Session 2010 - 12
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Health and Social Care Bill


Health and Social Care Bill
Schedule 18 — The Health and Social Care Information Centre

434

 

Committees

7     (1)  

The 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.

5

      (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)   

is not an employee of the Centre,

           

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

10

Procedure

8     (1)  

The Information Centre may regulate its own procedure.

      (2)  

The 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.

15

Exercise of functions

9          

The Information Centre may arrange for any function exercisable by it to be

exercised on its behalf by—

(a)   

a non-executive member;

(b)   

an employee (including an executive member);

20

(c)   

a committee or sub-committee.

General powers

10    (1)  

The 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.

25

      (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

of the Secretary of State—

(a)   

form, or participate in the forming of, companies,

30

(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

provision to or in respect of companies.

      (4)  

The approval of the Secretary of State may be given for the purposes of sub-

35

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

Acts (see section 1(1) of the Companies Act 2006).

 
 

Health and Social Care Bill
Schedule 18 — The Health and Social Care Information Centre

435

 

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

thinks appropriate.

      (2)  

Payments made under sub-paragraph (1) may be made at such times and on

5

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.

Reports

10

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)  

The Information Centre must—

(a)   

lay a copy of the report before Parliament, and

15

(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)  

In this paragraph and paragraph 14 “financial year” means—

20

(a)   

the period beginning on the day on which section 252 comes into

force and ending on the following 31 March, and

(b)   

each successive period of 12 months.

Accounts

13    (1)  

The Information Centre must keep proper accounts and proper records in

25

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)   

the methods and principles to be applied in the preparation of its

30

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.

14    (1)  

The Information Centre must prepare annual accounts in respect of each

35

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

period after the end of the financial year to which the accounts relate as the

Secretary of State may direct.

40

      (3)  

The Comptroller and Auditor General must—

(a)   

examine, certify and report on the annual accounts, and

 
 

Health and Social Care Bill
Schedule 19 — Part 9: consequential amendments

436

 

(b)   

lay copies of them and the report before Parliament.

15    (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

as may be specified in the direction (“interim accounts”).

      (2)  

The Information Centre must send copies of any interim accounts to the

5

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)   

examine, certify and report on any interim accounts sent by virtue of

sub-paragraph (2), and

10

(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)   

lay copies of them and the report before Parliament.

Seal and evidence

15

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)  

A 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

20

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

Crown 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

25

property held on behalf of, the Crown.

Schedule 19

Section 277

 

Part 9: consequential amendments

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

1          

In the Schedule to the Public Bodies (Admission to Meetings) Act 1960

30

(bodies to which that Act applies) in paragraph 1, after paragraph (n)

(inserted by Schedule 17) insert—

“(o)   

the Health and Social Care Information Centre.”

Parliamentary Commissioner Act 1967 (c. 13)

2          

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc.

35

subject to investigation) at the appropriate place insert—

“Health and Social Care Information Centre.”

 
 

Health and Social Care Bill
Schedule 19 — Part 9: consequential amendments

437

 

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.”

5

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.”

10

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)

15

6     (1)  

The 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 17) insert—

“(ad)   

the Health and Social Care Information Centre,”.

      (3)  

In section 218 (change of employer) in subsection (10), after paragraph (cc)

20

(inserted by Schedule 17) insert—

“(cd)   

the Health and Social Care Information Centre,”.

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

25

17) insert—

“(fc)   

the Health and Social Care Information Centre,”.

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—

30

“The Health and Social Care Information Centre.”

National Health Service Act 2006 (c. 41)

9     (1)  

The National Health Service Act 2006 is amended as follows.

      (2)  

In section 9 (NHS contracts) in subsection (4), after paragraph (ka) (inserted

by Schedule 17) insert—

35

“(kb)   

the Health and Social Care Information Centre,”.

      (3)  

In section 71 (schemes for losses and liabilities of certain health service

bodies) in subsection (2), after paragraph (da) (inserted by Schedule 17)

 
 

Health and Social Care Bill
Schedule 20 — Part 10: consequential amendments and savings
Part 1 — The Alcohol Education and Research Council

438

 

insert—

“(db)   

the Health and Social Care Information Centre,”.

      (4)  

In section 72 (co-operation between NHS bodies), after subsection (2)

(inserted by Schedule 17 to this Act) insert—

“(3)   

For the purposes of this section, the Health and Social Care

5

Information Centre is an NHS body.”

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

10    (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

by Schedule 17) insert—

10

“(kb)   

the Health and Social Care Information Centre,”.

Health and Social Care Act 2008 (c. 14)

11         

In section 64 of the Health and Social Care Act 2008 (power of the Care

Quality Commission to require documents and information etc. from certain

persons) in subsection (2)—

15

(a)   

omit the “or” after paragraph (d), and

(b)   

after paragraph (e) insert “, or

(f)   

the Health and Social Care Information Centre.”

Health Act 2009 (c. 21)

12         

In section 2 of the Health Act 2009 (duty to have regard to the NHS

20

Constitution), in subsection (2) after paragraph (da) (inserted by Schedule

17) insert—

“(db)   

the Health and Social Care Information Centre;”.

Equality Act 2010 (c. 15)

13         

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

25

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.”

Schedule 20

Sections 278, 279 and 280

 

Part 10: consequential amendments and savings

30

Part 1

The Alcohol Education and Research Council

Consequential amendments

1          

Omit the entry for the Alcohol Education and Research Council in each of

the following—

35

(a)   

Schedule 2 to the Parliamentary Commissioner Act 1967, and

 
 

Health and Social Care Bill
Schedule 20 — Part 10: consequential amendments and savings
Part 2 — The Appointments Commission

439

 

(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

Licensing (Alcohol Education and Research) Act 1981.

3          

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

5

(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

preceding cross-heading).

Savings

10

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)  

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

15

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

abolition.

      (4)  

In this paragraph—

20

“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 2

The Appointments Commission

25

Consequential 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

30

Disqualification 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).

35

6          

Omit 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,

40

(d)   

the Osteopaths Act 1993, and

(e)   

the Chiropractors Act 1994.

 
 

Health and Social Care Bill
Schedule 20 — Part 10: consequential amendments and savings
Part 3 — The National Information Governance Board for Health and Social Care

440

 

7          

In consequence of the repeal made by section 279(2)—

(a)   

in Schedule 1 to the National Health Service (Consequential

Provisions) Act 2006, omit paragraphs 284 to 286,

(b)   

in Schedule 5 to the Health and Social Care Act 2008, omit

paragraphs 79 and 80 (and the preceding cross-heading),

5

(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

preceding cross-heading).

Savings

10

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)  

If 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

15

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)  

Despite section 279(2), paragraph 22 of that Schedule is to continue to have

effect for the purpose of imposing the duties under sub-paragraphs (2),

20

(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

25

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

Commission, be done by the Secretary of State after abolition.

      (5)  

In this paragraph—

30

“abolition” means the commencement of section 279(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

35

Consequential 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

40

Act 1975, and

(c)   

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

 
 

 
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