Health and Social Care (Community Health and Standards) Act 2003

138 Information obtained by CHAI: supplementary E+W

(1) The CHAI may, subject to section 136, use any information it obtains, or documents or records produced to it, in the course of exercising any of its functions for the purposes of any of its other functions.

(2) Where subsection (3) applies, the CHAI may disclose any information obtained by it notwithstanding any rule of common law which would otherwise prohibit or restrict the disclosure.

(3) This subsection applies where—

(a) in the case of information relating to an individual, the circumstances in paragraph (a) or (b) of subsection (2) of section 137 apply in relation to the disclosure;

(b) in any case, the circumstances in any of paragraphs (c) to (g) of that subsection apply in relation to the disclosure; or

(c) in any case, the disclosure is made as specified in paragraph (a), (b) or (c) of subsection (3) of that section.

(4) Subsection (4) of section 137 applies for the purposes of subsection (3)(a) above.

Commencement Information

I1 S. 138 in force at 1.4.2004 by S.I. 2004/759, art. 3(1)