|
| |
|
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 |
| |
| 5 |
(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. |
| |
| |
| 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, |
| 20 |
(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. |
| |
| |
(1) | NICE may do any of the following— |
| 25 |
(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, |
| |
| |
(b) | to the extent that its exercise does not to any significant extent interfere |
| 35 |
with the performance by NICE of its functions. |
| |
| |
(a) | charge for anything it does in the exercise of a power under |
| |
| |
(b) | calculate any such charge on the basis that it considers to be the |
| 40 |
appropriate commercial basis. |
| |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| 20 |
(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 |
| |
| |
(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. |
| |
| |
231 | Interpretation of this Part |
| |
| 30 |
“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); |
| 35 |
“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. |
| |
|
| |
|
| |
|
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 |
| |
Health and adult social care services: information |
| |
| |
| |
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 |
| |
| |
(2) | For the purposes of this Part “an information standard” is a document |
| |
containing standards in relation to the processing of information. |
| 15 |
(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. |
| 20 |
(5) | An information standard must include guidance about the implementation of |
| |
| |
(6) | The following must have regard to an information standard published under |
| |
| |
(a) | the Secretary of State; |
| 25 |
| |
(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. |
| |
| 30 |
| |
(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 |
| 35 |
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; |
| 40 |
|
| |
|
| |
|
“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 |
| |
| |
“processing” has the same meaning as in the Data Protection Act 1998 (see |
| |
| 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 |
| |
| 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 |
| 20 |
an information standard prepared or published by another person. |
| |
| |
The Health and Social Care Information Centre |
| |
Establishment and general duties |
| |
236 | The Health and Social Care Information Centre |
| 25 |
(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 |
| |
| |
| 30 |
(1) | In exercising its functions the Information Centre must have regard to— |
| |
(a) | the information standards published by the Secretary of State or the |
| |
| |
(b) | such guidance issued by the Secretary of State as the Secretary of State |
| |
| 35 |
(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 |
| |
| |
(2) | The Information Centre must— |
| 40 |
(a) | seek to minimise the burdens it imposes on others, and |
| |
|
| |
|
| |
|
(b) | exercise its functions effectively, efficiently and economically. |
| |
| |
| |
(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 |
| 15 |
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 |
| |
(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 |
| |
(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 |
| 30 |
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 |
| 35 |
Health Service Act 2006 (including pursuant to arrangements made under |
| |
| |
(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 |
| 40 |
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 |
| |
| |
|
| |
|