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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”

 
 

 
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