some default text...

Health and Social Care Bill (HL Bill 92)

Health and Social Care BillPage 420

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

11 In section 7 of the National Health Service (Wales) Act 2006 (NHS contracts)
in subsection (4), after paragraph (k) insert—

(ka) the National Institute for Health and Care Excellence,.

5 Health and Social Care Act 2008 (c. 14)Health and Social Care Act 2008 (c. 14)

(1) The Health and Social Care Act 2008 is amended as follows.

(2) Omit section 45 (standards set by the Secretary of State) and the preceding
cross-heading.

(3) In section 53 (information and advice given by Care Quality Commission to
10Secretary of State) in subsection (3)—

(a) at the end of paragraph (a) insert “or”, and

(b) omit paragraph (c) and the word “or” immediately preceding it.

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

13 In section 2 of the Health Act 2009 (duty to have regard to the NHS
15Constitution) in subsection (2), after paragraph (d) insert—

(da) the National Institute for Health and Care Excellence;.

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

14 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
20functions relate to the health service add—

  • The National Institute for Health and Care Excellence.

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

15 In Part 1 of the Schedule to the National Assembly for Wales
(Disqualification) Order 2010 (bodies of which the members are
25disqualified), at the appropriate place insert—

  • National Institute for Health and Care Excellence;.

Section 249

SCHEDULE 19 The Health and Social Care Information Centre

Membership, appointment, etc.

(1) 30The Information Centre consists of—

(a) at least six members appointed by the Secretary of State (referred to
in this Schedule as the “non-executive members”), and

(b) not more than five other members appointed by the non-executive
members (referred to in this Schedule as the “executive members”).

(2) 35One of the non-executive members must be appointed as the chair.

Health and Social Care BillPage 421

(3) One of the executive members must be appointed as the chief executive; but
the appointment may not be made without the approval of the Secretary of
State.

(4) The first chief executive is to be appointed by the Secretary of State.

(5) 5The executive members are employees of the Information Centre.

Tenure of non-executive office

(1) The chair and other non-executive members—

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

(b) 10may 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
non-executive member on any of the following grounds—

(a) incapacity,

(b) misbehaviour, or

(c) 15failure 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
non-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
20four years.

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

Suspension from non-executive office

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

(2) 25The 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) The notice may be—

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

(b) 30sent 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
which 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) 35The Secretary of State—

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

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

(7) 40Following a review during a period of suspension, the Secretary of State
may—

Health and Social Care BillPage 422

(a) revoke 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) 5decides that there are no grounds to remove the person from office
under paragraph 2(2), or

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

(1) This paragraph applies where a person is suspended from office as the chair
10under 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) The interim chair—

(a) holds and vacates office in accordance with the terms of the
15appointment, 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) the period ending with either—

(i) the appointment of a new chair, or

(ii) 20the 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) A person who ceases to be the interim chair is eligible for re-appointment.

Remuneration etc. of non-executive members

(1) 25The 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
pensions, 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) 30If 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
the person of such amount as the Secretary of State may determine.

Staff

(1) 35The 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
allowances as the Centre may determine.

(3) Employees of the Information Centre are to be appointed on such other
40terms and conditions as the Centre may determine.

Health and Social Care BillPage 423

(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
person who is or has been an employee of the Centre.

(5) Before making a determination as to remuneration, pensions, allowances or
5gratuities 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

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

(2) 10A 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) is a member of a committee or sub-committee, but

(b) 15is not an employee of the Centre,

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

Procedure

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

(2) The validity of any act of the Information Centre is not affected by any
20vacancy 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
behalf by—

(a) 25a non-executive member;

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

(c) a committee or sub-committee.

General powers

(1) The Information Centre may do anything which appears to it to be necessary
30or 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) The Information Centre may do any of the following only with the approval
35of 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) provide loans and guarantees and make other kinds of financial
40provision to or in respect of companies.

Health and Social Care BillPage 424

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

Finance

(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
thinks appropriate.

(2) 10Payments 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
determine.

15Reports

(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) The Information Centre must—

(a) 20lay 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
the Secretary of State may require.

(4) 25In 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.

Accounts

(1) 30The 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) the content and form of its accounts, and

(b) 35the 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
accounts prepared by virtue of paragraph 15.

(1) 40The Information Centre must prepare annual accounts in respect of each
financial year.

Health and Social Care BillPage 425

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

(3) 5The 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.

(1) The Secretary of State may, with the approval of the Treasury, direct the
Information Centre to prepare accounts in respect of such period or periods
10as 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) 15examine, 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) 20lay copies of them and the report before Parliament.

Seal and evidence

(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) 25A 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

(1) The Information Centre must not be regarded as the servant or agent of the
30Crown 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 271

SCHEDULE 20 Part 9: consequential amendments

35 Public 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.

Health and Social Care BillPage 426

Parliamentary 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.

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

3 In 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.

10 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—

  • The Health and Social Care Information Centre.

15 Access to Health Records Act 1990 (c. 23)Access to Health Records Act 1990 (c. 23)

5 In section 11 of the Access to Health Records Act 1990 (interpretation) in the
definition of “health service body”, at the end insert—

(f) the Health and Social Care Information Centre;.

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

(1) 20The Employment Rights Act 1996 is amended as follows.

(2) In section 50 (right to time off for public duties) in subsection (8), after
paragraph (ac) (inserted by Schedule 18) insert—

(ad) the Health and Social Care Information Centre,.

(3) In section 218 (change of employer) in subsection (10), after paragraph (cc)
25(inserted by Schedule 18) insert—

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

Data Protection Act 1998 (c. 29)Data Protection Act 1998 (c. 29)

7 In section 69 of the Data Protection Act 1998 (meaning of “health
professional”) in subsection (3), after paragraph (fb) (inserted by Schedule
3018) insert—

(fc) the Health and Social Care Information Centre,.

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

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

  • 35The Health and Social Care Information Centre.

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

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

Health and Social Care BillPage 427

(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
5bodies) 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) 10For 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)

(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
15by Schedule 18) insert—

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

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

11 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
2018) insert—

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

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

12 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
25functions 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)

13 In Part 1 of the Schedule to the National Assembly for Wales
(Disqualification) Order 2010 (bodies of which the members are
30disqualified), at the appropriate place insert—

  • Health and Social Care Information Centre;.

Health and Social Care BillPage 428

Sections 272, 273 and 274

SCHEDULE 21 Part 10: consequential amendments and savings

Part 1 The Alcohol Education and Research Council

5Consequential amendments

1 Omit the entry for the Alcohol Education and Research Council in each of
the 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 10Omit 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
Licensing (Alcohol Education and Research) Act 1981.

3 In consequence of the repeal made by section 272(2)—

(a) in Schedule 2 to the Trustee Act 2000, omit paragraph 40 (and the
15preceding cross-heading), and

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

Savings

(1) Anything which is in the process of being done by the Alcohol Education
20and Research Council under an enactment immediately before abolition
may be continued by the Secretary of State.

(2) Anything 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) 25The 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
abolition.

(4) In this paragraph—

  • “abolition” means the commencement of section 272(1);

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

Part 2 The Appointments Commission

Consequential amendments

(1) 35Omit 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
Disqualification Act 1975, and

Health and Social Care BillPage 429

(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 5Omit 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) 10the Osteopaths Act 1993, and

(e) the Chiropractors Act 1994.

7 In consequence of the repeal made by section 273(2)—

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

(b) 15in 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
20preceding cross-heading).

Savings

(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) 25If 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) 30Despite section 273(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
35Secretary of State, and

(b) the duty under sub-paragraph (3)(b) of that paragraph must be
discharged 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
40Commission, be done by the Secretary of State after abolition.

(5) In this paragraph—

  • “abolition” means the commencement of section 273(1);

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