Legislation – Health and Social Care Act 2012

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 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,”.

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.”

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.”

Employment Rights Act 1996 (c. 18)

6 (1)

The Employment Rights Act 1996 is amended as follows.

(2)

In section 50 (right to time off for public duties) in subsection (8), after paragraph (ab) insert—

“(ac)

the National Institute for Health and Care Excellence,”.

(3)

In section 218 (change of employer) in subsection (10), after paragraph (cb) insert—

“(cc)

the National Institute for Health and Care Excellence,”.

Data Protection Act 1998 (c. 29)

7

In section 69 of the Data Protection Act 1998 (meaning of “health professional”) in subsection (3), after paragraph (fa) insert—

“(fb)

the National Institute for Health and Care Excellence,”.

Freedom of Information Act 2000 (c. 36)

8

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)

9

In Schedule 1 to the International Development Act 2002 (bodies which may 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)

10 (1)

The National Health Service Act 2006 is amended as follows.

(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 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—

“(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;”.

National Health Service (Wales) Act 2006 (c. 42)

11

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,”.

12 (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)—

(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)

13

In section 2 of the Health Act 2009 (duty to have regard to the NHS Constitution) in subsection (2), after paragraph (d) insert—

“(da)

the National Institute for Health and Care Excellence;”.

Equality Act 2010 (c. 15)

14

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 National Institute for Health and Care Excellence.”

SCHEDULE 17Part 8: consequential amendments

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

1

“(n)

Parliamentary Commissioner Act 1967 (c. 13)

2

Local Government Act 1972 (c. 70)

3

(a)

(b)

(c)

House of Commons Disqualification Act 1975 (c. 24)

4

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

5

Employment Rights Act 1996 (c. 18)

6

(1)

(2)

“(ac)

(3)

“(cc)

Data Protection Act 1998 (c. 29)

7

“(fb)

Freedom of Information Act 2000 (c. 36)

8

International Development Act 2002 (c. 1)

9

National Health Service Act 2006 (c. 41)

10

(1)

(2)

“(ka)

(3)

“(da)

(4)

(a)

(b)

“(2)

(5)

National Health Service (Wales) Act 2006 (c. 42)

11

“(ka)

Health and Social Care Act 2008 (c. 14)

12

(1)

(2)

(3)

(a)

(b)

Health Act 2009 (c. 21)

13

“(da)

Equality Act 2010 (c. 15)

14