|
| |
|
Functions: advice, guidance etc. |
| |
234 | 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— |
| 5 |
| |
(b) | public health services, or |
| |
(c) | social care in England. |
| |
(2) | The regulations may provide that a function conferred under subsection |
| |
| 10 |
(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) |
| |
| 15 |
(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 |
| 20 |
| |
(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 |
| |
| 25 |
(b) | the publication or other dissemination of the advice, guidance, |
| |
information or recommendations (whether by NICE, the Secretary of |
| |
| |
(c) | the imposition by NICE of charges for or in connection with the giving |
| |
of advice or guidance, provision of information or making of |
| 30 |
| |
(6) | Provision made under subsection (5)(c) may include provision for charges to |
| |
be calculated on the basis NICE considers to be the appropriate commercial |
| |
| |
(7) | The regulations must make provision about— |
| 35 |
(a) | the establishment by NICE of procedures for the giving of advice or |
| |
guidance, provision of information or making of recommendations |
| |
under the regulations, and |
| |
(b) | consultation by NICE in establishing the procedures. |
| |
(8) | The regulations may make provision requiring specified health or social care |
| 40 |
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 |
| |
specified description, given by NICE pursuant to the regulations; |
| |
(b) | comply with specified recommendations, or recommendations of a |
| |
specified description, made by NICE pursuant to the regulations. |
| 45 |
|
| |
|
| |
|
(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 |
| |
| |
(a) | generally in the exercise of functions, or |
| |
(b) | in the exercise of specified functions or functions of a specified |
| 5 |
| |
| |
“health or social care body” means any public body other than a local |
| |
authority exercising functions in connection with the provision of |
| |
health services or of social care in England; |
| 10 |
| |
(a) | a county council in England; |
| |
(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; |
| 15 |
(d) | the Council of the Isles of Scilly; |
| |
(e) | the Common Council of the City of London; |
| |
‘“public body” means a body or other person whose functions— |
| |
(a) | are of a public nature, or |
| |
(b) | include functions of that nature, |
| 20 |
but, in the latter case, the body or person is a public body to the extent |
| |
| |
“specified” means specified in the regulations. |
| |
235 | NICE recommendations: appeals |
| |
(1) | Regulations under section 234 may make provision about appeals against |
| 25 |
recommendations made by NICE pursuant to the regulations. |
| |
(2) | The regulations may in particular include provision about— |
| |
(a) | the types of recommendations in relation to which an appeal may be |
| |
| |
(b) | the persons who may bring an appeal, |
| 30 |
(c) | the grounds on which an appeal may be brought, and |
| |
(d) | the persons by whom an appeal is to be heard. |
| |
| |
(1) | Regulations may confer functions on NICE in relation to providing, or |
| |
facilitating the provision of, training in connection with any matter concerning |
| 35 |
or connected with the provision of— |
| |
| |
(b) | public health services, or |
| |
(c) | social care in England. |
| |
(2) | The regulations may provide that a function conferred under subsection |
| 40 |
| |
(a) | is only exercisable on the direction of the Board; |
| |
(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; |
| |
(b) | is subject to directions given by the Secretary of State about NICE’s |
| |
exercise of the function. |
| 5 |
(4) | The regulations may provide for the imposition by NICE of charges for or in |
| |
connection with the provision, or the facilitation of the provision, of training. |
| |
(5) | Provision made under subsection (4) may include provision for charges to be |
| |
calculated on the basis NICE considers to be the appropriate commercial basis. |
| |
| 10 |
(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— |
| |
(a) | the provision of health care, |
| |
(b) | the protection or improvement of public health, or |
| 15 |
(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. |
| |
(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. |
| 20 |
(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 |
| |
provided in connection with a medical condition. |
| |
238 | Commissioning guidance |
| 25 |
(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 |
| |
| |
(2) | A direction under subsection (1) may direct NICE to exercise the functions in |
| 30 |
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 |
| |
guidance as may be specified in the request, and |
| 35 |
(b) | disseminate commissioning guidance in such manner as may be |
| |
specified in the request. |
| |
|
| |
|
| |
|
| |
| |
(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”). |
| 5 |
(2) | The regulations may, in particular, make provision about— |
| |
(a) | the information to be provided in the charter, |
| |
(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. |
| 10 |
| |
(1) | NICE may do any of the following— |
| |
(a) | acquire, produce, manufacture and supply goods, |
| |
(b) | acquire land by agreement and manage and deal with land, |
| |
(c) | supply accommodation to any person, |
| 15 |
(d) | supply services to any person and provide new services, |
| |
(e) | provide instruction for any person, and |
| |
(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, |
| 20 |
| |
(b) | to the extent that its exercise does not to any significant extent interfere |
| |
with the performance by NICE of its functions. |
| |
| |
(a) | charge for anything it does in the exercise of a power under |
| 25 |
| |
(b) | calculate any such charge on the basis that it considers to be the |
| |
appropriate commercial basis. |
| |
241 | Arrangements with other bodies |
| |
(1) | NICE may arrange with any person or body to provide, or assist in providing, |
| 30 |
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 |
| |
agreed, including terms as to the making of payments by or to NICE. |
| |
242 | Failure by NICE to discharge any of its functions |
| 35 |
(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 |
| |
(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 |
| |
| 5 |
(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. |
| |
243 | Protection from personal liability |
| |
(1) | Section 265 of the Public Health Act 1875 (which relates to the protection of |
| 10 |
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 |
| |
Act has effect as if any reference in that section to the Public Health Act 1875 |
| 15 |
were a reference to this Act. |
| |
| |
244 | Interpretation of this Part |
| |
| |
“the Board” means the National Health Service Commissioning Board; |
| 20 |
“health care” has the meaning given by section 237; |
| |
“the health service” has the same meaning as in the National Health |
| |
Service Act 2006 (see section 275(1) of that Act); |
| |
“health services” has the meaning given by section 230; |
| |
“NHS services” has the meaning given by section 231; |
| 25 |
“public health services” has the meaning given by section 231; |
| |
“quality standard” has the meaning given by section 231; |
| |
“social care” has the meaning given by section 230. |
| |
245 | Dissolution of predecessor body |
| |
The Special Health Authority known as the National Institute for Health and |
| 30 |
Clinical Excellence is abolished. |
| |
246 | Consequential and transitional provision |
| |
(1) | Schedule 18 (which contains consequential provision) has effect. |
| |
(2) | A statement of standards prepared and published by the Institute before |
| |
commencement is to be treated on and after commencement as if it were a |
| 35 |
| |
(a) | prepared and published by NICE in accordance with section 231, |
| |
(b) | endorsed under subsection (5) of that section, and |
| |
(c) | in respect of which the transitional commissioner is the relevant |
| |
commissioner for the purposes of that section. |
| 40 |
|
| |
|
| |
|
(3) | Subsections (4) to (6) apply to a case where before commencement— |
| |
(a) | the Secretary of State has referred a matter to the Institute for the |
| |
purpose of preparing and publishing a statement of standards, but |
| |
(b) | the Institute has not published the statement. |
| |
(4) | The referral by the Secretary of State to the Institute of the matter is to be |
| 5 |
treated on and after commencement as if it were a direction given to NICE by |
| |
the transitional commissioner for the preparation of a quality standard in |
| |
relation to that matter under section 231(1); and the transitional commissioner |
| |
is to be treated as the relevant commissioner for the purposes of that section. |
| |
(5) | Anything done by the Institute before commencement in relation to the matter |
| 10 |
is to be treated on and after commencement as having been done by NICE in |
| |
pursuance of the direction. |
| |
(6) | Consultation undertaken by the Institute before commencement in relation to |
| |
the matter is to be treated on and after commencement as if it were consultation |
| |
by NICE under section 231(3) in relation to the preparation of the quality |
| 15 |
| |
(7) | A procedure established by the Institute before commencement for the |
| |
preparation of statements of standards is to be treated on and after |
| |
commencement as if it were a procedure established by NICE in accordance |
| |
with section 231(7) for the preparation of quality standards. |
| 20 |
(8) | For the purposes of this section “the transitional commissioner” is the Secretary |
| |
of State; but the Secretary of State, after consulting the Board, may direct that |
| |
in relation to a particular statement of standards or matter the transitional |
| |
| |
| 25 |
(b) | both the Secretary of State and the Board. |
| |
| |
“commencement” means the commencement of section 231; |
| |
“the Institute” means the Special Health Authority known as the National |
| |
Institute for Health and Clinical Excellence; |
| 30 |
“statement of standards” means a document containing advice to the |
| |
Secretary of State in relation to the quality of the provision of health |
| |
care prepared and published by the Institute pursuant to the directions |
| |
given to the Institute by the Secretary of State on 27 July 2009. |
| |
| 35 |
Health and adult social care services: information |
| |
| |
| |
247 | Powers to publish information standards |
| |
(1) | The Secretary of State or the National Health Service Commissioning Board |
| 40 |
(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. |
| |
(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. |
| 5 |
(4) | The Board may exercise the power under subsection (1) only in relation to |
| |
information concerning, or connected with, the provision of NHS services. |
| |
(5) | An information standard must include guidance about the implementation of |
| |
| |
(6) | The following must have regard to an information standard published under |
| 10 |
| |
(a) | the Secretary of State; |
| |
| |
(c) | any public body which exercises functions to which the information |
| |
standard relates in connection with the provision of health services or |
| 15 |
of adult social care in England; |
| |
(d) | any person (other than a public body) who provides health services, or |
| |
adult social care in England, to which the information standard relates |
| |
pursuant to arrangements made with a public body exercising |
| |
functions in connection with the provision of such services or care. |
| 20 |
| |
| |
(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 |
| 25 |
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, |
| |
Children’s Services and Skills is the registration authority |
| 30 |
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; 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); |
| 35 |
“NHS services” means services the provision of which is arranged by the |
| |
Board or a commissioning consortium under the National Health |
| |
Service Act 2006 (including pursuant to arrangements made under |
| |
section 7A or 12 of that Act); |
| |
“processing” has the same meaning as in the Data Protection Act 1998 (see |
| 40 |
| |
“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 |
| 45 |
| |
|
| |
|