Care Act 2014

Section 109

SCHEDULE 7 U.K. The Health Research Authority

PART 1 U.K. Constitution

Membership U.K.

1 (1) The HRA consists of— U.K.

(a) a chair appointed by the Secretary of State,

(b) at least three but no more than four other members appointed by the Secretary of State,

(c) a chief executive appointed by the members appointed under paragraphs (a) and (b), and

(d) at least two but no more than three other members appointed by the members appointed under paragraphs (a) and (b).

(2) The members appointed under sub-paragraph (1)(a) and (b)—

(a) are not employees of the HRA, and

(b) are referred to in this Schedule as the “non-executive members”.

(3) The members appointed under sub-paragraph (1)(c) and (d)—

(a) are employees of the HRA, and

(b) are referred to in this Schedule as the “executive members”.

(4) The number of non-executive members must exceed the number of executive members.

Commencement Information

I1 Sch. 7 para. 1 in force at 1.1.2015 by S.I. 2014/2473, art. 5(m)

Non-executive members: terms of office U.K.

2 (1) A person holds office as a non-executive member of the HRA on the terms of that person's appointment. U.K.

(2) A person may not be appointed as a non-executive member for a period of more than four years.

(3) A person who ceases to be a non-executive member is eligible for re-appointment.

(4) A person may resign from office as a non-executive member by giving notice to the Secretary of State.

(5) The Secretary of State may remove a person from office as a non-executive member on any of the following grounds—

(a) incapacity;

(b) misbehaviour;

(c) failure to carry out his or her duties as a non-executive member.

(6) The Secretary of State may suspend a person from office as a non-executive member if it appears to the Secretary of State that there are or may be grounds to remove that person from office under sub-paragraph (5).

Commencement Information

I2 Sch. 7 para. 2 in force at 1.1.2015 by S.I. 2014/2473, art. 5(m)

Non-executive members: suspension from office U.K.

3 (1) Having decided to suspend a person under paragraph 2(6), the Secretary of State must give notice of the decision to the person; and the suspension takes effect when the person receives the notice. U.K.

(2) The notice may be—

(a) delivered in person (in which case the person is taken to receive it when it is delivered), or

(b) sent by first class post to the person's last known address (in which case, the person is taken to receive it on the third day after the day on which it is posted).

(3) The initial period of suspension must not exceed six months.

(4) The Secretary of State may review the suspension.

(5) The Secretary of State—

(a) must review the suspension, if requested in writing by the person to do so, but

(b) need not review the suspension less than three months after the beginning of the initial period of suspension.

(6) Following a review during a period of suspension, the Secretary of State may—

(a) revoke the suspension, or

(b) suspend the person for a period of no more than six months from the expiry of the current period.

(7) The Secretary of State must revoke the suspension if the Secretary of State—

(a) decides that there are no grounds to remove the person from office under paragraph 2(5), or

(b) decides that there are grounds to do so but nonetheless decides not to do so.

Commencement Information

I3 Sch. 7 para. 3 in force at 1.1.2015 by S.I. 2014/2473, art. 5(m)

4 (1) Where a person is suspended from office as the chair under paragraph 2(6), the Secretary of State may appoint a non-executive member as interim chair to exercise the chair's functions. U.K.

(2) Appointment as interim chair is for a term not exceeding the shorter of—

(a) the period ending with either—

(i) the appointment of a new chair, or

(ii) the revocation or expiry of the existing chair's suspension, and

(b) the remainder of the interim chair's term as a non-executive member.

(3) A person who ceases to be the interim chair is eligible for re-appointment.

Commencement Information

I4 Sch. 7 para. 4 in force at 1.1.2015 by S.I. 2014/2473, art. 5(m)

Non-executive members: pay U.K.

5 (1) The HRA must pay its non-executive members such remuneration as the Secretary of State may decide. U.K.

(2) The HRA must pay, or provide for the payment of, such allowances or gratuities as the Secretary of State may decide to a person who is or has been a non-executive member of the HRA.

Commencement Information

I5 Sch. 7 para. 5 in force at 1.1.2015 by S.I. 2014/2473, art. 5(m)

Employees: terms of office U.K.

6 (1) Each executive member of the HRA is appointed as an employee of the HRA on such terms as it decides. U.K.

(2) A person may not be appointed as chief executive without the consent of the Secretary of State.

(3) The HRA may appoint, on such terms as it decides, other persons as employees of the HRA (in addition to those appointed as executive members).

Commencement Information

I6 Sch. 7 para. 6 in force at 1.1.2015 by S.I. 2014/2473, art. 5(m)

Employees: pay U.K.

7 (1) The HRA must pay its employees such remuneration as it decides. U.K.

(2) The HRA may pay, or provide for the payment of, such pensions, allowances or gratuities as it decides to or in respect of a person who is or has been an employee of the HRA.

(3) Before making a decision about pay under this paragraph, the HRA must obtain the approval of the Secretary of State to its policy on the matter.

Commencement Information

I7 Sch. 7 para. 7 in force at 1.1.2015 by S.I. 2014/2473, art. 5(m)

Committees and sub-committees U.K.

8 (1) The HRA must appoint a committee for the purpose of giving advice— U.K.

(a) to the HRA in connection with the exercise of the HRA's function under regulation 5(1)(a) of the Health Service (Control of Patient Information) Regulations 2002 (S.I. 2002/1438) (approval for processing confidential patient information);

(b) to the Secretary of State in connection with the exercise of the Secretary of State's functions under regulations 2, 3(4) and 5 of those Regulations (processing of confidential patient information);

(c) to [F1 NHS England] in connection with—

(i) the exercise by [F2 NHS England] of functions conferred in regulations under section 251 of the National Health Service Act 2006 (processing of patient information for medical purposes) [F3 , so far as those functions relate to information obtained by NHS England in connection with the exercise of its relevant data functions (as defined by section 253(3) of the Health and Social Care Act 2012)];

(ii) any publication or other dissemination by [F4 NHS England of such information] which is in a form which identifies an individual to whom the information relates or enables the identity of such an individual to be ascertained.

(2) The HRA may appoint other committees and sub-committees.

(3) The committee appointed under sub-paragraph (1) must consist of persons who are not members or employees of the HRA.

(4) Any other committee or sub-committee may consist of or include such persons.

(5) The HRA may pay such remuneration and allowances as it decides to a person who is a member of a committee or sub-committee, but is not an employee of the HRA, regardless of whether the person is a non-executive member of the HRA.

Textual Amendments

F1 Words in Sch. 7 para. 8(1)(c) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 18(3)(a) (with reg. 3)

F2 Words in Sch. 7 para. 8(1)(c)(i) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 18(3)(b)(i) (with reg. 3)

F3 Words in Sch. 7 para. 8(1)(c)(i) inserted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 18(3)(b)(ii) (with reg. 3)

F4 Words in Sch. 7 para. 8(1)(c)(ii) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 18(3)(c) (with reg. 3)

Commencement Information

I8 Sch. 7 para. 8 in force at 1.1.2015 by S.I. 2014/2473, art. 5(m)

9 U.K. Regulations may provide for the committee appointed under paragraph 8(1) to be required, in giving advice, to have regard to specified factors or matters.

Commencement Information

I9 Sch. 7 para. 9 in force at 15.7.2014 for specified purposes by S.I. 2014/1714, art. 3(3)(b)

I10 Sch. 7 para. 9 in force at 1.1.2015 in so far as not already in force by S.I. 2014/2473, art. 5(m)

Procedure U.K.

10 (1) The HRA may regulate its own procedure. U.K.

(2) A vacancy among the members of the HRA, or a defect in the appointment of a member, does not affect the validity of any act of the HRA.

Commencement Information

I11 Sch. 7 para. 10 in force at 1.1.2015 by S.I. 2014/2473, art. 5(m)

Seal and evidence U.K.

11 (1) The application of the HRA's seal must be authenticated by the signature of a member of the HRA or a person who has been authorised (whether generally or specifically) for the purpose. U.K.

(2) A document purporting to be duly executed under the HRA's seal or to be signed on its behalf must be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

(3) But this paragraph does not apply in relation to a document which is, or is to be, signed in accordance with the law of Scotland.

Commencement Information

I12 Sch. 7 para. 11 in force at 1.1.2015 by S.I. 2014/2473, art. 5(m)

Status of the HRA U.K.

12 (1) The HRA is not to be regarded as a servant or agent of the Crown, or as enjoying any status, privilege or immunity of the Crown. U.K.

(2) The HRA's property is not to be regarded as property of, or property held on behalf of, the Crown.

Commencement Information

I13 Sch. 7 para. 12 in force at 1.1.2015 by S.I. 2014/2473, art. 5(m)

PART 2 U.K. Functions

Exercise of functions U.K.

13 (1) The HRA must exercise its functions effectively, efficiently and economically. U.K.

(2) The HRA may arrange for any of its committees, sub-committees or members or any other person (other than a devolved authority) to exercise any of its functions on its behalf.

(3) The HRA may arrange for any person to help it in the exercise of its functions (whether in a particular case or in cases of a particular description).

(4) Arrangements under sub-paragraph (2) or (3) may provide for the payment of remuneration and allowances to the persons with whom the HRA makes the arrangements.

(5) The HRA may do anything which appears to it to be necessary or desirable for the purposes of or in connection with the exercise of its functions.

Commencement Information

I14 Sch. 7 para. 13 in force at 1.1.2015 by S.I. 2014/2473, art. 5(m)

Help or advice for other public authorities U.K.

14 (1) The HRA may provide help or advice to another public authority for the purpose of the exercise by that authority of its functions. U.K.

(2) Help or advice under this paragraph may be provided on such terms as the HRA decides (including terms relating to payment of remuneration and allowances).

(3) “Public authority”—

(a) includes any person certain of whose functions are functions of a public nature, but

(b) does not include either House of Parliament or a person exercising functions in connection with proceedings in Parliament.

(4) A reference to a public authority—

(a) includes a public authority in the Channel Islands or the Isle of Man, but

(b) subject to that, does not include a reference to a public authority outside the United Kingdom.

Commencement Information

I15 Sch. 7 para. 14 in force at 1.1.2015 by S.I. 2014/2473, art. 5(m)

Arrangements with devolved authorities U.K.

15 (1) The HRA may arrange with a devolved authority for the HRA— U.K.

(a) to exercise on behalf of the devolved authority any function which corresponds to a function of the HRA;

(b) to provide services or facilities in so far as the devolved authority requires them in connection with the exercise of such a function.

(2) The terms and conditions on which arrangements under this paragraph may be made include provision for payment to the HRA in respect of its costs in giving effect to the arrangements.

Commencement Information

I16 Sch. 7 para. 15 in force at 1.1.2015 by S.I. 2014/2473, art. 5(m)

Failure to exercise functions U.K.

16 (1) If the Secretary of State considers that the HRA is failing or has failed to exercise any of its functions, and that the failure is significant, the Secretary of State may direct the HRA to exercise such of its functions, in such manner and within such period, as the direction specifies. U.K.

(2) If the HRA fails to comply with a direction under this paragraph, the Secretary of State may—

(a) exercise the functions specified in the direction, or

(b) make arrangements for some other person to exercise them on the Secretary of State's behalf.

(3) Where the Secretary of State exercises a power under sub-paragraph (1) or (2), the Secretary of State must publish the reasons for doing so.

(4) The reference in sub-paragraph (1) to exercising a function includes a reference to exercising it properly.

Commencement Information

I17 Sch. 7 para. 16 in force at 1.1.2015 by S.I. 2014/2473, art. 5(m)

PART 3 U.K. Finance and reports

Funding U.K.

17 U.K. The Secretary of State may, with the consent of the Treasury, make payments to the HRA at such times and on such conditions (if any) as the Secretary of State considers appropriate.

Commencement Information

I18 Sch. 7 para. 17 in force at 1.1.2015 by S.I. 2014/2473, art. 5(m)

Fees and indemnities U.K.

18 (1) Regulations may require payment of a fee in relation to the exercise of a specified function of the HRA; and the amount of the fee is to be the amount specified in, or determined in accordance with, the regulations. U.K.

(2) Where the amount of a fee is to be specified in regulations under this paragraph—

(a) the Secretary of State must, before specifying the amount of the fee, have regard to the cost incurred in the exercise of the function to which the fee relates, and

(b) the HRA must provide the Secretary of State with such information, in such form, as the Secretary of State may request.

(3) Regulations under this paragraph may require the HRA to determine the amount of a fee; and, where they do so, the regulations—

(a) must require the HRA, before determining the amount of the fee, to have regard to the cost incurred in the exercise of the function to which the fee relates, and

(b) must require the HRA to obtain the approval of the Secretary of State to the proposed amount of the fee.

(4) Regulations under this paragraph which provide for the amount of a fee to be determined may specify factors in accordance with which it is to be determined.

(5) Regulations under this paragraph may include provision—

(a) for determining the time by which a fee is payable;

(b) for any unpaid balance to be recoverable as a debt due to the HRA (but for this not to affect any other method of recovery).

(6) Before making regulations under this paragraph, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(7) Section 265 of the Public Health Act 1875 (which relates to the protection of members and officers of certain authorities from personal liability) has effect as if there were included in the authorities referred to in that section a reference to the HRA.

(8) In its application to the HRA as a result of sub-paragraph (7), section 265 of that Act has effect as if any reference in that section to that Act were a reference to this Act.

(9) In section 71(2) of the National Health Service Act 2006 (schemes for meeting losses and liabilities etc. of certain health service bodies), after paragraph (f) insert—

“(fa) the Health Research Authority;”.

Commencement Information

I19 Sch. 7 para. 18 in force at 1.1.2015 by S.I. 2014/2473, art. 5(m)

Accounts U.K.

19 (1) The HRA must keep accounts in such form as the Secretary of State may determine. U.K.

(2) The HRA must prepare annual accounts in respect of each financial year in such form as the Secretary of State may determine.

(3) The HRA must send copies of the annual accounts to—

(a) the Secretary of State, and

(b) the Comptroller and Auditor General,

within such period after the end of the financial year to which the accounts relate as the Secretary of State may determine.

(4) The Comptroller and Auditor General must—

(a) examine, certify and report on the annual accounts, and

(b) lay copies of them and the report on them before Parliament.

(5) In this paragraph and paragraph 20, “financial year” includes the period—

(a) beginning with the day on which the HRA is established, and

(b) ending with the following 31 March or, if the period ending with that date is 3 months or less, ending with the 31 March following that date.

Commencement Information

I20 Sch. 7 para. 19 in force at 1.1.2015 by S.I. 2014/2473, art. 5(m)

Annual report U.K.

20 (1) As soon as is feasible after the end of each financial year, the HRA must prepare an annual report on— U.K.

(a) the activities it has undertaken during the year, and

(b) the activities it proposes to undertake during the current financial year.

(2) The report must set out the steps the HRA has taken during the year to fulfil its main objective (see section 110(2)).

(3) The HRA must—

(a) lay a copy of the report before Parliament, and

(b) send a copy of it to the Secretary of State.

(4) The HRA must provide the Secretary of State with such other reports and information relating to the exercise of its functions as the Secretary of State may request.

Commencement Information

I21 Sch. 7 para. 20 in force at 1.1.2015 by S.I. 2014/2473, art. 5(m)

PART 4 U.K. Consequential amendments

Public Records Act 1958 U.K.

21 U.K. In Part 2 of the Table in Schedule 1 to the Public Records Act 1958, at the appropriate place insert— “ Health Research Authority. ”

Commencement Information

I22 Sch. 7 para. 21 in force at 1.1.2015 by S.I. 2014/2473, art. 5(m)

Public Bodies (Admission to Meetings) Act 1960 U.K.

22 U.K. In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, after paragraph (bm) (inserted by paragraph 30 of Schedule 5 to this Act) insert—

“(bn) the Health Research Authority;”.

Commencement Information

I23 Sch. 7 para. 22 in force at 1.1.2015 by S.I. 2014/2473, art. 5(m)

Parliamentary Commissioner Act 1967 U.K.

23 U.K. In Schedule 2 to the Parliamentary Commissioner Act 1967, at the appropriate place insert— “ Health Research Authority. ”

Commencement Information

I24 Sch. 7 para. 23 in force at 1.1.2015 by S.I. 2014/2473, art. 5(m)

House of Commons Disqualification Act 1975 U.K.

24 U.K. In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, at the appropriate place insert— “ The Health Research Authority. ”

Commencement Information

I25 Sch. 7 para. 24 in force at 1.1.2015 by S.I. 2014/2473, art. 5(m)

Copyright, Designs and Patents Act 1988 U.K.

25 U.K. In section 48(6) of the Copyright, Designs and Patents Act 1988 (definition of “the Crown”), after “Health Education England” (inserted by paragraph 33 of Schedule 5 to this Act) insert “ , the Health Research Authority ”.

Commencement Information

I26 Sch. 7 para. 25 in force at 1.1.2015 by S.I. 2014/2473, art. 5(m)

Freedom of Information Act 2000 U.K.

26 U.K. In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies), at the appropriate place insert— “ The Health Research Authority. ”

Commencement Information

I27 Sch. 7 para. 26 in force at 1.1.2015 by S.I. 2014/2473, art. 5(m)

Equality Act 2010 U.K.

27 U.K. In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the public sector equality duty), in the group of entries under the heading “Health, social care and social security”, after the entry for Health Education England (inserted by paragraph 35 of Schedule 5 to this Act) insert— “ The Health Research Authority. ”

Commencement Information

I28 Sch. 7 para. 27 in force at 1.1.2015 by S.I. 2014/2473, art. 5(m)