Health and Social Care Bill

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Schedule 18 — Part 8: consequential amendments
381

Local Government Act 1972 (c. 70)
3
In section 113 of the Local Government Act 1972 (placing of staff of local
authorities at disposal of other local authorities and health bodies) in
subsection (1A)—
(a)
after “agreement with” insert “the National Institute for Health and
5
Care Excellence,”,
(b)
in paragraph (a), after “disposal of” insert “the National Institute for
Health and Care Excellence,”, and
(c)
in paragraph (b), after “employed by” insert “the National Institute
for Health and Care Excellence,”.
10
House of Commons Disqualification Act 1975 (c. 24)
4
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975
(bodies of which all members are disqualified) at the appropriate place
insert—
“The National Institute for Health and Care Excellence.”
15
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
5
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (bodies of which all members are disqualified) at the appropriate
place insert—
“The National Institute for Health and Care Excellence.”
20
Employment Rights Act 1996 (c. 18)
6
In section 218 of the Employment Rights Act 1996 (change of employer) in
subsection (10), after paragraph (cb) insert—
“(cc)
the National Institute for Health and Care Excellence,”.
Freedom of Information Act 2000 (c. 36)
25
7
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
bodies and offices: general) at the appropriate place insert—
“The National Institute for Health and Care Excellence.”
International Development Act 2002 (c. 1)
8
In Schedule 1 to the International Development Act 2002 (bodies which may
30
enter agreements to provide international development assistance etc.) after
the entry for an NHS foundation trust insert—
“The National Institute for Health and Care Excellence.”
National Health Service Act 2006 (c. 41)
9     (1)
The National Health Service Act 2006 is amended as follows.
35
      (2)
In section 9 (NHS contracts) in subsection (4), after paragraph (k) insert—
“(ka)
NICE,”.
      (3)
In section 71 (schemes for losses and liabilities of certain health service

Health and Social Care Bill
Schedule 18 — Part 8: consequential amendments
382

bodies) in subsection (2), after paragraph (d) insert—
“(da)
NICE,”.
      (4)
In section 72 (co-operation between NHS bodies)—
(a)
the existing text becomes subsection (1), and
(b)
after that subsection insert—
5
“(2)
For the purposes of this section, NICE is an NHS body.”
      (5)
In section 275 (interpretation) in subsection (1), after the definition of “NHS
trust” insert—
“NICE” means the National Institute for Health and Care
Excellence;”.
10
National Health Service (Wales) Act 2006 (c. 42)
10
In section 7 of the National Health Service (Wales) Act 2006 (NHS contracts)
in subsection (4), after paragraph (k) insert—
“(ka)
the National Institute for Health and Care Excellence,”.
Health and Social Care Act 2008 (c. 14)
15
11    (1)
The Health and Social Care Act 2008 is amended as follows.
      (2)
Omit section 45 (standards set by the Secretary of State) and the preceding
cross-heading.
      (3)
In section 53 (information and advice given by Care Quality Commission to
Secretary of State) in subsection (3)—
20
(a)
at the end of paragraph (a) insert “or”, and
(b)
omit paragraph (c) and the word “or” immediately preceding it.
Health Act 2009 (c. 21)
12
In section 2 of the Health Act 2009 (duty to have regard to the NHS
Constitution) in subsection (2), after paragraph (d) insert—
25
“(da)
the National Institute for Health and Care Excellence;”.
Equality Act 2010 (c. 15)
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
functions relate to the health service add—
30
“The National Institute for Health and Care Excellence.”
National Assembly for Wales (Disqualification) Order 2010 (S.I. 2010/2969)
14
In Part 1 of the Schedule to the National Assembly for Wales
(Disqualification) Order 2010 (bodies of which the members are
disqualified), at the appropriate place insert—
35
“National Institute for Health and Care Excellence;”.

Health and Social Care Bill
Schedule 19 — The Health and Social Care Information Centre
383

Schedule 19
Section 249

The Health and Social Care Information Centre
Membership, appointment, etc.
1     (1)
The Information Centre consists of—
(a)
at least six members appointed by the Secretary of State (referred to
5
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”).
      (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
10
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.
      (5)
The executive members are employees of the Information Centre.
Tenure of non-executive office
15
2     (1)
The chair and other non-executive members—
(a)
hold and vacate office in accordance with the terms of their
appointments, but
(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
20
non-executive member on any of the following grounds—
(a)
incapacity,
(b)
misbehaviour, or
(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
25
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
four years.
      (5)
A person who ceases to be the chair or another non-executive member is
30
eligible for re-appointment.
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.
35
      (3)
The notice may be—
(a)
delivered in person (in which case, the person is taken to receive it
when it is delivered), or

Health and Social Care Bill
Schedule 19 — The Health and Social Care Information Centre
384

(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).
      (4)
The initial period of suspension must not exceed six months.
      (5)
The Secretary of State may at any time review the suspension.
5
      (6)
The Secretary of State—
(a)
must review the suspension if requested in writing by the person to
do so, but
(b)
need not review the suspension less than three months after the
beginning of the initial period of suspension.
10
      (7)
Following a review during a period of suspension, the Secretary of State
may—
(a)
revoke the suspension, or
(b)
suspend the person for another period of not more than six months
from the expiry of the current period.
15
      (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
(b)
decides that there are grounds to do so but does not remove the
person from office under that provision.
20
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
chair to exercise the chair’s functions.
      (3)
The interim chair—
25
(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.
      (4)
Appointment as interim chair is for a term not exceeding the shorter of—
(a)
the period ending with either—
30
(i)
the appointment of a new chair, or
(ii)
the revocation or expiry of the existing chair’s suspension,
and
(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.
35
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
40
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

Health and Social Care Bill
Schedule 19 — The Health and Social Care Information Centre
385

should be compensated, the Information Centre must pay compensation to
the person of such amount as the Secretary of State may determine.
Staff
6     (1)
The Information Centre may appoint such persons to be employees of the
Centre as it considers appropriate.
5
      (2)
Employees of the Information Centre are to be paid such remuneration and
allowances as the Centre may determine.
      (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
10
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.
      (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.
15
Committees
7     (1)
The Information Centre may appoint such committees and sub-committees
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.
20
      (3)
The Information Centre may pay such remuneration and allowances as it
may determine to any person who—
(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.
25
Procedure
8     (1)
The Information Centre may regulate its own procedure.
      (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.
30
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);
35
(c)
a committee or sub-committee.

Health and Social Care Bill
Schedule 19 — The Health and Social Care Information Centre
386

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.
      (2)
Except as provided by paragraph 11(3), the Information Centre has no
5
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,
(b)
invest in companies (whether by acquiring assets, securities or rights
10
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-
paragraph (3) subject to such conditions as the Secretary of State thinks
15
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
11    (1)
The Secretary of State may make payments to the Information Centre out of
20
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
25
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
30
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.
      (3)
The Information Centre must provide the Secretary of State with such other
35
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
and ending on the following 31 March, and
40
(b)
each successive period of 12 months.

Health and Social Care Bill
Schedule 19 — The Health and Social Care Information Centre
387

Accounts
13    (1)
The Information Centre must keep proper accounts and proper records in
relation to the accounts.
      (2)
The Secretary of State may, with the approval of the Treasury, give
directions to the Information Centre as to—
5
(a)
the content and form of its accounts, and
(b)
the methods and principles to be applied in the preparation of its
accounts.
      (3)
In sub-paragraph (2) a reference to accounts includes the Information
Centre’s annual accounts prepared under paragraph 14 and any interim
10
accounts prepared by virtue of paragraph 15.
14    (1)
The Information Centre must prepare annual accounts in respect of each
financial year.
      (2)
The Information Centre must send copies of the annual accounts to the
Secretary of State and the Comptroller and Auditor General within such
15
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—
(a)
examine, certify and report on the annual accounts, and
(b)
lay copies of them and the report before Parliament.
20
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”).
      (2)
The Information Centre must send copies of any interim accounts to the
Secretary of State and the Comptroller and Auditor General within such
25
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
sub-paragraph (2), and
(b)
if the Secretary of State so directs—
30
(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.
Seal and evidence
16    (1)
The application of the Information Centre’s seal must be authenticated by
35
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
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.
40
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.