Care Bill (HL Bill 45)

Part 4 Consequential amendments

Public Records Act 1958

20 In Part 2 of the Table in Schedule 1 to the Public Records Act 1958, at the
5appropriate place insert—

• “Health Research Authority.”

Public Bodies (Admission to Meetings) Act 1960

21 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, after
paragraph (bm) (inserted by paragraph 30 of Schedule 5 to this Act) insert—

“(bn) 10the Health Research Authority;”.

Parliamentary Commissioner Act 1967

22 In Schedule 2 to the Parliamentary Commissioner Act 1967, at the
appropriate place insert—

• “Health Research Authority.”

15House of Commons Disqualification Act 1975

23 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
at the appropriate place insert—

• “The Health Research Authority.”

Copyright, Designs and Patents Act 1988

24 20In section 48(6) of the Copyright, Designs and Patents Act 1988 (definition of
“the Crown”), after “Health Education England” (inserted by paragraph 33
of Schedule 5 to this Act) insert “, the Health Research Authority”.

Freedom of Information Act 2000

25 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
25bodies), at the appropriate place insert—

• “The Health Research Authority.”

Equality Act 2010

26 In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the
public sector equality duty), in the group of entries under the heading
30“Health, social care and social security”, after the entry for Health Education
England (inserted by paragraph 35 of Schedule 5 to this Act) insert—

• “The Health Research Authority.”

Section 103

SCHEDULE 8 Research ethics committees: amendments

Ionising Radiation (Medical Exposure) Regulations 2000 (S.I. 2000/1059S.I. 2000/1059)

1 In regulation 2(1) of the Ionising Radiation (Medical Exposure) Regulations
52000 (S.I. 2000/1059S.I. 2000/1059), in the definition of “ethics committee”—

(a) omit paragraph (a), and

(b) for paragraph (c) substitute—

• “( c)

  a research ethics committee recognised or
  established by or on behalf of the Health
  10Research Authority under the Care Act 2013,
  or

  (ii)

  any other group of persons which assesses the
  ethics of research involving individuals and
  which is recognised for that purpose by or on
  15behalf of the Welsh Ministers or the Scottish
  Ministers;”.

Ionising Radiation (Medical Exposure) Regulations (Northern Ireland) 2000 (S.R. 2000/194S.R. 2000/194)

2 In regulation 2(1) of the Ionising Radiation (Medical Exposure) Regulations
(Northern Ireland) 2000 (S.R. 2000/194S.R. 2000/194), for the definition of “ethics
20committee” substitute—

• ““ethics committee” means a group of persons which assesses
  the ethics of research involving individuals and which is
  recognised for that purpose by or on behalf of the
  Department;”.

25Health Service (Control of Patient Information) Regulations 2002 (S.I. 2002/1438S.I. 2002/1438)

3 In regulation 1(2) of the Health Service (Control of Patient Information)
Regulations 2002 (S.I. 2002/1438S.I. 2002/1438), for the definition of “research ethics
committee” substitute—

• ““research ethics committee” means—

  (a)

  30a research ethics committee recognised or established
  by or on behalf of the Health Research Authority
  under the Care Act 2013, or

  (b)

  any other group of persons which assesses the ethics
  of research involving individuals and which is
  35recognised for that purpose by or on behalf of the
  Welsh Ministers.”

Nursing Homes Regulations (Northern Ireland) 2005 (S.R. 2005/160S.R. 2005/160)

4 In regulation 2(1) of the Nursing Homes Regulations (Northern Ireland)
2005 (S.R. 2005/160S.R. 2005/160), for the definition of “ethics committee” substitute—

• 40““ethics committee” means a group of persons which assesses
  the ethics of research involving individuals and which is
  recognised for that purpose by or on behalf of the
  Department of Health, Social Services and Public Safety;”.

Residential Care Homes Regulations (Northern Ireland) 2005 (S.R. 2005/161S.R. 2005/161)

5 In regulation 2(1) of the Residential Care Homes Regulations (Northern
Ireland) 2005 (S.R. 2005/161S.R. 2005/161), for the definition of “ethics committee”
substitute—

• 5““ethics committee” means a group of persons which assesses
  the ethics of research involving individuals and which is
  recognised for that purpose by or on behalf of the
  Department of Health, Social Services and Public Safety;”.

Independent Health Care Regulations (Northern Ireland) 2005 (S.R. 2005/174S.R. 2005/174)

6 10In regulation 2(1) of the Independent Health Care Regulations (Northern
Ireland) 2005 (S.R. 2005/174S.R. 2005/174), for the definition of “ethics committee”
substitute—

• ““ethics committee” means a group of persons which assesses
  the ethics of research involving individuals and which is
  15recognised for that purpose by or on behalf of the
  Department of Health, Social Services and Public Safety;”.

Approval of Research on Organs No Longer Required for Procurator Fiscal Purposes (Specified
Purposes) (Scotland) Order 2006 (S.S.I. 2006/310S.S.I. 2006/310)

7 In article 1(2) of the Approval of Research on Organs No Longer Required
20for Procurator Fiscal Purposes (Specified Purposes) (Scotland) Order 2006
(S.S.I. 2006/310S.S.I. 2006/310), for the definition of “appropriate Research Ethics
Committee” substitute—

• ““appropriate Research Ethics Committee” means a group of
  persons which assesses the ethics of research involving
  25individuals and which is recognised for that purpose by or on
  behalf of the Scottish Ministers;”.

Human Tissue Act 2004 (Ethical Approval, Exceptions from Licensing and Supply of
Information about Transplants) Regulations 2006 (S.I. 2006/1260S.I. 2006/1260)

8 In regulation 1(2) of the Human Tissue Act 2004 (Ethical Approval,
30Exceptions from Licensing and Supply of Information about Transplants)
Regulations 2006 (S.I. 2006/1260S.I. 2006/1260), for the definition of “research ethics
authority” substitute—

• ““research ethics authority” means—

  (a)

  a research ethics committee recognised or established
  35by or on behalf of the Health Research Authority
  under the Care Act 2013, or

  (b)

  any other group of persons which assesses the ethics
  of research involving individuals and which is
  recognised for that purpose by or on behalf of the
  40Welsh Ministers or the Department of Health, Social
  Services and Public Safety in Northern Ireland.”

Mental Capacity Act 2005 (Appropriate Body) (England) Regulations 2006 (S.I. 2006/2810S.I. 2006/2810)

9 In regulation 2 of the Mental Capacity Act 2005 (Appropriate Body)
(England) Regulations 2006 (S.I. 2006/2810S.I. 2006/2810) (definition of “appropriate
45body”), for the words from “is a committee” to the end substitute “is a group

of persons which assesses the ethics of research involving individuals and
which is recognised for that purpose by or on behalf of the Secretary of
State.”

Mental Capacity Act 2005 (Appropriate Body) (Wales) Regulations 2007 (S.I. 2007/833S.I. 2007/833)

10 5In regulation 2 of the Mental Capacity 2005 (Appropriate Body) (Wales)
Regulations 2007 (S.I. 2007/833S.I. 2007/833) (definition of “appropriate body”), for the
words from “is a committee” to the end substitute “is a group of persons
which assesses the ethics of research involving individuals and which is
recognised for that purpose by or on behalf of the Welsh Ministers.”

10Human Fertilisation and Embryology (Disclosure of Information for Research Purposes)
Regulations 2010 (S.I. 2010/995S.I. 2010/995)

11 In regulation 2(1) of the Human Fertilisation and Embryology (Disclosure of
Information for Research Purposes) Regulations 2010 (S.I. 2010/995S.I. 2010/995), for the
definition of “research ethics committee” substitute—

• 15““research ethics committee” means a research ethics committee
  recognised or established by or on behalf of the Health
  Research Authority under the Care Act 2013;”

Independent Health Care (Wales) Regulations 2011 (S.I. 2011/734S.I. 2011/734)

12 In regulation 25 of the Independent Health Care (Wales) Regulations 2011
20(S.I. 2011/734S.I. 2011/734) (research), in paragraph (2) for the words from “a research
ethics committee” to the end substitute “a group of persons which assesses
the ethics of research involving individuals and which is recognised for that
purpose by or on behalf of the Welsh Ministers.”