PART 9Health and adult social care services: information
C1CHAPTER 2F6NHS ENGLAND: HEALTH AND SOCIAL CARE INFORMATION ETC.
Pt. 9 Ch. 2: power to amend conferred (1.7.2022) by 2021 c. 3, s 43(3) (as inserted by Health and Care Act 2022 (c. 31), ss. 101(5)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30))
Functions: information systems
I6C1C2254C1I1Powers to direct F7NHS England to establish information systems
1
2
A direction may be given under subsection (1) by the Secretary of State only if—
a
the Secretary of State considers that the information which could be obtained by complying with the direction is information which it is necessary or expedient for the Secretary of State to have in relation to the exercise by the Secretary of State of the Secretary of State's functions in connection with the provision of health services or of adult social care in England, or
b
the Secretary of State otherwise considers it to be in the interests of the health service in England or of the recipients or providers of adult social care in England for the direction to be given.
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I7255C1I2Powers to request F8NHS England to establish information systems
1
Any person (including a devolved authority) may request F24NHS England to establish and operate a system for the collection or analysis of information of a description specified in the request.
2
A request may be made under subsection (1) by a person only if the person considers that the information which could be obtained by complying with the request is information which it is necessary or expedient for the person to have in relation to the person's exercise of functions, or carrying out of activities, in connection with the provision of health care or adult social care.
3
4
For the purposes of this Chapter a request under subsection (1) is a mandatory request if—
a
it is made by a principal body, and
b
the body considers that the information which could be obtained by complying with the request is information which it is necessary or expedient for the body to have in relation to its discharge of a duty in connection with the provision of health services or of adult social care in England.
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Subsection (8) applies where F28NHS England has discretion under this section as to whether to comply with—
a
a mandatory request, or
b
other request under subsection (1).
8
In deciding whether to comply with the request, F29NHS England—
a
must, in particular, consider whether doing so would interfere to an unreasonable extent with the exercise by F29NHS England of any of its functions, and
9
In this section “principal body” means—
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b
the Care Quality Commission,
c
the National Institute for Health and Care Excellence, and
d
such other persons as may be prescribed in regulations.
10
In this Chapter “health care” includes all forms of health care whether relating to physical or mental health and also includes procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition.
I8256C1Requests for collection under section 255: confidential information
1
A request under section 255 is a confidential collection request if it is a request for F30NHS England to establish and operate a system for the collection of information which is in a form which—
a
identifies any individual to whom the information relates who is not an individual who provides health care or adult social care, or
b
enables the identity of such an individual to be ascertained.
2
A person may make a confidential collection request under section 255 only if the request—
a
is a mandatory request,
b
relates to information which the person making the request (“R”) may require to be disclosed to R or to F30NHS England by the person holding it, or
c
relates to information which may otherwise be lawfully disclosed to F30NHS England or to R by the person holding it.
I9257C1Requests under section 255: supplementary
1
F31NHS England must publish procedures for—
a
the making and consideration of requests under section 255, and
b
the reconsideration by F31NHS England of a decision not to comply with such a request.
2
The procedure mentioned in subsection (1)(b) must provide for the person who made the request to have an opportunity to make representations to F31NHS England within a reasonable period for the purposes of the reconsideration.
3
F31NHS England may charge a person a reasonable fee in respect of the cost of complying with a request made by that person under section 255.
4
Before making a request under section 255 a person must consult F31NHS England.
5
F31NHS England must publish details of—
a
any mandatory request, and
b
any other request under section 255 with which F31NHS England is obliged, or decides, to comply.
I10C1C3258C1Information systems: supplementary
1
Before establishing an information system pursuant to a direction under section 254 or a request under section 255 F32NHS England must consult—
a
the person who gave the direction or made the request,
b
representatives of other persons who F32NHS England considers are likely to use the information to which the direction or request relates,
c
representatives of persons from whom any information will be collected, and
d
such other persons as F32NHS England considers appropriate.
2
I11259C1Powers to require and request provision of information
1
F34NHS England may—
a
b
request any other person to provide it with such information.
2
Those persons are—
a
a health or social care body;
b
any person (other than a public body) who provides health services, or adult social care in England, pursuant to arrangements made with a public body exercising functions in connection with the provision of such services or care.
3
But F35NHS England may not impose a requirement under subsection (1)(a) for the purpose of complying with a confidential collection request falling within section 256(2)(c).
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F35NHS England must publish a procedure for notifying persons of requirements imposed, and requests made, under this section.
9
In imposing requirements under this section F35NHS England must co-operate with any other person who is authorised to require the provision of information by a person mentioned in subsection (2).
10
The provision of information under this section—
a
does not breach any obligation of confidence owed by the person providing it, but
b
is subject to any express restriction on disclosure imposed by or under another Act (other than any restriction which allows disclosure if authorised by or under an Act).
11
In this Chapter “health or social care body” means a public body which exercises functions in connection with the provision of health services or of adult social care in England.
I12260C1I3Publication of information
1
F9NHS England must publish all information which it obtains by complying with a direction under section 254 or a request under section 255 unless the information falls within subsection (2); and, subject to subsection (3), if the information falls within that subsection, F9NHS England must not publish it.
2
Information falls within this subsection if—
a
the information is in a form which identifies any relevant person to whom the information relates or enables the identity of such a relevant person to be ascertained and F10NHS England, after taking into account the public interest as well as the interests of the relevant person, considers that it is not appropriate for the information to be published,
b
the information is in a form which identifies any individual to whom the information relates who is not a relevant person or enables the identity of such an individual to be ascertained,
c
F10NHS England considers that—
i
the information fails to meet the information standards published under section 250 (so far as they are applicable), and
ii
it would not be in the public interest to publish the information, or
3
A direction under section 254 may provide that the obligation to publish imposed by subsection (1) applies to information falling within subsection (2)(a) which is obtained by complying with the direction.
4
Where F12NHS England publishes information which it obtains by complying with F13... a mandatory request under section 255, F12NHS England—
a
must comply with the requirements (if any) specified in the F14... mandatory request as to the form, manner and timing of publication of the information, and
b
may publish the information in such other form and such other manner, and at such other times, as it considers appropriate.
5
Where F15NHS England publishes information which it obtains by complying with a request under section 255 other than a mandatory request, F15NHS England—
a
may act in accordance with such provision (if any) as may be included in the request as to the form, manner and timing of publication of the information, and
b
may publish the information in such other form and such other manner, and at such other times, as it considers appropriate.
6
In considering the appropriate form, manner and timing of publication of information under this section, F16NHS England must have regard to—
a
the need for the information to be easily accessible,
b
the persons who F16NHS England considers likely to use the information, and
c
the uses to which F16NHS England considers the information is likely to be put.
7
In this Chapter “relevant person” means—
a
any person who provides health care or adult social care, or
b
any body corporate not falling within paragraph (a).
I13261C1I4Other dissemination of information
1
F37NHS England may disseminate (other than by way of publication), to any such persons and in such form and manner and at such times, as it considers appropriate, any information—
a
which it obtains by complying with a direction under section 254 or a request under section 255, and
b
which falls within subsection (2).
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But F41NHS England may do so only if it considers that disseminating the information would be for F5purposes connected with—
a
the provision of health care or adult social care, or
b
the promotion of health.
2
Information falls within this subsection if—
a
the information is required to be published under section 260;
b
the information is in a form which identifies any relevant person to whom the information relates or enables the identity of such a relevant person to be ascertained and—
i
the relevant person has consented to the dissemination, or
ii
F41NHS England, after taking into account the public interest as well as the interests of the relevant person, considers that it is appropriate for the information to be disseminated;
c
the information is in a form which identifies any individual to whom the information relates who is not a relevant person or enables the identity of such an individual to be ascertained and the individual has consented to the dissemination;
d
e
F41NHS England is prohibited from publishing the information only by virtue of a direction given under section 260(2)(d) and that direction provides that the power in subsection (1) applies to the information.
3
4
F38NHS England may also disseminate, in such form and manner and at such times as it considers appropriate, any information which it collects pursuant to a direction under section 254 or a request under section 255 (whether or not it falls within subsection (2)) to any person to whom the information could have been lawfully disclosed by the person from whom F38NHS England collected the information.
5
F39NHS England may also disclose information which it obtains by complying with a direction under section 254 or a request under section 255 (whether or not it falls within subsection (2)) if—
a
the information has previously been lawfully disclosed to the public,
b
the disclosure is made in accordance with any court order,
c
the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,
d
the disclosure is made to any person in circumstances where it is necessary or expedient for the person to have the information for the purpose of exercising functions of that person conferred under or by virtue of any provision of this or any other Act,
e
the disclosure is made in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or
f
the disclosure is made for the purpose of criminal proceedings (whether or not in the United Kingdom).
6
Paragraphs (a), (b) and (f) of subsection (5) have effect notwithstanding any rule of common law which would otherwise prohibit or restrict the disclosure.
7
Nothing in this section or section 262 prevents F40NHS England from disseminating information (otherwise than by publishing it) under or by virtue of any other provision of this or any other Act.
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For the purposes of this section, the provision by NHS England of information which it has obtained by complying with a direction under section 254 to the Secretary of State is to be treated as dissemination by NHS England of that information to the Secretary of State.
9
For the purposes of this section and section 262, the provision by NHS England of information which it has obtained by complying with a request under section 255 to the person who made the request is to be treated as dissemination by NHS England of that information to that person.
I14262C1I5Other dissemination: directions and requests under sections 254 and 255
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A request under section 255 may request F42NHS England to exercise—
a
the power conferred by section 261(1) or (4) in relation to information which it obtains by complying with the request, or
b
any other power it has to disseminate such information under or by virtue of any other provision of this or any other Act.
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Section 255(3) does not apply in relation to anything included in a mandatory request by virtue of subsection (4) or (5).
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A request made to NHS England in accordance with this section to disseminate information may include a request about the persons to whom the information is to be disseminated and the form, manner and timing of dissemination.
262AC1F2Publication and other dissemination: supplementary
In exercising any function F48... of publishing or otherwise disseminating information F49obtained in connection with the exercise of its relevant data functions, NHS England must have regard to any advice given to it by the committee appointed by the Health Research Authority under paragraph 8(1) of Schedule 7 to the Care Act 2014 (committee to advise in connection with information dissemination etc).
I15263C1Code of practice on confidential information
1
F51NHS England must prepare and publish a code in respect of the practice to be followed in relation to the collection, analysis, publication and other dissemination of confidential information concerning, or connected with, the provision of health services or of adult social care in England.
2
For the purposes of this section “confidential information” is—
a
information which is in a form which identifies any individual to whom the information relates or enables the identity of such an individual to be ascertained, or
b
any other information in respect of which the person who holds it owes an obligation of confidence.
3
Before publishing the code, F52NHS England must consult—
a
the Secretary of State, F53and
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c
such other persons as F55NHS England considers appropriate.
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NHS England must not publish the code without the approval of the Secretary of State.
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F57NHS England must keep the code under review and may revise it as it considers appropriate (and a reference in this section to the code includes a reference to any revised code).
6
A health or social care body must have regard to the code in exercising functions in connection with the provision of health services or of adult social care in England.
7
A person, other than a public body, who provides health services, or adult social care in England, pursuant to arrangements made with a public body exercising functions in connection with the provision of such services or care must, in providing those services or that care, have regard to the code.
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I16264C1Information Register
F58NHS England must maintain and publish a register containing descriptions of the information which has been obtained by virtue of this Chapter.
I17265C1Advice or guidance
1
F59NHS England—
a
may give advice or guidance to any person mentioned in subsection (2) on any matter relating to the collection, analysis, publication or other dissemination of information, and
2
Those persons are—
a
the Secretary of State,
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c
any person who makes, or is proposing to make, a request under section 255,
d
any health or social care body, and
e
any person (including a devolved authority) who collects, or is proposing to collect, information which relates to the provision of health care or adult social care.
3
The Secretary of State must, at least once in any review period, exercise the power under subsection (1)(b) by requesting F63NHS England to give the Secretary of State advice about ways in which the burdens relating to the collection of information imposed on health or social care bodies and other persons may be minimised.
4
For the purposes of subsection (3) a review period is—
a
the period of 3 years beginning with the day on which this section comes into force, and
b
each subsequent period of 3 years.
5
A health or social care body to whom advice or guidance is given under this section must have regard to the advice or guidance in exercising functions in connection with the provision of health services or of adult social care in England.
6
A person, other than a public body, who provides health services, or adult social care in England, pursuant to arrangements made with a public body exercising functions in connection with the provision of such services or care must, in providing those services or that care, have regard to any advice or guidance given to the person under this section.
Pt. 9 Ch. 2 heading 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. 17(2) (with reg. 3)