Citation, commencement and interpretation

1.—(1) This Order may be cited as the National Institute for Clinical Excellence (Establishment and Constitution) Order 1999 and shall come into force on 26th February 1999.

(2) In this Order, “the Institute” means the National Institute for Clinical Excellence established by this Order.

Establishment of the National Institute for Clinical Excellence

2.  There is hereby established a Special Health Authority which shall be known as the National Institute for Clinical Excellence.

Functions of the Institute

3.  Subject to and in accordance with such directions as the Secretary of State may give(2), the Institute shall perform such functions in connection with the promotion of clinical excellence in the health service as the Secretary of State may direct.

Constitution of the Institute

4.  The Institute shall consist of–

(a)a chairman;

(b)seven members who are not officers of the Institute; and

(c)four members who are officers of the Institute, and who shall include the persons who for the time being hold the offices of Chief Officer, Chief Finance Officer and Clinical Director.

Remuneration of members

5.  The Institute is hereby specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the National Health Service Act 1977 (definition of “relevant authority” for the purposes of paying remuneration to members of Health Authorities and certain Special Health Authorities).

Explanatory Note

(This note is not part of the Order)

This Order provides for the establishment and constitution of a Special Health Authority, to be known as the National Institute for Clinical Excellence (“the Institute”), to exercise on behalf of the Secretary of State such functions in connection with the promotion of clinical excellence in the health service as he may direct it to perform.

Article 2 of the Order establishes the Institute, the functions of which are described in article 3 and are to be specified in directions given by the Secretary of State. Provision is made for the constitution of the Institute (article 4) and for the remuneration of members of the Institute who are not also its officers (article 5).