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

• Citation: S.I. 2005/497
• Sections: 10

Section 1 Citation, commencement, application and interpretation

(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 1999 ;

“public funds” means monies provided by Parliament.

Section 2 Amendment of Article 2 of the principal Order

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

Section 3 Amendment of Article 3 of the principal Order

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

Section 4 Amendment of Article 4 of the Principal Order

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.”.

Section 5 Consequential amendment of Orders and Regulations

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

Section 1

In paragraph 11(5) of the National Health Service Trusts (Membership and Procedure) Regulations 1990 (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”.

Section 2

In Schedule 2 to the Health Authorities (Membership and Procedure) Regulations 1996 (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”.

Section 3

In Schedule 1 to the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 (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”.

Section 4

In the Schedule to the Government Resources and Accounts Act 2000 (Summarised Accounts of Special Health Authorities) Order 2003 for “National Institute for Clinical Excellence” substitute “ National Institute for Health and Clinical Excellence”.

Section 5

In Schedule 1 to the Government Resources and Accounts Act 2000 (Audit of Health Service Bodies) Order 2003 for “National Institute for Clinical Excellence” substitute “ National Institute for Health and Clinical Excellence”.