PART 8

The National Institute for Health and Care Excellence

Functions: other

Failure by NICE to discharge any of its functions
245
1
The Secretary of State may give a direction to NICE if the Secretary of State considers that—
a
NICE—
i
is failing or has failed to discharge any of its functions, or
ii
is failing or has failed properly to discharge any of its functions, and
b
the failure is significant.
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 State may—
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.
4
Where the Secretary of State exercises a power under subsection (1) or (3), the Secretary of State must publish reasons for doing so.
5
For the purposes of this section, a failure to discharge a function properly includes a failure to discharge it consistently with what the Secretary of State considers to be the interests of the health service in England or (as the case may be) with what otherwise appears to the Secretary of State to be the purpose for which it is conferred.