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
Schedule 17 — The Health and Social Care Information Centre
331

Constitution) in subsection (2), after paragraph (d) insert—
“(da)
the National Institute for Health and Care Excellence;”.
Equality Act 2010
13
In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public
sector equality duty) at the end of the group of entries for bodies whose
5
functions relate to the health service add—
“The National Institute for Health and Care Excellence.”
Schedule 17
Section 236

The Health and Social Care Information Centre
Membership, appointment, etc.
10
1     (1)
The Information Centre consists of—
(a)
at least six members appointed by the Secretary of State (referred to
in this Schedule as the “non-executive members”), and
(b)
not more than five other members appointed by the non-executive
members (referred to in this Schedule as the “executive members”).
15
      (2)
One of the non-executive members must be appointed as the chair.
      (3)
One of the executive members must be appointed as the chief executive; but
the appointment may not be made without the approval of the Secretary of
State.
      (4)
The first chief executive is to be appointed by the Secretary of State.
20
      (5)
The executive members are employees of the Information Centre.
Tenure of non-executive office
2     (1)
The chair and other non-executive members—
(a)
hold and vacate office in accordance with the terms of their
appointments, but
25
(b)
may resign office by giving notice to the Secretary of State.
      (2)
The Secretary of State may remove a person from office as the chair or other
non-executive member on any of the following grounds—
(a)
incapacity,
(b)
misbehaviour, or
30
(c)
failure to carry out his or her duties as a non-executive member.
      (3)
The Secretary of State may suspend a person from office as the chair or other
non-executive member if it appears to the Secretary of State that there are or
may be grounds to remove the person from office under sub-paragraph (2).
      (4)
A non-executive member may not be appointed for a period of more than
35
four years.
      (5)
A person who ceases to be the chair or another non-executive member is
eligible for re-appointment.

Health and Social Care Bill
Schedule 17 — The Health and Social Care Information Centre
332

Suspension from non-executive office
3     (1)
This paragraph applies where a person is suspended under paragraph 2(3).
      (2)
The Secretary of State must give notice of the decision to the person; and the
suspension takes effect on receipt by the person of the notice.
      (3)
The notice may be—
5
(a)
delivered in person (in which case, the person is taken to receive it
when it is delivered), or
(b)
sent by first class post to the person’s last known address (in which
case, the person is taken to receive it on the third day after the day on
which it is posted).
10
      (4)
The initial period of suspension must not exceed six months.
      (5)
The Secretary of State may at any time review the suspension.
      (6)
The Secretary of State—
(a)
must review the suspension if requested in writing by the person to
do so, but
15
(b)
need not review the suspension less than three months after the
beginning of the initial period of suspension.
      (7)
Following a review during a period of suspension, the Secretary of State
may—
(a)
revoke the suspension, or
20
(b)
suspend the person for another period of not more than six months
from the expiry of the current period.
      (8)
The Secretary of State must revoke the suspension if the Secretary of State—
(a)
decides that there are no grounds to remove the person from office
under paragraph 2(2), or
25
(b)
decides that there are grounds to do so but does not remove the
person from office under that provision.
4     (1)
This paragraph applies where a person is suspended from office as the chair
under paragraph 2(3).
      (2)
The Secretary of State may appoint a non-executive member as the interim
30
chair to exercise the chair’s functions.
      (3)
The interim chair—
(a)
holds and vacates office in accordance with the terms of the
appointment, but
(b)
may resign office by giving notice in writing to the Secretary of State.
35
      (4)
Appointment as interim chair is for a term not exceeding the shorter of—
(a)
the period ending with either—
(i)
the appointment of a new chair, or
(ii)
the revocation or expiry of the existing chair’s suspension,
and
40
(b)
the remainder of the interim chair’s term as a non-executive member.
      (5)
A person who ceases to be the interim chair is eligible for re-appointment.

Health and Social Care Bill
Schedule 17 — The Health and Social Care Information Centre
333

Remuneration etc. of non-executive members
5     (1)
The Information Centre must pay to the non-executive members such
remuneration and allowances as the Secretary of State may determine.
      (2)
The Information Centre must pay or make provision for the payment of such
pensions, allowances or gratuities as the Secretary of State may determine to
5
or in respect of any person who is or has been a non-executive member.
      (3)
If a person ceases to be a non-executive member and the Secretary of State
decides that there are exceptional circumstances which mean that the person
should be compensated, the Information Centre must pay compensation to
the person of such amount as the Secretary of State may determine.
10
Staff
6     (1)
The Information Centre may appoint such persons to be employees of the
Centre as it considers appropriate.
      (2)
Employees of the Information Centre are to be paid such remuneration and
allowances as the Centre may determine.
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      (3)
Employees of the Information Centre are to be appointed on such other
terms and conditions as the Centre may determine.
      (4)
The Information Centre may pay or make provision for the payment of such
pensions, allowances or gratuities as it may determine to or in respect of any
person who is or has been an employee of the Centre.
20
      (5)
Before making a determination as to remuneration, pensions, allowances or
gratuities for the purposes of sub-paragraph (2) or (4), the Centre must
obtain the approval of the Secretary of State to its policy on that matter.
Committees
7     (1)
The Information Centre may appoint such committees and sub-committees
25
as it considers appropriate.
      (2)
A committee or sub-committee may consist of or include persons who are
not members or employees of the Information Centre.
      (3)
The Information Centre may pay such remuneration and allowances as it
may determine to any person who—
30
(a)
is a member of a committee or sub-committee, but
(b)
is not an employee of the Centre,

whether or not that person is a non-executive member of the Centre.
Procedure
8     (1)
The Information Centre may regulate its own procedure.
35
      (2)
The validity of any act of the Information Centre is not affected by any
vacancy among the members or by any defect in the appointment of a
member.

Health and Social Care Bill
Schedule 17 — The Health and Social Care Information Centre
334

Exercise of functions
9
The Information Centre may arrange for the exercise of its functions on its
behalf by—
(a)
a non-executive member;
(b)
an employee (including an executive member);
5
(c)
a committee or sub-committee.
General powers
10    (1)
The Information Centre may do anything which appears to it to be necessary
or expedient for the purposes of, or in connection with, the exercise of its
functions.
10
      (2)
Except as provided by paragraph 11(3), the Information Centre has no
power to borrow money.
      (3)
The Information Centre may do any of the following only with the approval
of the Secretary of State—
(a)
form, or participate in the forming of, companies,
15
(b)
invest in companies (whether by acquiring assets, securities or rights
or otherwise), and
(c)
provide loans and guarantees and make other kinds of financial
provision to or in respect of companies.
      (4)
The approval of the Secretary of State may be given for the purposes of sub-
20
paragraph (3) subject to such conditions as the Secretary of State thinks
appropriate.
      (5)
In this paragraph “company” has the same meaning as in the Companies
Acts (see section 1(1) of the Companies Act 2006).
Finance
25
11    (1)
The Secretary of State may make payments to the Information Centre out of money
provided by Parliament of such amounts as the Secretary of State thinks appropriate.
      (2)
Payments made under sub-paragraph (1) may be made at such times and on
such conditions (if any) as the Secretary of State thinks appropriate.
      (3)
The Secretary of State may lend money to the Information Centre on such
30
terms (including as to repayment and interest) as the Secretary of State may
determine.
Reports
12    (1)
As soon as practicable after the end of each financial year, the Information
Centre must prepare an annual report on how it has exercised its functions
35
during the year.
      (2)
The Information Centre must—
(a)
lay a copy of the report before Parliament, and
(b)
once it has done so, send a copy of it to the Secretary of State.

Health and Social Care Bill
Schedule 17 — The Health and Social Care Information Centre
335

      (3)
The Information Centre must provide the Secretary of State with such other
reports and information relating to the exercise of the Centre’s functions as
the Secretary of State may require.
      (4)
In this paragraph and paragraph 14 “financial year” means—
(a)
the period beginning on the day on which section 1 comes into force
5
and ending on the following 31 March, and
(b)
each successive period of 12 months.
Accounts
13    (1)
The Information Centre must keep proper accounts and proper records in
relation to the accounts.
10
      (2)
The Secretary of State may, with the approval of the Treasury, give
directions to the Information Centre as to—
(a)
the content and form of its accounts, and
(b)
the methods and principles to be applied in the preparation of its
accounts.
15
      (3)
In sub-paragraph (2) a reference to accounts includes the Information
Centre’s annual accounts prepared under paragraph 14 and any interim
accounts prepared by virtue of paragraph 15.
14    (1)
The Information Centre must prepare annual accounts in respect of each
financial year.
20
      (2)
The Information Centre must send copies of the annual accounts to the
Secretary of State and 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 direct.
      (3)
The Comptroller and Auditor General must—
25
(a)
examine, certify and report on the annual accounts, and
(b)
lay copies of them and the report before Parliament.
15    (1)
The Secretary of State may, with the approval of the Treasury, direct the
Information Centre to prepare accounts in respect of such period or periods
as may be specified in the direction (“interim accounts”).
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      (2)
The Information Centre must send copies of any interim accounts to the
Secretary of State and the Comptroller and Auditor General within such
period as the Secretary of State may direct.
      (3)
The Comptroller and Auditor General must—
(a)
examine, certify and report on any interim accounts sent by virtue of
35
sub-paragraph (2), and
(b)
if the Secretary of State so directs—
(i)
send a copy of the report on the accounts to the Secretary of
State, and
(ii)
lay copies of them and the report before Parliament.
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Health and Social Care Bill
Schedule 18 — Part 9: consequential amendments
336

Seal and evidence
16    (1)
The application of the Information Centre’s seal must be authenticated by
the signature of the chair or of any employee who has been authorised
(generally or specifically) for that purpose.
      (2)
A document purporting to be duly executed under the Information Centre’s
5
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.
Status
17    (1)
The Information Centre must not be regarded as the servant or agent of the
Crown or as enjoying any status, immunity or privilege of the Crown.
10
      (2)
The Information Centre’s property must not be regarded as property of, or
property held on behalf of, the Crown.
Schedule 18
Section 257

Part 9: consequential amendments
Public Bodies (Admission to Meetings) Act 1960
15
1
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960
(bodies to which that Act applies) in paragraph 1, after paragraph (n)
(inserted by Schedule 16) insert—
“(o)
the Health and Social Care Information Centre.”
Parliamentary Commissioner Act 1967
20
2
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc.
subject to investigation) at the appropriate place insert—
“Health and Social Care Information Centre.”
House of Commons Disqualification Act 1975 (c. 24)
3
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
25
(bodies of which all members are disqualified) at the appropriate place
insert—
“The Health and Social Care Information Centre.”
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
4
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
30
Act 1975 (bodies of which all members are disqualified) at the appropriate
place insert—
“The Health and Social Care Information Centre.”
Employment Rights Act 1996
5
In section 218 of the Employment Rights Act 1996 (change of employer) in
35

Health and Social Care Bill
Schedule 18 — Part 9: consequential amendments
337

subsection (10), after paragraph (cc) (inserted by Schedule 16) insert—
“(cd)
the Health and Social Care Information Centre,”.
Freedom of Information Act 2000
6
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
bodies and offices: general) at the appropriate place insert—
5
“The Health and Social Care Information Centre.”
National Health Service Act 2006 (c. 41)
7     (1)
The National Health Service Act 2006 is amended as follows.
      (2)
In section 9 (NHS contracts) in subsection (4), after paragraph (ka) (inserted
by Schedule 16) insert—
10
“(kb)
the Health and Social Care Information Centre,”.
      (3)
In section 71 (schemes for losses and liabilities of certain health service
bodies) in subsection (2), after paragraph (da) (inserted by Schedule 16)
insert—
“(db)
the Health and Social Care Information Centre,”.
15
      (4)
In section 72 (co-operation between NHS bodies), after subsection (2)
(inserted by Schedule 16 of this Act) insert—
“(3)
For the purposes of this section, the Health and Social Care
Information Centre is an NHS body.”
National Health Service (Wales) Act 2006 (c. 42)
20
8     (1)
The National Health Service (Wales) Act 2006 is amended as follows.
      (2)
In section 7 (NHS contracts) in subsection (4), after paragraph (ka) (inserted
by Schedule 16) insert—
“(kb)
the Health and Social Care Information Centre,”.
Health Act 2009
25
9
In section 2 of the Health Act 2009 (duty to have regard to the NHS
Constitution), in subsection (2) after paragraph (da) (inserted by Schedule
16) insert—
“(db)
the Health and Social Care Information Centre;”.
Equality Act 2010
30
10
In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public
sector equality duty) at the end of the group of entries for bodies whose
functions relate to the health service add—
“The Health and Social Care Information Centre.”