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The National Institute for Clinical Excellence (Establishment and Constitution) Order 1999

S.I. 1999/220 · Made 2 February 1999

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

Made 2nd February 1999

Laid before Parliament 3rd February 1999

Coming into force 26th February 1999

The Secretary of State for Health, in exercise of powers conferred on him by section 11(1), (2) and (4) of, and paragraph 9(7)(b) of Schedule 5 to, the National Health Service Act 1977f1 and of all other powers enabling him in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1977 c. 49; section 11 was amended by paragraph 31 of Schedule 1 to the Health Services Act 1980 (c. 53), by Schedule 10 to the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”) and by paragraph 2 of Schedule 1 to the Health Authorities Act 1995 (c. 17) (“the 1995 Act”); sub-paragraph (7) was inserted in paragraph 9 of Schedule 5 by paragraph 7(2) of Schedule 1 to the 1990 Act and was amended by paragraph 60(b) of Schedule 1 to the 1995 Act.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Establishment of the National Institute for Clinical Excellence
  3. 3Functions of the Institute
  4. 4Constitution of the Institute
  5. 5Remuneration of members
  6. Signature
  7. Explanatory note

1Citation, commencement and interpretation

(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.

2Establishment of the National Institute for Clinical Excellence

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

3Functions of the Institute

Subject to and in accordance with such directions as the Secretary of State may givef1, 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.

4Constitution of the Institute

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.

5Remuneration of members

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).

Signature

Frank Dobson

One of Her Majesty’s Principal Secretaries of State,

Department of Health

2nd February 1999

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).