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
245

245
Failure by NICE to discharge any of its functions
(1)
The 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
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(ii)
is failing or has failed properly to discharge any of its functions,
and
(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
10
specified in the direction.
(3)
If 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
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Secretary of State’s behalf.
(4)
Where the Secretary of State exercises a power under subsection (1) or (3), the
Secretary of State must publish reasons for doing so.
(5)
For the purposes of this section, a failure to discharge a function properly
includes a failure to discharge it consistently with what the Secretary of State
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considers to be the interests of the health service in England or (as the case may
be) with what otherwise appears to the Secretary of State to be the purpose for
which it is conferred.
246
Protection from personal liability
(1)
Section 265 of the Public Health Act 1875 (which relates to the protection of
25
members and officers of certain authorities from personal liability) has effect as
if 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
30
were a reference to this Act.
Supplementary
247
Interpretation of this Part
In this Part—
“the Board” means the National Health Service Commissioning Board;
35
“health care” has the meaning given by section 240(4);
“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 233(3);
“NHS services” has the meaning given by section 234(11);
40
“public health services” has the meaning given by section 234(11);
“quality standard” has the meaning given by section 234(2);
“social care” has the meaning given by section 233(3).

Health and Social Care Bill
Part 8 — The National Institute for Health and Care Excellence
246

248
Dissolution of predecessor body
The Special Health Authority known as the National Institute for Health and
Clinical Excellence is abolished.
249
Consequential and transitional provision
(1)
Schedule 17 (which contains consequential provision) has effect.
5
(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
quality standard—
(a)
prepared and published by NICE in accordance with section 234,
(b)
endorsed under subsection (5) of that section, and
10
(c)
in respect of which the transitional commissioner is the relevant
commissioner for the purposes of that section.
(3)
Subsections (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
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(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
treated 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 234(1); and the transitional commissioner
20
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
is to be treated on and after commencement as having been done by NICE in
pursuance of the direction.
(6)
Consultation with any person undertaken by the Institute before
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commencement in relation to the matter is to be treated on and after
commencement as if it were consultation by NICE under section 234(3) in
relation to the preparation of the quality standard.
(7)
A procedure established by the Institute before commencement for the
preparation of statements of standards is to be treated on and after
30
commencement as if it were a procedure established by NICE in accordance
with section 234(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
in relation to a particular statement of standards or matter the transitional
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commissioner is—
(a)
the Board, or
(b)
both the Secretary of State and the Board.
(9)
In this section—
“commencement” means the commencement of section 234;
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“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

Health and Social Care Bill
Part 9 — Health and adult social care services: information
Chapter 1 — Information standards
247

care 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
5
Information standards
250
Powers 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.
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(2)
For the purposes of this Part “an information standard” is a document
containing 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.
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(4)
The Board may exercise the power under subsection (1) only in relation to
information 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
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this section—
(a)
the Secretary of State;
(b)
the Board;
(c)
any public body which exercises functions in connection with the
provision of health services or of adult social care in England;
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(d)
any person (other than a public body) who provides health services, or
adult social care in England, pursuant to arrangements made with a
public body exercising functions in connection with the provision of
such services or care.
(7)
In this section—
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“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
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care 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;
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“health services” means services which must or may be provided as part
of 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);

Health and Social Care Bill
Part 9 — Health and adult social care services: information
Chapter 2 — The Health and Social Care Information Centre
248

“NHS services” means services the provision of which is arranged by the
Board or a clinical commissioning group under the National Health
Service Act 2006 (including pursuant to arrangements made under
section 7A of that Act);
“processing” has the same meaning as in the Data Protection Act 1998 (see
5
section 1 of that Act);
“public body” means a body or other person whose functions—
(a)
are 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
10
only of those functions.
251
Information standards: supplementary
(1)
Before 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.
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(2)
For the purposes of section 250 the Secretary of State or the Board may adopt
an information standard prepared or published by another person.
Chapter 2
The Health and Social Care Information Centre
Establishment and general duties
20
252
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)
Schedule 18 (which makes further provision about the Information Centre) has
effect.
25
253
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 250,
(b)
such guidance issued by the Secretary of State as the Secretary of State
30
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
England.
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(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—
“adult social care”—
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Health and Social Care Bill
Part 9 — Health and adult social care services: information
Chapter 2 — The Health and Social Care Information Centre
249

(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
care or other assistance, but
5
(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;
“health services” means services which must or may be provided as
10
part of the health service in England.
Functions: information systems
254
Powers to direct Information Centre to establish information systems
(1)
The Secretary of State or the Board may direct the Information Centre to
establish and operate a system for the collection or analysis of information of a
15
description specified in the direction.
(2)
A direction may be given under subsection (1) by the Secretary of State only
if—
(a)
the Secretary of State considers that the information which could be
obtained by complying with the direction is information which it is
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necessary 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
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health 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 the Board
considers that the information which could be obtained by complying with the
direction is information which it is necessary or expedient for the Board to have
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in relation to its exercise of functions in connection with the provision of NHS
services.
(4)
In subsection (3) “NHS services” means services the provision of which is
arranged by the Board or a clinical commissioning group under the National
Health Service Act 2006 (including pursuant to arrangements made under
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section 7A of that Act).
(5)
Before 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
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(as the case may be) the Board about the Information Centre’s exercise of the
function.
(7)
The Information Centre may charge the Board a reasonable fee in respect of the
cost of complying with a direction given by the Board under subsection (1).