Health and Social Care Bill

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Part 8 — The National Institute for Health and Care Excellence
241

Functions: advice, guidance etc.
237
Advice, guidance, information and recommendations
(1)
Regulations may confer functions on NICE in relation to the giving of advice
or guidance, provision of information or making of recommendations about
any matter concerning or connected with the provision of—
5
(a)
NHS services,
(b)
public health services, or
(c)
social care in England.
(2)
The regulations may provide that a function conferred under subsection
(1)(a)—
10
(a)
is only exercisable on the direction of the Secretary of State or the Board;
(b)
is subject to directions given by the Secretary of State or (as the case
may be) the Board about NICE’s exercise of the function.
(3)
The regulations may provide that a function conferred under subsection (1)(b)
or (c)—
15
(a)
is only exercisable on the direction of the Secretary of State;
(b)
is subject to directions given by the Secretary of State about NICE’s
exercise of the function.
(4)
Provision made under subsection (2)(b) or (3)(b) must not permit a direction to
be given about the substance of advice, guidance or recommendations of
20
NICE.
(5)
The regulations may make provision about—
(a)
the persons who may request or require that advice, guidance,
information or recommendations be given, provided or (as the case
may be) made by NICE,
25
(b)
the publication or other dissemination of the advice, guidance,
information or recommendations (whether by NICE, the Secretary of
State or the Board), and
(c)
the imposition by NICE of charges for or in connection with the giving
of advice or guidance, provision of information or making of
30
recommendations.
(6)
Provision made under subsection (5)(c) may include provision for charges to
be calculated on the basis NICE considers to be the appropriate commercial
basis.
(7)
The regulations must make provision about—
35
(a)
the establishment by NICE of procedures for the giving of advice or
guidance, provision of information or making of recommendations
under the regulations, and
(b)
consultation by NICE in establishing the procedures.
(8)
The regulations may make provision requiring specified health or social care
40
bodies, or health or social care bodies of a specified description, to—
(a)
have regard to specified advice or guidance, or advice or guidance of a
specified description, given by NICE pursuant to the regulations;
(b)
comply with specified recommendations, or recommendations of a
specified description, made by NICE pursuant to the regulations.
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Health and Social Care Bill
Part 8 — The National Institute for Health and Care Excellence
242

(9)
Provision made under subsection (8) may require a specified body, or bodies
of a specified description, to have regard to advice or guidance or to comply
with recommendations—
(a)
generally in the exercise of functions, or
(b)
in the exercise of specified functions or functions of a specified
5
description.
(10)
But provision made under subsection (8) may impose a requirement on a local
authority, or a description of local authorities, only if the requirement relates
to—
(a)
the exercise by an authority of any of its functions under section 2B or
10
111 of, or paragraphs 1 to 7B or 13 of Schedule 1 to, the National Health
Service Act 2006;
(b)
the exercise by an authority of any of its functions by virtue of section
6C(1) or (3) of that Act;
(c)
anything done by an authority in pursuance of arrangements under
15
section 7A of that Act.
(11)
In this section—
“health or social care body” means any public body exercising functions
in connection with the provision of health services or of social care in
England;
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“local authority” means—
(a)
a county council in England;
(b)
a district council in England, other than a council for a district
in a county for which there is a county council;
(c)
a London borough council;
25
(d)
the Council of the Isles of Scilly;
(e)
the Common Council of the City of London;
‘“public body” means a body or other person whose functions—
(a)
are of a public nature, or
(b)
include functions of that nature,
30
but, in the latter case, the body or person is a public body to the extent
only of those functions;
“specified” means specified in the regulations.
238
NICE recommendations: appeals
(1)
Regulations under section 237 may make provision about appeals against
35
recommendations made by NICE pursuant to the regulations.
(2)
The regulations may, in particular, include provision about—
(a)
the types of recommendations in relation to which an appeal may be
brought,
(b)
the persons who may bring an appeal,
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(c)
the grounds on which an appeal may be brought, and
(d)
the persons by whom an appeal is to be heard.

Health and Social Care Bill
Part 8 — The National Institute for Health and Care Excellence
243

239
Training
(1)
Regulations may confer functions on NICE in relation to providing, or
facilitating the provision of, training in connection with any matter concerning
or connected with the provision of—
(a)
NHS services,
5
(b)
public health services, or
(c)
social care in England.
(2)
The regulations may provide that a function conferred under subsection
(1)(a)—
(a)
is only exercisable on the direction of the Board;
10
(b)
is subject to directions given by the Board about NICE’s exercise of the
function.
(3)
The regulations may provide that a function conferred under subsection (1)(b)
or (c)—
(a)
is only exercisable on the direction of the Secretary of State;
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(b)
is subject to directions given by the Secretary of State about NICE’s
exercise of the function.
(4)
The regulations may provide for the imposition by NICE of charges for or in
connection with the provision, or the facilitation of the provision, of training.
(5)
Provision made under subsection (4) may include provision for charges to be
20
calculated on the basis NICE considers to be the appropriate commercial basis.
240
Advisory services
(1)
Regulations may confer functions on NICE in relation to the giving of advice
to persons (whether or not in the United Kingdom) in relation to any matter
concerning or connected with—
25
(a)
the provision of health care,
(b)
the protection or improvement of public health, or
(c)
the provision of social care.
(2)
The regulations may make provision about the imposition of charges by NICE
for or in connection with the giving of such advice.
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(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
procedures that are similar to forms of medical or surgical care but are not
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provided in connection with a medical condition.
241
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
section 14Z8 of the National Health Service Act 2006 (the “commissioning
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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.

Health and Social Care Bill
Part 8 — The National Institute for Health and Care Excellence
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(3)
If requested to do so, NICE must—
(a)
provide 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 to such persons and in such
5
manner as may be specified in the request.
Functions: other
242
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
10
(referred to in this section as “the charter”).
(2)
The 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
15
(d)
the manner in which the charter must or may be published.
243
Additional 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,
20
(c)
supply accommodation to any person,
(d)
supply 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—
25
(a)
if doing so is connected with the provision of health care or social care,
and
(b)
to the extent that its exercise does not to any significant extent interfere
with the performance by NICE of any function it has under or by virtue
of any other provision of this Part.
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(3)
NICE may—
(a)
charge for anything it does in the exercise of a power under
subsection (1), and
(b)
calculate any such charge on the basis that it considers to be the
appropriate commercial basis.
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244
Arrangements with other bodies
(1)
NICE may arrange with any person or body to provide, or assist in providing,
any 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
40
agreed, including terms as to the making of payments by or to NICE.