Access to Health Records Act 1990

11 Interpretation. E+W+S

In this Act—

• “application” means an application in writing and “apply” shall be construed accordingly;

• “care” includes examination, investigation, diagnosis and treatment;

• “child” means an individual who has not attained the age of 16 years;

• “general practitioner” means a medical practitioner who is [—

  (a)

  F1 providing general medical services in accordance with arrangements made under section 29 of the M1 National Health Service Act 1977 or section 19 of the M2 National Health Service (Scotland) Act 1978; or

  (b)

  performing personal medical services in accordance with arrangements made under section 28C of the 1977 Act or section 17C of the 1978 Act]

• [F2 “Health Authority” means a Health Authority established under section 8 of the National Health Service Act 1977;]

• “Health Board” has the same meaning as in the National Health Service (Scotland) Act 1978;

• “health service body” means—

[F3 (a) a Health Authority [F4 , Special Health Authority or Primary Care Trust];]

(b) a Health Board;

(c) a State Hospital Management Committee constituted under section 91 of the M3 Mental Health (Scotland) Act 1984; or

(d) a National Health Service trust first established under section 5 of the M4 National Health Service and Community Care Act 1990 or section 12A of the National Health Service (Scotland) Act 1978;

• “information”, in relation to a health record, includes any expression of opinion about the patient;

• “make”, in relation to such a record, includes compile;

• [F5 “parental responsibility”, in the application of this Act—

  (a)

  to England and Wales, has the same meaning as in the M5 Children Act 1989; and

  (b)

  to Scotland, shall be construed as a reference to “parental responsibilities” within the meaning given by section 1(3) of the Children (Scotland) Act 1995.]

• [F6 “Primary Care Trust” means a Primary Care Trust established under section 16A of the National Health Service Act 1977;]

• [F7 “Special Health Authority” means a Special Health Authority established under section 11 of the National Health Service Act 1977.]

Textual Amendments

F1 Words in definition of “general practitioner” in s. 11 substituted for sub paras. (a)(b) and “-” immediately preceding them (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 66(3); S.I. 1998/631, art. 2(1)(b), Sch. 2

F2 Definition 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)

F3 Para. (a) in definition of “a Health Authority” 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)

F4 Words 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)

F5 Definition of “parental responsibility” substituted (1.11.1996 subject to arts. 4, 7 of the commencing Act) by 1995 c. 36, s. 105(4), Sch. 4 para. 50(1)(5) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

F6 Definition of “Primary Care Trust” in s. 11 inserted (E.W.) (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 25(b)

F7 Definition 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)

Marginal Citations

M1 1977 c. 49.

M2 1978 c. 29.

M3 1984 c. 36.

M4 1990 c. 19.

M5 1989 c.41.