be) the Board must consult the Information Centre.

(6) A function conferred by a direction given by the Secretary of State or the Board
under subsection (1) is subject to directions given by the Secretary of State or
(as the case may be) the Board about the Information Centre’s exercise of the
10function.

(7) A direction under subsection (1) may require the Information Centre to
disseminate information (other than by publishing it) only if the Centre is
authorised to do so by section 262 or authorised or required to do so by or
under any other provision of this or any other Act.

258 15Powers to request Information Centre to establish information systems

(1) Any person (including a devolved authority) may request the Information
Centre to establish and operate a system for the collection, analysis and
publication or other dissemination of information of a description specified in
the request.

(2) 20A request under subsection (1) must relate to information which the person
considers it is necessary or expedient for the person to have in relation to the
person’s exercise of functions, or carrying out of activities, in connection with
the provision of health care or adult social care.

(3) A request under subsection (1) may request the Information Centre to
25disseminate information (other than by publishing it) only if the Centre is
authorised to do so by section 262 or authorised or required to do so by or
under any other provision of this or any other Act.

(4) The Information Centre must comply with a mandatory request unless the
Centre considers that the request relates to information of a description
30prescribed in regulations.

(5) For the purposes of this Chapter a “mandatory request” is a request under
subsection (1) which—

(a) is made by a relevant body, and

(b) relates to information which the body considers it is necessary or
35expedient for the body to have in relation to its discharge of a duty in
connection with the provision of health services or of adult social care
in England.

(6) The Secretary of State or the Board may direct the Information Centre not to
comply with a request specified in the direction which is not a mandatory
40request.

(7) The Secretary of State or the Board may direct the Information Centre to
comply with a request specified in the direction which was made by a person
outside the United Kingdom.

(8) Subsection (9) applies where the Information Centre has discretion under this
45section as to whether to comply with—

(a) a mandatory request, or

(b) other request under subsection (1).

(9) In deciding whether to comply with the request, the Information Centre—

(a) must in particular consider whether doing so would interfere to an
unreasonable extent with the exercise by the Centre of any of its
5functions, and

(b) may take into account the extent to which the relevant body or other
person making the request has had regard to advice or guidance given
by the Centre under section 264.

(10) In this section “relevant body” means—

(a) 10Monitor,

(b) the Care Quality Commission,

(c) the National Institute for Health and Care Excellence, and

(d) such other persons as may be prescribed in regulations.

(11) In this Chapter “health care” includes all forms of health care whether relating
15to physical or mental health and also includes procedures that are similar to
forms of medical or surgical care but are not provided in connection with a
medical condition.

259 Requests under section 258: supplementary

(1) The Information Centre must publish procedures for—

(a) 20the making and considering of requests under section 258, and

(b) the reconsideration by the Centre of a decision not to comply with such
a request.

(2) The procedure mentioned in subsection (1)(b) must provide for the person who
made the request to have an opportunity to make representations to the
25Information Centre within a reasonable period for the purposes of the
reconsideration.

(3) The Information Centre may charge a person a reasonable fee in respect of the
cost of complying with a request made by that person under section 258.

(4) Before making a request under section 258 a person must consult the
30Information Centre.

(5) The Information Centre must publish details of—

(a) any mandatory request, and

(b) any other request under section 258 with which the Centre is obliged,
or decides, to comply.

260 35Information systems: supplementary

(1) Before establishing an information system pursuant to a direction under
section 257 or a request under section 258 the Information Centre must
consult—

(a) the person who gave the direction or made the request,

(b) 40representatives of other persons who the Centre considers are likely to
use the information to which the direction or request relates,

(c) representatives of persons from whom that information will be
collected, and

(d) such other persons as the Centre considers appropriate.

(2) If the Information Centre reasonably believes that there is no longer a need to
retain information which it has collected pursuant to a direction under section
257 or a request under section 258, or information derived from such
information, the Centre may destroy the information.

261 5Powers to require and request provision of information

(1) The Information Centre may—

(a) require any person mentioned in subsection (2) to provide it with any
information which the Centre considers it necessary or expedient for
the Centre to have for the purposes of any function it exercises by virtue
10of this Chapter, and

(b) request any other person to provide it with such information.

(2) Those persons are—

(a) a health or social care body;

(b) any person (other than a public body) who provides health services, or
15adult social care in England, pursuant to arrangements made with a
public body exercising functions in connection with the provision of
such services or care.

(3) A requirement under subsection (1)(a) must be complied with by providing the
information to the Information Centre in such form and manner, and within
20such period, as the Centre may specify.

(4) If the Information Centre considers it appropriate to do so, the Centre may
make a payment to any person who has provided information to the Centre
pursuant to a request made under subsection (1)(b) in respect of the costs to
that person of doing so.

(5) 25The Information Centre must publish a procedure for notifying persons of
requirements imposed, and requests made, under subsection (1).

(6) In imposing requirements under this section the Information Centre must co-
operate with any other person who is authorised to require the provision of
information from a person mentioned in subsection (2).

(7) 30The provision of information under this section—

(a) does not breach any obligation of confidence owed by the person
providing it, but

(b) is subject to any express restriction on disclosure imposed by or under
another Act (other than any restriction which allows disclosure if
35authorised by or under an Act).

(8) In this Chapter “health or social care body” means a public body which
exercises functions in connection with the provision of health services or of
adult social care in England.

262 Publication of information

(1) 40The Information Centre must publish all information which it collects
pursuant to a direction under section 257 or a request under section 258 unless
the information falls within subsection (2); and, subject to the following
provisions of this section, if the information falls within that subsection, the
Centre must not publish it.

(2) Information falls within this subsection if—

(a) the information is in a form which identifies any relevant person to
whom the information relates or enables the identity of such a relevant
person to be ascertained and the Centre, after taking into account the
5public interest as well as the interests of the relevant person, considers
that it is not appropriate for the information to be published,

(b) the information is in a form which identifies any individual to whom
the information relates who is not a relevant person or enables the
identity of such an individual to be ascertained,

(c) 10the Centre considers that—

(i) the information fails to meet the information standards
published under section 253 (so far as they are applicable), and

(ii) it would not be in the public interest to publish the information,
or

(d) 15the information is of a description specified in a direction given to the
Centre by the Secretary of State or the Board.

(3) A direction under section 257 may provide that the obligation to publish
imposed by subsection (1) applies to information falling within subsection
(2)(a).

(4) 20The Information Centre may disseminate to any such persons and in such
manner as it considers appropriate any information which it collects pursuant
to a direction under section 257 or a request under section 258 and which falls
within subsection (5).

(5) Information falls within this subsection if—

(a) 25the information is required to be published under this section,

(b) the information is in a form which identifies any relevant person to
whom the information relates or enables the identity of such a relevant
person to be ascertained and the Centre, after taking into account the
public interest as well as the interests of the relevant person, considers
30that it is appropriate for the information to be disseminated, or

(c) the Centre is prohibited from publishing the information only by virtue
of it falling within subsection (2)(c) and the Centre considers it would
be in the public interest for the information to be disseminated.

(6) In the case of a direction under section 257 or a mandatory request under
35section 258 the power in subsection (4) is subject to the requirements of the
direction or mandatory request.

(7) Nothing in this section prevents the Information Centre from disseminating
information (otherwise than by publishing it) pursuant to the exercise of any
function conferred by or under any other provision of this or any other Act.

(8) 40Where the Information Centre publishes information which it collects
pursuant to a direction under section 257 or a mandatory request under section
258 in accordance with the requirements of the direction or the mandatory
request, it may also publish the information in such other form and such other
manner, and at such other intervals, as it considers appropriate.

(9) 45Where the Information Centre publishes information which it collects
pursuant to a request under section 258 other than a mandatory request, the
Centre may publish the information in such form and such manner, and at
such intervals, as it considers appropriate.