Care Bill [HL]

House of Lords

Session 2013 - 14
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Other Bills before Parliament

Care Bill [HL]

Care Bill [HL]
Schedule 7 — The Health Research Authority
Part 1 — Constitution
141

(ii)
the revocation or expiry of the existing chair’s suspension,
and
(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
Secretary of State.
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
members).
Employees: pay
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
persons.

Care Bill [HL]
Schedule 7 — The Health Research Authority
Part 2 — Functions
142

      (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
member of the HRA.
Procedure
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.
Seal and evidence
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.
Status of the HRA
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
on behalf of, the Crown.
Part 2
Functions
Exercise of functions
25
12    (1)
The HRA must exercise its functions effectively, efficiently and
economically.
      (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
the arrangements.
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.

Care Bill [HL]
Schedule 7 — The Health Research Authority
Part 2 — Functions
143

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
allowances).
      (3)
“Public authority”—
(a)
includes any person certain of whose functions are functions of a
public nature, but
(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,
but
(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
Secretary of State may—
(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.

Care Bill [HL]
Schedule 7 — The Health Research Authority
Part 3 — Finance and reports
144

Part 3
Finance and reports
Funding
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.
Fees and indemnities
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
paragraph—
(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
determined.
      (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
reference to the HRA.
      (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
reference to this Act.
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)
insert—
“(fa)
the Health Research Authority;”.

Care Bill [HL]
Schedule 7 — The Health Research Authority
Part 4 — Consequential amendments
145

Accounts
18    (1)
The HRA must keep accounts in such form as the Secretary of State may
determine.
      (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
date.
Annual report
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
year.
      (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)).
      (3)
The HRA must—
(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
may request.
Part 4
Consequential amendments
Public Records Act 1958
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.”

Care Bill [HL]
Schedule 8 — Research ethics committees: amendments
146

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
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
“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.”
Schedule 8
Section 111

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,
or

Care Bill [HL]
Schedule 8 — Research ethics committees: amendments
147

(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
Ministers;”.
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
committee” substitute—
““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
Department;”.
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
committee” substitute—
““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
Welsh Ministers.”
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
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 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”