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Contents page 330-339 340-349 350-359 360-369 370-379 380-389 390-399 400-408 410-419 420-429 430-439 440-449 450-452 Last page

Health and Social Care BillPage 430

Act 1975 (bodies of which all members are disqualified) at the appropriate
place insert—

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

6 (1) 5The Employment Rights Act 1996 is amended as follows.

(2) In section 50 (right to time off for public duties) in subsection (8), after
paragraph (ab) insert—

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

(3) In section 218 (change of employer) in subsection (10), after paragraph (cb)
10insert—

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

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 (fa) insert—

(fb) 15the National Institute for Health and Care Excellence,.

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—

20International Development Act 2002 (c. 1)International Development Act 2002 (c. 1)

9 In Schedule 1 to the International Development Act 2002 (bodies which may
enter agreements to provide international development assistance etc.) after
the entry for an NHS foundation trust insert—

25National Health Service Act 2006 (c. 41)National Health Service Act 2006 (c. 41)

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

(2) In section 9 (NHS contracts) in subsection (4), after paragraph (k) insert—

(ka) NICE,.

(3) In section 71 (schemes for losses and liabilities of certain health service
30bodies) in subsection (2), after paragraph (d) insert—

(da) NICE,.

(4) In section 72 (co-operation between NHS bodies)—

(a) the existing text becomes subsection (1), and

(b) after that subsection insert—

(2) 35For the purposes of this section, NICE is an NHS body.

(5) In section 275 (interpretation) in subsection (1), after the definition of “NHS
trust” insert—

Health and Social Care BillPage 431

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,.

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

12 (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—

Section 252

SCHEDULE 18 The Health and Social Care Information Centre

Membership, appointment, etc.

1 (1) 25The 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) 30One of the non-executive members must be appointed as the chair.

(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) 35The executive members are employees of the Information Centre.

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Tenure of non-executive office

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

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

(b) 5may 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) 10failure 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
15four 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

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

(2) 20The 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) 25sent 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) 30The 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) 35Following a review during a period of suspension, the Secretary of State
may—

(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) 40The 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
under paragraph 2(2), or

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(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) 5The 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
appointment, but

(b) 10may 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) the revocation or expiry of the existing chair’s suspension,
15and

(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

5 (1) The Information Centre must pay to the non-executive members such
20remuneration 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) If a person ceases to be a non-executive member and the Secretary of State
25decides 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

6 (1) The Information Centre may appoint such persons to be employees of the
30Centre 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
terms and conditions as the Centre may determine.

(4) 35The 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
gratuities for the purposes of sub-paragraph (2) or (4), the Centre must
40obtain the approval of the Secretary of State to its policy on that matter.

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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
5not 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) is not an employee of the Centre,

10whether or not that person is a non-executive member of the Centre.

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
15member.

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) 20an employee (including an executive member);

(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
25functions.

(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) 30form, 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
provision to or in respect of companies.

(4) 35The 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
Acts (see section 1(1) of the Companies Act 2006).

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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) 5Payments 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.

10Reports

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) 15lay 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) 20In this paragraph and paragraph 14 “financial year” means—

(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) 25The 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) 30the 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.

14 (1) 35The 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
period after the end of the financial year to which the accounts relate as the
40Secretary of State may direct.

(3) The Comptroller and Auditor General must—

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

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(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) 5The 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) examine, certify and report on any interim accounts sent by virtue of
10sub-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) lay copies of them and the report before Parliament.

15Seal 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) A document purporting to be duly executed under the Information Centre’s
20seal 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
Crown or as enjoying any status, immunity or privilege of the Crown.

(2) 25The Information Centre’s property must not be regarded as property of, or
property held on behalf of, the Crown.

Section 277

SCHEDULE 19 Part 9: consequential amendments

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

1 30In 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 17) insert—

(o) the Health and Social Care Information Centre.

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

2 35In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc.
subject to investigation) at the appropriate place insert—

Health and Social Care BillPage 437

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—

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—

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;.

15Employment Rights Act 1996 (c. 18)Employment Rights Act 1996 (c. 18)

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) 20In section 218 (change of employer) in subsection (10), after paragraph (cc)
(inserted by Schedule 17) 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
25professional”) in subsection (3), after paragraph (fb) (inserted by Schedule
17) 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
30bodies and offices: general) at the appropriate place insert—

National Health Service Act 2006 (c. 41)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
35by Schedule 17) insert—

(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)

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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) 5For 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)

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
10by Schedule 17) insert—

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

Health and Social Care Act 2008 (c. 14)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
15persons) in subsection (2)—

(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)Health Act 2009 (c. 21)

12 20In section 2 of the Health Act 2009 (duty to have regard to the NHS
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)Equality Act 2010 (c. 15)

13 25In 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—

Sections 278, 279 and 280

SCHEDULE 20 30Part 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
35the following—

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

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(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 5In consequence of the repeal made by section 278(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
preceding cross-heading).

10Savings

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
15abolition 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
abolition.

(4) 20In this paragraph—

Part 2 25The Appointments Commission

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) 30Part 2 of Schedule 1 to the Northern Ireland Assembly
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
35paragraphs 4 and 5).

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) 40the Opticians Act 1989,

(d) the Osteopaths Act 1993, and

(e) the Chiropractors Act 1994.

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Contents page 330-339 340-349 350-359 360-369 370-379 380-389 390-399 400-408 410-419 420-429 430-439 440-449 450-452 Last page