Health and Social Care Act 2012

Section 249

SCHEDULE 17Part 8: consequential amendments

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

1In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which that Act applies) in paragraph 1, after paragraph (m) insert—

“(n)the National Institute for Health and Care Excellence;”.

Parliamentary Commissioner Act 1967 (c. 13)

2In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) at the appropriate place insert—

• “National Institute for Health and Care Excellence.”

Local Government Act 1972 (c. 70)

3In 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)

4In 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)

5In 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)

7In 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)

8In 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)

9In 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)

11In 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)

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)

13In 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)

14In 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.”