xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

SupplementalE+W+S

8 Applications to the court.E+W+S

(1)Subject to subsection (2) below, where the court is satisfied, on an application made by the person concerned within such period as may be prescribed by rules of court, that the holder of a health record has failed to comply with any requirement of this Act, the court may order the holder to comply with that requirement.

(2)The court shall not entertain an application under subsection (1) above unless it is satisfied that the applicant has taken all such steps to secure compliance with the requirement as may be prescribed by regulations made by the Secretary of State.

(3)For the purposes of subsection (2) above, the Secretary of State may by regulations require the holders of health records to make such arrangements for dealing with complaints that they have failed to comply with any requirements of this Act as may be prescribed by the regulations.

(4)For the purpose of determining any question whether an applicant is entitled to be given access under section 3(2) above to any health record, or any part of a health record, the court—

(a)may require the record or part to be made available for its own inspection; but

(b)shall not, pending determination of that question in the applicant’s favour, require the record or part to be disclosed to him or his representatives whether by discovery (or, in Scotland, recovery) or otherwise.

(5)The jurisdiction conferred by this section shall be exercisable by the High Court or a county court or, in Scotland, by the Court of Session or the sheriff.

9 Avoidance of certain contractual terms.E+W+S

Any term or condition of a contract shall be void in so far as it purports to require an individual to supply any other person with a copy of a health record, or of an extract from a health record, to which he has been given access under section 3(2) above.

10 Regulations and orders.E+W+S

(1)Regulations under this Act may make different provision for different cases or classes of cases including, in particular, different provision for different health records or classes of health records.

(2)Any power to make regulations F1. . . under this Act shall be exercisable by statutory instrument.

(3)Any statutory instrument containing regulations under this Act or an order under section 2(3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

11 Interpretation.E+W+S

In this Act—

Textual Amendments

F2Definitions of “child” and “parental responsibility” repealed (1.3.2000) by 1998 c. 29, s. 74(2) Sch. 16 Pt. I; S.I. 2000/183, art. 2(1)

F5S. 11: definition of "general practitioner" repealed (E.W.) (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 184, 196, 199, Sch. 11 para. 57(5)(b), Sch. 14 Pt. 4; S.I. 2004/288, arts. {5(1)(2)(v)}, {6(2)(j)} (as amended by S.I. 2004/866, art. 2); S.I. 2004/480, arts. {4(2)(z)}, {5(2)(j)} (as amended by S.I. 2004/1019, art. 2); and omitted (S.) (1.4.2004) by virtue of The Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004 (S.S.I. 2004/167), art. 2, Sch. para. 3(5)(b)

F6Definition of “Health Authority” inserted (28.6.1995) by 1995 c. 17, s. 2(1), Sch. 1 Pt. III para. 119(4)(a) (with Sch. 2 paras. 6, 16)

F7Para. (a) in definition of “health service body” substituted (28.6.1995) by 1995 c. 17, s. 2(1), Sch. 1 Pt. III para. 119(4)(b) (with Sch. 2 paras. 6, 16)

F8S. 11: words in para. (a) of definition of “health service body” substituted (1.10.2002) by S.I. 2002/2469, reg. 4, Sch. 1 Pt. 1 para. 17(a)

F9Words in the definition of “health service body” in s. 11 substituted (E.W.) (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 25(a)

F11S. 11: definition of "health service body" para. (e) inserted (E.W.) (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199, Sch. 4 para. 88; S.I. 2004/759, art. 2

F12Definition of “Primary Care Trust” inserted (E.W.) (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 25(b)

F13Definition of “Special Health Authority” inserted (28.6.1995) by 1995 c. 17, s. 2(1), Sch. 1 Pt. III para. 119(4)(c) (with Sch. 2, paras. 6, 16)

F14S. 11: definition of “Strategic Health Authority” inserted (1.10.2002) by S.I. 2002/2469, reg. 4, Sch. 1 Pt. 1 para. 17(b)

Marginal Citations

12 Short title, commencement, and extent.E+W+S

(1)This Act may be cited as the Access to Health Records Act 1990.

(2)This Act shall come into force on 1st November 1991.

(3)This Act does not extend to Northern Ireland.