|
| |
|
(ii) | the revocation or expiry of the existing chair’s suspension, |
| |
| |
(b) | the remainder of the interim chair’s term as a non-executive member. |
| |
(3) | A person who ceases to be the interim chair is eligible for re-appointment. |
| |
Non-executive members: pay |
| 5 |
5 (1) | The HRA must pay its non-executive members such remuneration as the |
| |
Secretary of State may decide. |
| |
(2) | The HRA must pay, or provide for the payment of, such allowances or |
| |
gratuities as the Secretary of State may decide to a person who is or has been |
| |
a non-executive member of the HRA. |
| 10 |
Employees: terms of office |
| |
6 (1) | Each executive member of the HRA is appointed as an employee of the HRA |
| |
on such terms as it decides. |
| |
(2) | A person may not be appointed as chief executive without the consent of the |
| |
| 15 |
(3) | The HRA may appoint, on such terms as it decides, other persons as |
| |
employees of the HRA (in addition to those appointed as executive |
| |
| |
| |
7 (1) | The HRA must pay its employees such remuneration as it decides. |
| 20 |
(2) | The HRA may pay, or provide for the payment of, such pensions, |
| |
allowances or gratuities as it decides to or in respect of a person who is or |
| |
has been an employee of the HRA. |
| |
(3) | Before making a decision about pay under this paragraph, the HRA must |
| |
obtain the approval of the Secretary of State to its policy on the matter. |
| 25 |
Committees and sub-committees |
| |
8 (1) | The HRA must appoint a committee for the purpose of giving advice— |
| |
(a) | to the HRA in connection with the exercise of the HRA’s function |
| |
under regulation 5(1)(a) of the Health Service (Control of Patient |
| |
Information) Regulations 2002 (S.I. 2002/1438) (approval for |
| 30 |
processing confidential patient information); |
| |
(b) | to the Secretary of State in connection with the exercise of the |
| |
Secretary of State’s functions under regulations 2, 3(4) and 5 of those |
| |
Regulations (processing of confidential patient information). |
| |
(2) | The HRA may appoint other committees and sub-committees. |
| 35 |
(3) | The committee appointed under sub-paragraph (1) must consist of persons |
| |
who are not members or employees of the HRA. |
| |
(4) | Any other committee or sub-committee may consist of or include such |
| |
| |
|
| |
|
| |
|
(5) | The HRA may pay such remuneration and allowances as it decides to a |
| |
person who is a member of a committee or sub-committee, but is not an |
| |
employee of the HRA, regardless of whether the person is a non-executive |
| |
| |
| 5 |
9 (1) | The HRA may regulate its own procedure. |
| |
(2) | A vacancy among the members of the HRA, or a defect in the appointment |
| |
of a member, does not affect the validity of any act of the HRA. |
| |
| |
10 (1) | The application of the HRA’s seal must be authenticated by the signature of |
| 10 |
a member of the HRA or a person who has been authorised (whether |
| |
generally or specifically) for the purpose. |
| |
(2) | A document purporting to be duly executed under the HRA’s seal 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. |
| 15 |
(3) | But this paragraph does not apply in relation to a document which is, or is |
| |
to be, signed in accordance with the law of Scotland. |
| |
| |
11 (1) | The HRA is not to be regarded as a servant or agent of the Crown, or as |
| |
enjoying any status, privilege or immunity of the Crown. |
| 20 |
(2) | The HRA’s property is not to be regarded as property of, or property held |
| |
| |
| |
| |
| 25 |
12 (1) | The HRA must exercise its functions effectively, efficiently and |
| |
| |
(2) | The HRA may arrange for any of its committees, sub-committees or |
| |
members or any other person (other than a devolved authority) to exercise |
| |
any of its functions on its behalf. |
| 30 |
(3) | The HRA may arrange for any person to help it in the exercise of its functions |
| |
(whether in a particular case or in cases of a particular description). |
| |
(4) | Arrangements under sub-paragraph (2) or (3) may provide for the payment |
| |
of remuneration and allowances to the persons with whom the HRA makes |
| |
| 35 |
(5) | The HRA may do anything which appears to it to be necessary or desirable |
| |
for the purposes of or in connection with the exercise of its functions. |
| |
|
| |
|
| |
|
Help or advice for other public authorities |
| |
13 (1) | The HRA may provide help or advice to another public authority for the |
| |
purpose of the exercise by that authority of its functions. |
| |
(2) | Help or advice under this paragraph may be provided on such terms as the |
| |
HRA decides (including terms relating to payment of remuneration and |
| 5 |
| |
| |
(a) | includes any person certain of whose functions are functions of a |
| |
| |
(b) | does not include either House of Parliament or a person exercising |
| 10 |
functions in connection with proceedings in Parliament. |
| |
(4) | A reference to a public authority— |
| |
(a) | includes a public authority in the Channel Islands or the Isle of Man, |
| |
| |
(b) | subject to that, does not include a reference to a public authority |
| 15 |
outside the United Kingdom. |
| |
Arrangements with devolved authorities |
| |
14 (1) | The HRA may arrange with a devolved authority for the HRA— |
| |
(a) | to exercise on behalf of the devolved authority any function which |
| |
corresponds to a function of the HRA; |
| 20 |
(b) | to provide services or facilities in so far as the devolved authority |
| |
requires them in connection with the exercise of such a function. |
| |
(2) | The terms and conditions on which arrangements under this paragraph may |
| |
be made include provision for payment to the HRA in respect of its costs in |
| |
giving effect to the arrangements. |
| 25 |
Failure to exercise functions |
| |
15 (1) | If the Secretary of State considers that the HRA is failing or has failed to |
| |
exercise any of its functions, and that the failure is significant, the Secretary |
| |
of State may direct the HRA to exercise such of its functions, in such manner |
| |
and within such period, as the direction specifies. |
| 30 |
(2) | If the HRA fails to comply with a direction under this paragraph, the |
| |
| |
(a) | exercise the functions specified in the direction, or |
| |
(b) | make arrangements for some other person to exercise them on the |
| |
Secretary of State’s behalf. |
| 35 |
(3) | Where the Secretary of State exercises a power under sub-paragraph (1) or |
| |
(2), the Secretary of State must publish the reasons for doing so. |
| |
(4) | The reference in sub-paragraph (1) to exercising a function includes a |
| |
reference to exercising it properly. |
| |
|
| |
|
| |
|
| |
| |
| |
16 | The Secretary of State may, with the consent of the Treasury, make payments |
| |
to the HRA at such times and on such conditions (if any) as the Secretary of |
| 5 |
State considers appropriate. |
| |
| |
17 (1) | Regulations may require payment of a fee in relation to the exercise of a |
| |
specified function of the HRA; and the amount of the fee is to be the amount |
| |
specified in, or determined in accordance with, the regulations. |
| 10 |
(2) | Where the amount of a fee is to be specified in regulations under this |
| |
| |
(a) | the Secretary of State must, before specifying the amount of the fee, |
| |
have regard to the cost incurred in the exercise of the function to |
| |
which the fee relates, and |
| 15 |
(b) | the HRA must provide the Secretary of State with such information, |
| |
in such form, as the Secretary of State may request. |
| |
(3) | Regulations under this paragraph may require the HRA to determine the |
| |
amount of a fee; and, where they do so, the regulations— |
| |
(a) | must require the HRA, before determining the amount of the fee, to |
| 20 |
have regard to the cost incurred in the exercise of the function to |
| |
which the fee relates, and |
| |
(b) | must require the HRA to obtain the approval of the Secretary of State |
| |
to the proposed amount of the fee. |
| |
(4) | Regulations under this paragraph which provide for the amount of a fee to |
| 25 |
be determined may specify factors in accordance with which it is to be |
| |
| |
(5) | Regulations under this paragraph may include provision— |
| |
(a) | for determining the time by which a fee is payable; |
| |
(b) | for any unpaid balance to be recoverable as a debt due to the HRA |
| 30 |
(but for this not to affect any other method of recovery). |
| |
(6) | Before making regulations under this paragraph, the Secretary of State must |
| |
consult such persons as the Secretary of State considers appropriate. |
| |
(7) | Section 265 of the Public Health Act 1875 (which relates to the protection of |
| |
members and officers of certain authorities from personal liability) has effect |
| 35 |
as if there were included in the authorities referred to in that section a |
| |
| |
(8) | In its application to the HRA as a result of sub-paragraph (7), section 265 of |
| |
that Act has effect as if any reference in that section to that Act were a |
| |
| 40 |
(9) | In section 71(2) of the National Health Service Act 2006 (schemes for meeting |
| |
losses and liabilities etc. of certain health service bodies), after paragraph (f) |
| |
| |
“(fa) | the Health Research Authority;”. |
| |
|
| |
|
| |
|
| |
18 (1) | The HRA must keep accounts in such form as the Secretary of State may |
| |
| |
(2) | The HRA must prepare annual accounts in respect of each financial year in |
| |
such form as the Secretary of State may determine. |
| 5 |
(3) | The HRA must send copies of the annual accounts to— |
| |
(a) | the Secretary of State, and |
| |
(b) | 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 determine. |
| 10 |
(4) | The Comptroller and Auditor General must— |
| |
(a) | examine, certify and report on the annual accounts, and |
| |
(b) | lay copies of them and the report on them before Parliament. |
| |
(5) | In this paragraph and paragraph 19, “financial year” includes the period— |
| |
(a) | beginning with the day on which the HRA is established, and |
| 15 |
(b) | ending with the following 31 March or, if the period ending with that |
| |
date is 3 months or less, ending with the 31 March following that |
| |
| |
| |
19 (1) | As soon as is feasible after the end of each financial year, the HRA must |
| 20 |
prepare an annual report on— |
| |
(a) | the activities it has undertaken during the year, and |
| |
(b) | the activities it proposes to undertake during the current financial |
| |
| |
(2) | The report must set out the steps the HRA has taken during the year to fulfil |
| 25 |
its main objective (see section 108(2)). |
| |
| |
(a) | lay a copy of the report before Parliament, and |
| |
(b) | send a copy of it to the Secretary of State. |
| |
(4) | The HRA must provide the Secretary of State with such other reports and |
| 30 |
information relating to the exercise of its functions as the Secretary of State |
| |
| |
| |
| |
| 35 |
20 | In Part 2 of the Table in Schedule 1 to the Public Records Act 1958, at the |
| |
appropriate 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) | the Health Research Authority;”. |
| |
Parliamentary Commissioner Act 1967 |
| 5 |
22 | In Schedule 2 to the Parliamentary Commissioner Act 1967, at the |
| |
appropriate place insert— |
| |
“Health Research Authority.” |
| |
House of Commons Disqualification Act 1975 |
| |
23 | In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, |
| 10 |
at the appropriate place insert— |
| |
“The Health Research Authority.” |
| |
Copyright, Designs and Patents Act 1988 |
| |
24 | In section 48(6) of the Copyright, Designs and Patents Act 1988 (definition of |
| |
“the Crown”), after “Health Education England” (inserted by paragraph 33 |
| 15 |
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 |
| |
bodies), at the appropriate place insert— |
| |
“The Health Research Authority.” |
| 20 |
| |
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 |
| |
“Health, social care and social security”, after the entry for Health Education |
| |
England (inserted by paragraph 35 of Schedule 5 to this Act) insert— |
| 25 |
“The Health Research Authority.” |
| |
| |
| |
Research ethics committees: amendments |
| |
Ionising Radiation (Medical Exposure) Regulations 2000 (S.I. 2000/1059) |
| |
1 | In regulation 2(1) of the Ionising Radiation (Medical Exposure) Regulations |
| 30 |
2000 (S.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 |
| 35 |
Research Authority under the Care Act 2013, |
| |
| |
|
| |
|
| |
|
(d) | 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 Welsh Ministers or the Scottish |
| |
| 5 |
Ionising Radiation (Medical Exposure) Regulations (Northern Ireland) 2000 (S.R. 2000/194) |
| |
2 | In regulation 2(1) of the Ionising Radiation (Medical Exposure) Regulations |
| |
(Northern Ireland) 2000 (S.R. 2000/194), for the definition of “ethics |
| |
| |
““ethics committee” means a group of persons which assesses |
| 10 |
the ethics of research involving individuals and which is |
| |
recognised for that purpose by or on behalf of the |
| |
| |
Health Service (Control of Patient Information) Regulations 2002 (S.I. 2002/1438) |
| |
3 | In regulation 1(2) of the Health Service (Control of Patient Information) |
| 15 |
Regulations 2002 (S.I. 2002/1438), for the definition of “research ethics |
| |
| |
““research ethics committee” means— |
| |
(a) | a research ethics committee recognised or established |
| |
by or on behalf of the Health Research Authority |
| 20 |
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 |
| |
| 25 |
Nursing Homes Regulations (Northern Ireland) 2005 (S.R. 2005/160) |
| |
4 | In regulation 2(1) of the Nursing Homes Regulations (Northern Ireland) |
| |
2005 (S.R. 2005/160), 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 |
| 30 |
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. 2005/161) |
| |
5 | In regulation 2(1) of the Residential Care Homes Regulations (Northern |
| |
Ireland) 2005 (S.R. 2005/161), for the definition of “ethics committee” |
| 35 |
| |
““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;”. |
| 40 |
Independent Health Care Regulations (Northern Ireland) 2005 (S.R. 2005/174) |
| |
6 | In regulation 2(1) of the Independent Health Care Regulations (Northern |
| |
Ireland) 2005 (S.R. 2005/174), for the definition of “ethics committee” |
| |
|
| |
|