Health and Social Care Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Part 8 — The National Institute for Health and Care Excellence
189

(4)
Part 4 of Schedule 14 (which contains consequential amendments and savings
in relation to the OHPA) has effect.
Part 8
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.
217
General duties
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
England, and
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.
(3)
In this Part—
“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
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assistance.
Functions: quality standards
218
Quality standards
(1)
The relevant commissioner may direct NICE to prepare statements of
standards in relation to the provision of—
30
(a)
NHS services,
(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
considers appropriate.

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Part 8 — The National Institute for Health and Care Excellence
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(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must not be published by NICE unless the relevant commissioner so
requires.
(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.
(7)
NICE must—
(a)
establish a procedure for the preparation of quality standards, and
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(b)
consult such persons as it considers appropriate in establishing that
procedure.
(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.
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(9)
In such a case—
(a)
the Secretary of State and the Board may issue a joint direction under
subsection (1), and
(b)
if they do so, NICE must prepare a joint quality standard in respect of
the matter or matters concerned.
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(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
State,

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.
(11)
In this Part—
“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
section 12 of that Act);
“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
quality standards to—
(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
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Part 8 — The National Institute for Health and Care Excellence
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(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
basis.
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(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
Northern Ireland.
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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)
the Board.
(2)
“Quality matter”—
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(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
quality standard, and
(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.
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Advice, guidance etc.
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—
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(a)
NHS services,
(b)
public health services, or
(c)
social care in England.
(2)
The regulations may provide that a function conferred under subsection
(1)(a)—
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)
or (c)—
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(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
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NICE.
(5)
The regulations may make provision about—

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(a)
the persons who may request or require that advice, guidance,
information or recommendations be given, provided or (as the case
may be) made by NICE,
(b)
the publication or other dissemination of the advice, guidance,
information or recommendations (whether by NICE, the Secretary of
5
State or the Board), and
(c)
the imposition by NICE of charges for or in connection with the giving
of advice or guidance, provision of information or making of
recommendations.
(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
basis.
(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
with recommendations—
(a)
generally in the exercise of functions, or
(b)
in the exercise of specified functions or functions of a specified
description.
(10)
In this section—
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“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;
“local authority” means—
(a)
a county council in England;
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(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;
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“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—
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(a)
the types of recommendations in relation to which an appeal may be
brought,
(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.
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223
Training
(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—
(a)
NHS services,
10
(b)
public health services, or
(c)
social care in England.
(2)
The regulations may provide that a function conferred under subsection
(1)(a)—
(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
function.
(3)
The regulations may provide that a function conferred under subsection (1)(b)
or (c)—
(a)
is only exercisable on the direction of the Secretary of State;
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(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.
224
Advisory services
(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.
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(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
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provided in connection with a medical condition.