Health and Social Care Bill (HC Bill 221)

(a) hold and vacate office in accordance with the terms of their
appointments, but

(b) may resign office by giving notice to the Secretary of State.

(2) The Secretary of State may remove a person from office as the chair or other
5non-executive member on any of the following grounds—

(a) incapacity,

(b) misbehaviour, or

(c) failure to carry out his or her duties as a non-executive member.

(3) The Secretary of State may suspend a person from office as the chair or other
10non-executive member if it appears to the Secretary of State that there are or
may be grounds to remove the person from office under sub-paragraph (2).

(4) A non-executive member may not be appointed for a period of more than
four years.

(5) A person who ceases to be the chair or another non-executive member is
15eligible for re-appointment.

Suspension from non-executive office

3 (1) This paragraph applies where a person is suspended under paragraph 2(3).

(2) The Secretary of State must give notice of the decision to the person; and the
suspension takes effect on receipt by the person of the notice.

(3) 20The notice may be—

(a) delivered in person (in which case, the person is taken to receive it
when it is delivered), or

(b) sent by first class post to the person’s last known address (in which
case, the person is taken to receive it on the third day after the day on
25which it is posted).

(4) The initial period of suspension must not exceed six months.

(5) The Secretary of State may at any time review the suspension.

(6) The Secretary of State—

(a) must review the suspension if requested in writing by the person to
30do so, but

(b) need not review the suspension less than three months after the
beginning of the initial period of suspension.

(7) Following a review during a period of suspension, the Secretary of State
may—

(a) 35revoke the suspension, or

(b) suspend the person for another period of not more than six months
from the expiry of the current period.

(8) The Secretary of State must revoke the suspension if the Secretary of State—

(a) decides that there are no grounds to remove the person from office
40under paragraph 2(2), or

(b) decides that there are grounds to do so but does not remove the
person from office under that provision.

4 (1) This paragraph applies where a person is suspended from office as the chair
under paragraph 2(3).

(2) The Secretary of State may appoint a non-executive member as the interim
chair to exercise the chair’s functions.

(3) 5The interim chair—

(a) holds and vacates office in accordance with the terms of the
appointment, but

(b) may resign office by giving notice in writing to the Secretary of State.

(4) Appointment as interim chair is for a term not exceeding the shorter of—

(a) 10the period ending with either—

(i) the appointment of a new chair, or

(ii) the revocation or expiry of the existing chair’s suspension,
and

(b) the remainder of the interim chair’s term as a non-executive member.

(5) 15A person who ceases to be the interim chair is eligible for re-appointment.

Remuneration etc. of non-executive members

5 (1) The Information Centre must pay to the non-executive members such
remuneration and allowances as the Secretary of State may determine.

(2) The Information Centre must pay or make provision for the payment of such
20pensions, allowances or gratuities as the Secretary of State may determine to
or in respect of any person who is or has been a non-executive member.

(3) If a person ceases to be a non-executive member and the Secretary of State
decides that there are exceptional circumstances which mean that the person
should be compensated, the Information Centre must pay compensation to
25the person of such amount as the Secretary of State may determine.

Staff

6 (1) The Information Centre may appoint such persons to be employees of the
Centre as it considers appropriate.

(2) Employees of the Information Centre are to be paid such remuneration and
30allowances as the Centre may determine.

(3) Employees of the Information Centre are to be appointed on such other
terms and conditions as the Centre may determine.

(4) The Information Centre may pay or make provision for the payment of such
pensions, allowances or gratuities as it may determine to or in respect of any
35person who is or has been an employee of the Centre.

(5) Before making a determination as to remuneration, pensions, allowances or
gratuities for the purposes of sub-paragraph (2) or (4), the Centre must
obtain the approval of the Secretary of State to its policy on that matter.

Committees

7 (1) 40The Information Centre may appoint such committees and sub-committees
as it considers appropriate.

(2) A committee or sub-committee may consist of or include persons who are
not members or employees of the Information Centre.

(3) The Information Centre may pay such remuneration and allowances as it
may determine to any person who—

(a) 5is a member of a committee or sub-committee, but

(b) is not an employee of the Centre,

whether or not that person is a non-executive member of the Centre.

Procedure

8 (1) The Information Centre may regulate its own procedure.

(2) 10The validity of any act of the Information Centre is not affected by any
vacancy among the members or by any defect in the appointment of a
member.

Exercise of functions

9 The Information Centre may arrange for the exercise of its functions on its
15behalf by—

(a) a non-executive member;

(b) an employee (including an executive member);

(c) a committee or sub-committee.

General powers

10 (1) 20The Information Centre may do anything which appears to it to be necessary
or expedient for the purposes of, or in connection with, the exercise of its
functions.

(2) Except as provided by paragraph 11(3), the Information Centre has no
power to borrow money.

(3) 25The Information Centre may do any of the following only with the approval
of the Secretary of State—

(a) form, or participate in the forming of, companies,

(b) invest in companies (whether by acquiring assets, securities or rights
or otherwise), and

(c) 30provide loans and guarantees and make other kinds of financial
provision to or in respect of companies.

(4) The approval of the Secretary of State may be given for the purposes of sub-
paragraph (3) subject to such conditions as the Secretary of State thinks
appropriate.

(5) 35In this paragraph “company” has the same meaning as in the Companies
Acts (see section 1(1) of the Companies Act 2006).

Finance

11 (1) The Secretary of State may make payments to the Information Centre out of
money provided by Parliament of such amounts as the Secretary of State
40thinks appropriate.

(2) Payments made under sub-paragraph (1) may be made at such times and on
such conditions (if any) as the Secretary of State thinks appropriate.

(3) The Secretary of State may lend money to the Information Centre on such
terms (including as to repayment and interest) as the Secretary of State may
5determine.

Reports

12 (1) As soon as practicable after the end of each financial year, the Information
Centre must prepare an annual report on how it has exercised its functions
during the year.

(2) 10The Information Centre must—

(a) lay a copy of the report before Parliament, and

(b) once it has done so, send a copy of it to the Secretary of State.

(3) The Information Centre must provide the Secretary of State with such other
reports and information relating to the exercise of the Centre’s functions as
15the Secretary of State may require.

(4) In this paragraph and paragraph 14 “financial year” means—

(a) the period beginning on the day on which section 1 comes into force
and ending on the following 31 March, and

(b) each successive period of 12 months.

20Accounts

13 (1) The Information Centre must keep proper accounts and proper records in
relation to the accounts.

(2) The Secretary of State may, with the approval of the Treasury, give
directions to the Information Centre as to—

(a) 25the content and form of its accounts, and

(b) the methods and principles to be applied in the preparation of its
accounts.

(3) In sub-paragraph (2) a reference to accounts includes the Information
Centre’s annual accounts prepared under paragraph 14 and any interim
30accounts prepared by virtue of paragraph 15.

14 (1) The Information Centre must prepare annual accounts in respect of each
financial year.

(2) The Information Centre must send copies of the annual accounts to the
Secretary of State and the Comptroller and Auditor General within such
35period after the end of the financial year to which the accounts relate as the
Secretary of State may direct.

(3) The Comptroller and Auditor General must—

(a) examine, certify and report on the annual accounts, and

(b) lay copies of them and the report before Parliament.

15 (1) 40The Secretary of State may, with the approval of the Treasury, direct the
Information Centre to prepare accounts in respect of such period or periods
as may be specified in the direction (“interim accounts”).

(2) The Information Centre must send copies of any interim accounts to the
Secretary of State and the Comptroller and Auditor General within such
period as the Secretary of State may direct.

(3) The Comptroller and Auditor General must—

(a) 5examine, certify and report on any interim accounts sent by virtue of
sub-paragraph (2), and

(b) if the Secretary of State so directs—

(i) send a copy of the report on the accounts to the Secretary of
State, and

(ii) 10lay copies of them and the report before Parliament.

Seal and evidence

16 (1) The application of the Information Centre’s seal must be authenticated by
the signature of the chair or of any employee who has been authorised
(generally or specifically) for that purpose.

(2) 15A document purporting to be duly executed under the Information Centre’s
seal or to be signed on its behalf must be received in evidence and, unless the
contrary is proved, taken to be so executed or signed.

Status

17 (1) The Information Centre must not be regarded as the servant or agent of the
20Crown or as enjoying any status, immunity or privilege of the Crown.

(2) The Information Centre’s property must not be regarded as property of, or
property held on behalf of, the Crown.

Section 276

SCHEDULE 20 Part 9: consequential amendments

25Public Bodies (Admission to Meetings) Act 1960 (c. 67)Public Bodies (Admission to Meetings) Act 1960 (c. 67)

1 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960
(bodies to which that Act applies) in paragraph 1, after paragraph (n)
(inserted by Schedule 18) insert—

“(o) the Health and Social Care Information Centre.”

30Parliamentary Commissioner Act 1967 (c. 13)Parliamentary Commissioner Act 1967 (c. 13)

2 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc.
subject to investigation) at the appropriate place insert—

• “Health and Social Care Information Centre.”

House of Commons Disqualification Act 1975 (c. 24)House of Commons Disqualification Act 1975 (c. 24)

3 35In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(bodies of which all members are disqualified) at the appropriate place
insert—

• “The Health and Social Care Information Centre.”

Northern Ireland Assembly Disqualification Act 1975 (c. 25)Northern Ireland Assembly Disqualification Act 1975 (c. 25)

4 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (bodies of which all members are disqualified) at the appropriate
place insert—

• 5“The Health and Social Care Information Centre.”

Employment Rights Act 1996 (c. 18)Employment Rights Act 1996 (c. 18)

5 In section 218 of the Employment Rights Act 1996 (change of employer) in
subsection (10), after paragraph (cc) (inserted by Schedule 18) insert—

“(cd) the Health and Social Care Information Centre,”.

10Freedom of Information Act 2000 (c. 36)Freedom of Information Act 2000 (c. 36)

6 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
bodies and offices: general) at the appropriate place insert—

• “The Health and Social Care Information Centre.”

National Health Service Act 2006 (c. 41)National Health Service Act 2006 (c. 41)

7 (1) 15The National Health Service Act 2006 is amended as follows.

(2) In section 9 (NHS contracts) in subsection (4), after paragraph (ka) (inserted
by Schedule 18) insert—

“(kb) the Health and Social Care Information Centre,”.

(3) In section 71 (schemes for losses and liabilities of certain health service
20bodies) in subsection (2), after paragraph (da) (inserted by Schedule 18)
insert—

“(db) the Health and Social Care Information Centre,”.

(4) In section 72 (co-operation between NHS bodies), after subsection (2)
(inserted by Schedule 18 of this Act) insert—

“(3) 25For the purposes of this section, the Health and Social Care
Information Centre is an NHS body.”

National Health Service (Wales) Act 2006 (c. 42)National Health Service (Wales) Act 2006 (c. 42)

8 (1) The National Health Service (Wales) Act 2006 is amended as follows.

(2) In section 7 (NHS contracts) in subsection (4), after paragraph (ka) (inserted
30by Schedule 18) insert—

“(kb) the Health and Social Care Information Centre,”.

Health Act 2009 (c. 21)Health Act 2009 (c. 21)

9 In section 2 of the Health Act 2009 (duty to have regard to the NHS
Constitution), in subsection (2) after paragraph (da) (inserted by Schedule
3518) insert—

“(db) the Health and Social Care Information Centre;”.

Equality Act 2010 (c. 15)Equality Act 2010 (c. 15)

10 In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public

sector equality duty) at the end of the group of entries for bodies whose
functions relate to the health service add—

• “The Health and Social Care Information Centre.”

National Assembly for Wales (Disqualification) Order 2010 (S.I. 2010/2969S.I. 2010/2969)

11 5In Part 1 of the Schedule to the National Assembly for Wales
(Disqualification) Order 2010 (bodies of which the members are
disqualified), at the appropriate place insert—

• “Health and Social Care Information Centre;”.

Sections 277, 278 and 279

SCHEDULE 21 10Part 10: consequential amendments and savings

Part 1 The Alcohol Education and Research Council

Consequential amendments

1 Omit the entry for the Alcohol Education and Research Council in each of
15the following—

(a) Schedule 2 to the Parliamentary Commissioner Act 1967, and

(b) Part 6 of Schedule 1 to the Freedom of Information Act 2000.

2 Omit the entry in Part 3 of Schedule 1 to the House of Commons
Disqualification Act 1975 for the liquidator appointed under section 2 of the
20Licensing (Alcohol Education and Research) Act 1981.

3 In consequence of the repeal made by section 277(2)—

(a) in Schedule 2 to the Trustee Act 2000, omit paragraph 40 (and the
preceding cross-heading), and

(b) in Schedule 3 to the Health Act 2009, omit paragraph 2 (and the
25preceding cross-heading).

Savings

4 (1) Anything which is in the process of being done by the Alcohol Education
and Research Council under an enactment immediately before abolition
may be continued by the Secretary of State.

(2) 30Anything which the Council is required to do under an enactment before
abolition may, in so far as it has not been done by the Council, be done by
the Secretary of State after abolition.

(3) The Secretary of State must prepare a report on the activities of the Council
during the period that begins with the 1 April before abolition and ends with
35abolition.

(4) In this paragraph—

• “abolition” means the commencement of section 277(1);

Health and Social Care BillPage 407

• “enactment” includes an enactment contained in subordinate
  legislation (within the meaning of the Interpretation Act 1978).

Part 2 The Appointments Commission

5Consequential amendments

5 (1) Omit the entry for the Appointments Commission in each of the following—

(a) Part 2 of Schedule 1 to the House of Commons Disqualification
Act 1975,

(b) Part 2 of Schedule 1 to the Northern Ireland Assembly
10Disqualification Act 1975, and

(c) Part 6 of Schedule 1 to the Freedom of Information Act 2000.

(2) In consequence of those repeals, in Schedule 8 to the Health Act 2006, omit
paragraphs 4, 5 and 45(3) (and the cross-heading preceding each of
paragraphs 4 and 5).

6 15Omit paragraph 1A(4) of Schedule 1 (membership of governing Council) to
each of the following—

(a) the Medical Act 1983,

(b) the Dentists Act 1984,

(c) the Opticians Act 1989,

(d) 20the Osteopaths Act 1993, and

(e) the Chiropractors Act 1994.

7 In consequence of the repeal made by section 278(2)—

(a) in Schedule 1 to the National Health Service (Consequential
Provisions) Act 2006, omit paragraphs 284 to 286,

(b) 25in Schedule 5 to the Health and Social Care Act 2008, omit
paragraphs 79 and 80 (and the preceding cross-heading),

(c) in Schedule 10 to that Act, omit paragraphs 20 to 23 (and the
preceding cross-heading), and

(d) in Schedule 3 to the Health Act 2009, omit paragraph 8 (and the
30preceding cross-heading).

Savings

8 (1) Anything which is in the process of being done by the Appointments
Commission under an enactment immediately before abolition may be
continued by the Secretary of State.

(2) 35If abolition is to occur at a time other than immediately after the end of a
financial year within the meaning of paragraph 22 of Schedule 4 to the
Health Act 2006 (accounts), the period that begins with the 1 April before
abolition and ends with abolition is to be treated as a financial year for the
purposes of that paragraph.

(3) 40Despite section 278(2), paragraph 22 of that Schedule is to continue to have
effect for the purpose of imposing the duties under sub-paragraphs (2),
(3)(b) and (4) of that paragraph; and for that purpose—

(a) the duty under sub-paragraph (2) of that paragraph, in so far as it has
not been discharged by the Commission, must be discharged by the
Secretary of State, and

(b) the duty under sub-paragraph (3)(b) of that paragraph must be
5discharged by the Secretary of State.

(4) Subject to that, anything which the Commission is required to do under an
enactment before abolition may, in so far as it has not been done by the
Commission, be done by the Secretary of State after abolition.

(5) In this paragraph—

• 10“abolition” means the commencement of section 278(1);

• “enactment” includes an enactment contained in subordinate
  legislation (within the meaning of the Interpretation Act 1978).

Part 3 The National Information Governance Board for Health and Social Care

15Consequential amendments

9 (1) Omit the entry for the National Information Governance Board for Health
and Social Care in each of the following—

(a) Schedule 2 to the Parliamentary Commissioner Act 1967,

(b) Part 2 of Schedule 1 to the House of Commons Disqualification
20Act 1975, and

(c) Part 6 of Schedule 1 to the Freedom of Information Act 2000.

(2) In consequence of those repeals, in Schedule 14 to the Health and Social Care
Act 2008, omit paragraphs 2 to 4 (and the cross-heading preceding each of
those paragraphs).

10 (1) 25In section 271 of the National Health Service Act 2006 (territorial limit of
exercise of functions), in subsection (3), omit paragraph (fa).

(2) In consequence of that repeal, in Schedule 14 to the Health and Social Care
Act 2008, omit paragraph 5 (and the preceding cross-heading).

11 In consequence of the repeal made by section 279(2), omit sections 157(1) and
30158 of the Health and Social Care Act 2008.

Savings

12 (1) Anything which is in the process of being done by the National Information
Governance Board for Health and Social Care under an enactment
immediately before abolition may be continued by the Secretary of State.

(2) 35Despite section 279(2), section 250D of the National Health Service Act 2006
(annual report) is to continue to have effect for the purpose of imposing the
duty under subsection (1)(a); and for that purpose—

(a) if abolition is to occur at a time other than immediately after the end
of a reporting year within the meaning of that section, the period that
40begins with the 1 April before abolition and ends with abolition is to
be treated as a reporting year for the purposes of that section, and

(b) the duty under subsection (1)(a) of that section must be discharged
by the Secretary of State.

(3) Anything which the Board is required to do under an enactment before
abolition may, in so far as it has not been done by the Board, be done by the
Secretary of State after abolition.

(4) In this paragraph—

• 5“abolition” means the commencement of section 279(1);

• “enactment” includes an enactment contained in subordinate
  legislation (within the meaning of the Interpretation Act 1978).

Section 296

SCHEDULE 22 Amendments relating to relationships between the health services

10National Health Service (Scotland) Act 1978 (c. 29)National Health Service (Scotland) Act 1978 (c. 29)

1 The National Health Service (Scotland) Act 1978 is amended as follows.

2 (1) Section 17A (NHS contracts) is amended as follows.

(2) In subsection (1), in paragraph (b) for “(q)” substitute “(s)”.

(3) In subsection (2)—

(a) 15after paragraph (c) insert —

“(ca) the Scottish Ministers;”,

(b) for paragraph (f) substitute—

“(f) Local Health Boards established under section 11 of
the National Health Service (Wales) Act 2006;”,

(c) 20for paragraph (ff) substitute—

“(fa) Special Health Authorities established under section
28 of the National Health Service Act 2006;

(fb) Special Health Authorities established under section
22 of the National Health Service (Wales) Act 2006;”,

(d) 25omit paragraph (h),

(e) before paragraph (k) insert—

“(ja) the National Health Service Commissioning Board;

(jb) commissioning consortia established under section
14D of the National Health Service Act 2006;”,

(f) 30in paragraph (k), for “section 5 of the National Health Service and
Community Care Act 1990” substitute “section 18 of the National
Health Service (Wales) Act 2006”,

(g) omit paragraph (ka),

(h) after paragraph (m) insert—

“(ma) 35the Welsh Ministers;”,

(i) after paragraph (p) omit the “and,”,

(j) after paragraph (q) insert—

“(r) the National Institute for Health and Care Excellence;
and

(s) 40the Health and Social Care Information Centre,”