|
| |
|
(4) | Part 4 of Schedule 14 (which contains consequential amendments and savings |
| |
in relation to the OHPA) has effect. |
| |
| |
The National Institute for Health and Care Excellence |
| |
Establishment and general duties |
| 5 |
216 | The National Institute for Health and Care Excellence |
| |
(1) | There is to be a body corporate known as the National Institute for Health and |
| |
Care Excellence (referred to in this Part as “NICE”). |
| |
(2) | Schedule 15 (which makes further provision about NICE) has effect. |
| |
| 10 |
(1) | In exercising its functions NICE must have regard to— |
| |
(a) | the broad balance between the benefits and costs of the provision of |
| |
health services or of social care in England, |
| |
(b) | the degree of need of persons for health services or social care in |
| |
| 15 |
(c) | the desirability of promoting innovation in the provision of health |
| |
services or of social care in England. |
| |
(2) | NICE must exercise its functions effectively, efficiently and economically. |
| |
| |
“health services” means services which must or may be provided as part |
| 20 |
of the health service in England; |
| |
“social care” includes all forms of personal care and other practical |
| |
assistance provided for individuals who by reason of age, illness, |
| |
disability, pregnancy, childbirth, dependence on alcohol or drugs, or |
| |
any other similar circumstances, are in need of such care or other |
| 25 |
| |
Functions: quality standards |
| |
| |
(1) | The relevant commissioner may direct NICE to prepare statements of |
| |
standards in relation to the provision of— |
| 30 |
| |
(b) | public health services, or |
| |
(c) | social care in England. |
| |
(2) | In this Part such a statement is referred to as a “quality standard”. |
| |
(3) | In preparing a quality standard NICE must consult the public and, for that |
| 35 |
purpose, may publish drafts of the standard. |
| |
(4) | NICE must keep a quality standard under review and may revise it as it |
| |
| |
|
| |
|
| |
|
(5) | A quality standard (and any revised standard)— |
| |
(a) | must be endorsed by the relevant commissioner, and |
| |
(b) | must not be published by NICE unless the relevant commissioner so |
| |
| |
(6) | The relevant commissioner may require NICE— |
| 5 |
(a) | to publish the standard (or revised standard) generally or to persons |
| |
specified by the relevant commissioner, and |
| |
(b) | to do so in the manner specified by the relevant commissioner. |
| |
| |
(a) | establish a procedure for the preparation of quality standards, and |
| 10 |
(b) | consult such persons as it considers appropriate in establishing that |
| |
| |
(8) | Subsection (9) applies in a case where the Secretary of State and the Board each |
| |
has power under this section to give NICE a direction to prepare a quality |
| |
standard in relation to the same matter or connected matters. |
| 15 |
| |
(a) | the Secretary of State and the Board may issue a joint direction under |
| |
| |
(b) | if they do so, NICE must prepare a joint quality standard in respect of |
| |
the matter or matters concerned. |
| 20 |
(10) | In this section “the relevant commissioner”— |
| |
(a) | in relation to a quality standard in relation to the provision of NHS |
| |
services, means the Board, and |
| |
(b) | in relation to a quality standard in relation to the provision of public |
| |
health services or of social care in England, means the Secretary of |
| 25 |
| |
| and a reference to the relevant commissioner in relation to a joint quality |
| |
standard is a reference to both the Secretary of State and the Board. |
| |
| |
“NHS services” means services the provision of which is arranged by the |
| 30 |
Board or a commissioning consortium under the National Health |
| |
Service Act 2006 (including pursuant to arrangements made under |
| |
| |
“public health services” means services provided pursuant to the |
| |
functions of the Secretary of State or a local authority under section 2A |
| 35 |
or 2B of, or Schedule 1 to, that Act. |
| |
219 | Supply of quality standards to other persons |
| |
(1) | Regulations may confer powers on NICE in relation to the supply by NICE of |
| |
| |
(a) | devolved authorities, and |
| 40 |
(b) | other persons (whether or not in the United Kingdom). |
| |
(2) | The regulations may in particular— |
| |
(a) | confer power on NICE to make such adjustments as NICE considers |
| |
appropriate to a quality standard for the purposes of supplying it as |
| |
mentioned in subsection (1), and |
| 45 |
|
| |
|
| |
|
(b) | provide for the imposition by NICE of charges for or in connection with |
| |
the supply of a quality standard as so mentioned. |
| |
(3) | Provision made under subsection (2)(b) may include provision for charges to |
| |
be calculated on the basis NICE considers to be the appropriate commercial |
| |
| 5 |
(4) | In this section “devolved authority” means— |
| |
(a) | the Scottish Ministers, |
| |
(b) | the Welsh Ministers, and |
| |
(c) | the Department of Health, Social Services and Public Safety in |
| |
| 10 |
220 | Advice or guidance to the Secretary of State or the Board |
| |
(1) | NICE must give advice or guidance to the Secretary of State or the Board on |
| |
any quality matter referred to it by the Secretary of State or (as the case may be) |
| |
| |
| 15 |
(a) | in relation to the Secretary of State, means any matter in relation to |
| |
which the Secretary of State has the power to direct NICE to prepare a |
| |
| |
(b) | in relation to the Board, means any matter in relation to which the |
| |
Board has the power to direct NICE to prepare a quality standard. |
| 20 |
| |
221 | Advice, guidance, information and recommendations |
| |
(1) | Regulations may confer functions on NICE in relation to the giving of advice |
| |
or guidance, provision of information or making of recommendations about |
| |
any matter concerning or connected with the provision of— |
| 25 |
| |
(b) | public health services, or |
| |
(c) | social care in England. |
| |
(2) | The regulations may provide that a function conferred under subsection |
| |
| 30 |
(a) | is only exercisable on the direction of the Secretary of State or the Board; |
| |
(b) | is subject to directions given by the Secretary of State or (as the case |
| |
may be) the Board about NICE’s exercise of the function. |
| |
(3) | The regulations may provide that a function conferred under subsection (1)(b) |
| |
| 35 |
(a) | is only exercisable on the direction of the Secretary of State; |
| |
(b) | is subject to directions given by the Secretary of State about NICE’s |
| |
exercise of the function. |
| |
(4) | Provision made under subsection (2)(b) or (3)(b) must not permit a direction to |
| |
be given about the substance of advice, guidance or recommendations of |
| 40 |
| |
(5) | The regulations may make provision about— |
| |
|
| |
|
| |
|
(a) | the persons who may request or require that advice, guidance, |
| |
information or recommendations be given, provided or (as the case |
| |
| |
(b) | the publication or other dissemination of the advice, guidance, |
| |
information or recommendations (whether by NICE, the Secretary of |
| 5 |
| |
(c) | the imposition by NICE of charges for or in connection with the giving |
| |
of advice or guidance, provision of information or making of |
| |
| |
(6) | Provision made under subsection (5)(c) may include provision for charges to |
| 10 |
be calculated on the basis NICE considers to be the appropriate commercial |
| |
| |
(7) | The regulations must make provision about— |
| |
(a) | the establishment by NICE of procedures for the giving of advice or |
| |
guidance, provision of information or making of recommendations |
| 15 |
under the regulations, and |
| |
(b) | consultation by NICE in establishing the procedures. |
| |
(8) | The regulations may make provision requiring specified health or social care |
| |
bodies, or health or social care bodies of a specified description, to— |
| |
(a) | have regard to specified advice or guidance, or advice or guidance of a |
| 20 |
specified description, given by NICE pursuant to the regulations, and |
| |
(b) | comply with specified recommendations, or recommendations of a |
| |
specified description, made by NICE pursuant to the regulations. |
| |
(9) | Provision made under subsection (8) may require a specified body, or bodies |
| |
of a specified description, to have regard to advice or guidance or to comply |
| 25 |
| |
(a) | generally in the exercise of functions, or |
| |
(b) | in the exercise of specified functions or functions of a specified |
| |
| |
| 30 |
“health or social care body” means any body other than a local authority |
| |
exercising functions in connection with the provision of health services |
| |
or of social care in England; |
| |
| |
(a) | a county council in England; |
| 35 |
(b) | a district council in England, other than a council for a district |
| |
in a county for which there is a county council; |
| |
(c) | a London borough council; |
| |
(d) | the Council of the Isles of Scilly; |
| |
(e) | the Common Council of the City of London; |
| 40 |
“specified” means specified in the regulations. |
| |
222 | NICE recommendations: appeals |
| |
(1) | Regulations under section 221 may make provision about appeals against |
| |
recommendations made by NICE pursuant to the regulations. |
| |
(2) | The regulations may in particular include provision about— |
| 45 |
|
| |
|
| |
|
(a) | the types of recommendations in relation to which an appeal may be |
| |
| |
(b) | the persons who may bring an appeal, |
| |
(c) | the grounds on which an appeal may be brought, and |
| |
(d) | the persons by whom an appeal is to be heard. |
| 5 |
| |
(1) | Regulations may confer functions on NICE in relation to providing, or |
| |
facilitating the provision of, training in connection with any matter concerning |
| |
or connected with the provision of— |
| |
| 10 |
(b) | public health services, or |
| |
(c) | social care in England. |
| |
(2) | The regulations may provide that a function conferred under subsection |
| |
| |
(a) | is only exercisable on the direction of the Board; |
| 15 |
(b) | is subject to directions given by the Board about NICE’s exercise of the |
| |
| |
(3) | The regulations may provide that a function conferred under subsection (1)(b) |
| |
| |
(a) | is only exercisable on the direction of the Secretary of State; |
| 20 |
(b) | is subject to directions given by the Secretary of State about NICE’s |
| |
exercise of the function. |
| |
(4) | The regulations may provide for the imposition by NICE of charges for or in |
| |
connection with the provision of training. |
| |
(5) | Provision made under subsection (4) may include provision for charges to be |
| 25 |
calculated on the basis NICE considers to be the appropriate commercial basis. |
| |
| |
(1) | Regulations may confer functions on NICE in relation to the giving of advice |
| |
to persons (whether or not in the United Kingdom) in relation to any matter |
| |
concerning or connected with— |
| 30 |
(a) | the provision of health care, |
| |
(b) | the protection or improvement of public health, or |
| |
(c) | the provision of social care. |
| |
(2) | The regulations may make provision about the imposition of charges by NICE |
| |
for or in connection with the giving of such advice. |
| 35 |
(3) | Provision made under subsection (2) may include provision for charges to be |
| |
calculated on the basis NICE considers to be the appropriate commercial basis. |
| |
(4) | In this Part “health care” includes all forms of health care provided for |
| |
individuals whether relating to physical or mental health and also includes |
| |
procedures that are similar to forms of medical or surgical care but are not |
| 40 |
provided in connection with a medical condition. |
| |
|
| |
|