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Statutory Instruments

1999 No. 2219

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

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

Made

5th August 1999

Laid before Parliament

6th August 1999

Coming into force

27th August 1999

The Secretary of State for Health, in exercise of powers conferred on him by sections 11(1) and (2) and 126(3) of the National Health Service Act 1977(1) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the National Institute for Clinical Excellence (Establishment and Constitution) Amendment Order 1999 and shall come into force on 27th August 1999.

Amendment of the National Institute for Clinical Excellence (Establishment and Constitution) Order 1999

2.—(1) The National Institute for Clinical Excellence (Establishment and Constitution) Order 1999(2) is amended in accordance with the following paragraphs of this article.

(2) In article 3 (functions of the Institute) after the words “promotion of clinical excellence” there are inserted the words “and of the effective use of available resources”.

(3) After article 5 there is added—

Admission to meetings

6.  The Public Bodies (Admission to Meetings) Act 1960 shall apply to the Institute.

Frank Dobson

Secretary of State for Health

5th August 1999

Explanatory Note

(This note is not part of the Order)

This Order amends the National Institute for Clinical Excellence (Establishment and Constitution) Order 1999 by extending the functions which the Secretary of State may direct the Institute to exercise and by providing that the Institute shall be a body to which the Public Bodies (Admission to Meetings) Act 1960 applies. The effect of this latter amendment is that, save as provided for by that Act, representatives of the press and other members of the public must be admitted to the meetings of the Institute.

(1)

1977 c. 49; section 11 was amended by paragraph 31 of Schedule 1 to the Health Services Act 1980 (c. 53) and 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”); section 126(3) was amended by section 65(2) of the 1990 Act, by paragraph 57 of Schedule 1 to the 1995 Act and by paragraph 27 of Schedule 2 to the National Health Service (Primary Care) Act 1997 (c. 46). Functions under these sections of the 1977 Act, in relation to the National Institute for Clinical Excellence, are, by their nature, exercisable concurrently with the Secretary of State by virtue of article 2(c) of the National Assembly for Wales (Transfer of Functions) Order 1999 S.I. 1999/672.