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
194

225
Commissioning guidance
(1)
The Board may direct NICE to exercise any of the Board’s functions in relation
to the preparation of the guidance required to be published by the Board under
section 14V of the National Health Service Act 2006 (the “commissioning
guidance”).
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(2)
A direction under subsection (1) may direct NICE to exercise the functions in
such manner and within such period as may be specified in the direction.
(3)
If requested to do so, NICE must—
(a)
provide the Board with information or advice on such matters
connected to the Board’s functions in respect of commissioning
10
guidance as may be specified in the request, and
(b)
disseminate commissioning guidance in such manner as may be
specified in the request.
Functions: other
226
NICE’s charter
15
(1)
Regulations may make provision requiring NICE to publish a document
explaining the functions of NICE and how NICE intends to exercise them
(referred to in this section as “the charter”).
(2)
The regulations may, in particular, make provision about—
(a)
the information to be provided in the charter,
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(b)
the timing of preparation of the charter,
(c)
review and revision by NICE of the charter, and
(d)
the manner in which the charter must or may be published.
227
Additional functions
(1)
NICE may do any of the following—
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(a)
acquire, produce, manufacture and supply goods,
(b)
acquire land by agreement and manage and deal with land,
(c)
supply accommodation to any person,
(d)
supply services to any person and provide new services,
(e)
provide instruction for any person, and
30
(f)
develop and exploit ideas and exploit intellectual property.
(2)
But NICE may exercise a power under subsection (1) only—
(a)
if doing so is connected with the provision of health care or social care,
and
(b)
to the extent that its exercise does not to any significant extent interfere
35
with the performance by NICE of its functions.
(3)
NICE may—
(a)
charge for anything it does in the exercise of a power under
subsection (1), and
(b)
calculate any such charge on the basis that it considers to be the
40
appropriate commercial basis.

Health and Social Care Bill
Part 8 — The National Institute for Health and Care Excellence
195

228
Arrangements with other bodies
(1)
NICE may arrange with any person or body to provide, or assist in providing,
any service which NICE is required or authorised to provide by virtue of this
Part.
(2)
The power under this section may be exercised on such terms as may be
5
agreed, including terms as to the making of payments by or to NICE.
229
Failure by NICE to discharge any of its functions
(1)
The Secretary of State may give a direction to NICE if the Secretary of State
considers that NICE—
(a)
is failing or has failed to discharge any of its functions, or
10
(b)
is failing or has failed properly to discharge any of its functions.
(2)
A direction under subsection (1) may direct NICE to discharge such of those
functions, and in such manner and within such period or periods, as may be
specified in the direction.
(3)
If NICE fails to comply with a direction under subsection (1), the Secretary of
15
State may—
(a)
discharge the functions to which it relates, or
(b)
make arrangements for any other person to discharge them on the
Secretary of State’s behalf.
230
Protection from personal liability
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(1)
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 as
if there were included in the authorities referred to in that section a reference
to NICE.
(2)
In its application to NICE as provided for by subsection (1), section 265 of that
25
Act has effect as if any reference in that section to the Public Health Act 1875
were a reference to this Act.
Supplementary
231
Interpretation of this Part
In this Part—
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“the Board” means the National Health Service Commissioning Board;
“health care” has the meaning given by section 224;
“health services” has the meaning given by section 217;
“the health service” has the same meaning as in the National Health
Service Act 2006 (see section 275(1) of that Act);
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“NHS services” has the meaning given by section 218;
“public health services” has the meaning given by section 218;
“quality standard” has the meaning given by section 218;
“social care” has the meaning given by section 217.

Health and Social Care Bill
Part 9 — Health and adult social care services: information
Chapter 1 — Information standards
196

232
Dissolution of predecessor body
The Special Health Authority known as the National Institute for Health and
Clinical Excellence is abolished.
233
Consequential provision
Schedule 16 (which contains consequential provision) has effect.
5
Part 9
Health and adult social care services: information
Chapter 1
Information standards
234
Powers to publish information standards
10
(1)
The Secretary of State or the National Health Service Commissioning Board
(referred to in this Chapter as “the Board”) may prepare and publish an
information standard.
(2)
For the purposes of this Part “an information standard” is a document
containing standards in relation to the processing of information.
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(3)
The Secretary of State may exercise the power under subsection (1) only in
relation to information concerning, or connected with, the provision of health
services or of adult social care in England.
(4)
The Board may exercise the power under subsection (1) only in relation to
information concerning, or connected with, the provision of NHS services.
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(5)
An information standard must include guidance about the implementation of
the standard.
(6)
The following must have regard to an information standard published under
this section—
(a)
the Secretary of State;
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(b)
the Board;
(c)
any public body which exercises functions to which the information
standard relates in connection with the provision of health services or
of adult social care in England.
(7)
In this section—
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“adult social care”—
(a)
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
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care or other assistance, but
(b)
does not include anything provided by an establishment or
agency for which Her Majesty’s Chief Inspector of Education,
Children’s Services and Skills is the registration authority
under section 5 of the Care Standards Act 2000;
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Health and Social Care Bill
Part 9 — Health and adult social care services: information
Chapter 2 — The Health and Social Care Information Centre
197

“health services” means services which must or may be provided as part
of the health service in England; and for that purpose “the health
service” has the same meaning as in the National Health Service Act
2006 (see section 275(1) of that Act);
“NHS services” means services the provision of which is arranged by the
5
Board or a commissioning consortium under the National Health
Service Act 2006 (including pursuant to arrangements made under
section 12 of that Act);
“processing” has the same meaning as in the Data Protection Act 1998 (see
section 1 of that Act);
10
“public body” means a body or other person whose functions—
(a)
are of a public nature, or
(b)
include functions of that nature,
but in the latter case, the body or person is a public body to the extent
only of those functions.
15
235
Information standards: supplementary
(1)
Before publishing an information standard, the Secretary of State or the Board
must consult such persons as the Secretary of State or (as the case may be) the
Board considers appropriate.
(2)
For the purposes of section 234 the Secretary of State or the Board may adopt
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an information standard prepared or published by another person.
Chapter 2
The Health and Social Care Information Centre
Establishment and general duties
236
The Health and Social Care Information Centre
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(1)
There is to be a body corporate known as the Health and Social Care
Information Centre (referred to in this Chapter as “the Information Centre”).
(2)
Schedule 17 (which makes further provision about the Information Centre) has
effect.
237
General duties
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(1)
In exercising its functions the Information Centre must have regard to—
(a)
the information standards published by the Secretary of State or the
Board under section 234,
(b)
such guidance issued by the Secretary of State as the Secretary of State
may require,
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(c)
such guidance issued by the Board as the Board may require, and
(d)
the need to promote the effective, efficient and economic use of
resources in the provision of health services and of adult social care in
England.
(2)
The Information Centre must—
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(a)
seek to minimise the burdens it imposes on others, and

Health and Social Care Bill
Part 9 — Health and adult social care services: information
Chapter 2 — The Health and Social Care Information Centre
198

(b)
exercise its functions effectively, efficiently and economically.
(3)
In this Chapter—
“adult social care”—
(a)
includes all forms of personal care and other practical assistance
provided for individuals who by reason of age, illness,
5
disability, pregnancy, childbirth, dependence on alcohol or
drugs, or any other similar circumstances, are in need of such
care or other assistance, but
(b)
does not include anything provided by an establishment or
agency for which Her Majesty’s Chief Inspector of Education,
10
Children’s Services and Skills is the registration authority
under section 5 of the Care Standards Act 2000;
“health services” means services which must or may be provided as
part of the health service in England.
Functions: information systems
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238
Powers to direct Information Centre to establish information systems
(1)
The Secretary of State or the Board may direct the Information Centre to
establish and operate a system for the collection, analysis and publication or
other dissemination of information of a description specified in the direction.
(2)
A direction may be given under subsection (1) by the Secretary of State only
20
if—
(a)
it is in respect of information which the Secretary of State considers it is
necessary or expedient for the Secretary of State to have in relation to
the exercise by the Secretary of State of the Secretary of State’s functions
in connection with the provision of health services or of adult social
25
care in England, or
(b)
the Secretary of State otherwise considers it to be in the interests of the
health service in England or of the recipients or providers of adult
social care in England for the direction to be given.
(3)
A direction may be given under subsection (1) by the Board only if it is in
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respect of information which the Board considers it is necessary or expedient
for the Board to have in relation to its exercise of functions in connection with
the provision of NHS services.
(4)
In subsection (3) “NHS services” means services the provision of which is
arranged by the Board or a commissioning consortium under the National
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Health Service Act 2006 (including pursuant to arrangements made under
section 12 of that Act).
(5)
Before giving a direction under subsection (1) the Secretary of State or (as the
case may be) the Board must consult the Information Centre.
(6)
A function conferred by a direction given by the Secretary of State or the Board
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under subsection (1) is subject to directions given by the Secretary of State or
(as the case may be) the Board about the Information Centre’s exercise of the
function.