The National Institute for Clinical Excellence (Establishment and Constitution) Amendment Order 2005

Made7th March 2005

Laid before Parliament10th March 2005

Coming into force1st April 2005

The Secretary of State for Health, in exercise of the powers conferred by sections 11(1), (2) and (4) and 126(3) and (4) of the National Health Service Act 19771 and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement, application and interpretation1.

(1)

This Order may be cited as the National Institute for Clinical Excellence (Establishment and Constitution) Amendment Order and shall come into force on 1st April 2005.

(2)

This Order applies in England.

(3)

In this Order—

“the Act” means the National Health Service Act 1977;

“the principal Order” means the National Institute for Clinical Excellence (Establishment and Constitution) Order 19992;

“public funds” means monies provided by Parliament.

Amendment of Article 2 of the principal Order2.

In Article 2 of the principal Order (Establishment of the National Institute for Clinical Excellence) after the word “for” insert the words “Health and”.

Amendment of Article 3 of the principal Order3.

For Article 3 of the principal Order (functions of the Institute) substitute the following—

“3.
Subject to and in accordance with such directions as the Secretary of State may give, the Institute shall perform—
(a)
such functions in connection with the promotion of clinical excellence, and the effective use of available resources in the health service,
(b)
such functions in connection with the promotion of excellence in public health provision and promotion and in that connection the effective use of resources available in the health service and other available public funds,
(c)
such other functions
as the Secretary of State may direct”.

Amendment of Article 4 of the Principal Order4.

Article 4 of the principal Order (constitution of the Institute) is amended as follows—

(a)

in paragraph (1)(b) delete the word “eight” and substitute the words “not less than eight or more than ten”,

(b)

in paragraph (1)(c) for the word “five” substitute the word “six” and after the words “Chief Finance Officer” delete the words to the end and add the words “Director of Clinical and Public Health and Director of Health Improvement.”.

Consequential amendment of Orders and Regulations5.

The amendments in the Schedule are made in consequence of the change in the name of the Institute.

Signed by authority of the Secretary of State for Health

Warner

Parliamentary Under Secretary of State,

Department of Health

7th March 2005

THE SCHEDULEAMENDMENTS CONSEQUENTIAL ON THE CHANGE OF NAME OF THE NATIONAL INSTITUTE FOR CLINICAL EXCELLENCE

Article 5

The National Health Service Trusts (Membership and Procedure) Regulations 1990

1.

In paragraph 11(5) of the National Health Service Trusts (Membership and Procedure) Regulations 19903 (disqualification for appointment of chairman and non-executive directors) for the words in sub-paragraph (e) substitute “the National Institute for Health and Clinical Excellence”.

The Health Authorities (Membership and Procedure) Regulations 1996

2.

In Schedule 2 to the Health Authorities (Membership and Procedure) Regulations 19964 (Special Health Authorities of which the chairman and members are not disqualified under regulation 10(1)(g)) for “National Institute for Clinical Excellence” substitute “National Institute for Health and Clinical Excellence”.

The Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000

3.

In Schedule 1 to the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 20005 (Special Health Authorities of which the chairman and members are not disqualified under regulation 5(1)(e)) for “National Institute for Clinical Excellence” substitute “National Institute for Health and Clinical Excellence”.

The Government Resources and Accounts Act 2000 (Summarised Accounts of Special Health Authorities) Order 2003

4.

In the Schedule to the Government Resources and Accounts Act 2000 (Summarised Accounts of Special Health Authorities) Order 20036 for “National Institute for Clinical Excellence” substitute “ National Institute for Health and Clinical Excellence”.

The Government Resources and Accounts Act 2000 (Audit of Health Service Bodies) Order 2003

5.

In Schedule 1 to the Government Resources and Accounts Act 2000 (Audit of Health Service Bodies) Order 20037 for “National Institute for Clinical Excellence” substitute “ National Institute for Health and Clinical Excellence”.

(This note is not part of the Order)

This Order amends the National Institute for Clinical Excellence (Establishment and Constitution) Order 1999 to change the name of the Institute to the National Institute for Health and Clinical Excellence (article 2), to give the Institute additional functions (article 3), to increase the number of members of the Institute who are not officers from eight to not less than eight but not more than ten, to increase the number of members who are officers of the Institute from five to six and to change the office of Clinical Director to that of the Director of Clinical and Public Health and to provide that one of the officer members shall be the Director of Health Improvement (article 4).

The Order also makes the consequential amendments referred to in the Schedule (article 5).