Textual Amendments
F1Ss. 250A-250D and cross-heading inserted (21.7.2008 for specified purposes, 1.10.2008 for specified purposes, 1.1.2009 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), ss. 157(1), 170; S.I. 2008/2497, art. 7(1)(a)(2)(a)
(1)There is to be a board known as the National Information Governance Board for Health and Social Care.
(2)The functions of the Board are—
(a)to monitor the practice followed by relevant bodies in relation to the processing of relevant information,
(b)to keep the Secretary of State, and such bodies as the Secretary of State may designate by direction, informed about the practice being followed by relevant bodies in relation to the processing of relevant information,
(c)to publish guidance on the practice to be followed in relation to the processing of relevant information,
(d)to advise the Secretary of State on particular matters relating to the processing of relevant information by any person, and
(e)to advise persons who process relevant information on such matters relating to the processing of relevant information by them as the Secretary of State may from time to time designate by direction.
(3)The Board must, in exercising its functions, seek to improve the practice followed by relevant bodies in relation to the processing of relevant information.
(4)In this section “relevant information” means—
(a)patient information,
(b)any other information obtained or generated in the course of the provision of the health service, and
(c)any information obtained or generated in the course of the exercise by a local social services authority in England of its adult social services functions.
(5)In subsection (4) “patient information” means—
(a)information (however recorded) which relates to the physical or mental health or condition of an individual (“P”), to the diagnosis of P's condition or to P's care or treatment, and
(b)information (however recorded) which is to any extent derived, directly or indirectly, from that information,
whether or not the identity of the individual in question is ascertainable from the information.
(6)The Board must provide advice under subsection (2)(d) if requested to do so by the Secretary of State; and may provide advice under subsection (2)(d) or (e) without being requested to do so by the person to whom the advice is to be provided.
(7)A relevant body must have regard to any guidance published under subsection (2)(c) and any advice given to it under subsection (2)(e); and the Secretary of State must have regard to any advice given under subsection (2)(d).
(8)The Board may request any relevant body to provide the Board with specified information for the purpose of enabling the Board to ascertain whether the relevant body has had proper regard to—
(a)guidance given under subsection (2)(c),
(b)advice given under subsection (2)(e), and
(c)any advice given to the relevant body by the Secretary of State.
(9)In this section—
“adult social services functions”, in relation to a local social services authority, means the authority's social services functions (within the meaning of the Local Authority Social Services Act 1970), other than those for which the authority's director of children's services is responsible under section 18 of the Children Act 2004;
“processing”, in relation to information, has the same meaning as in the Data Protection Act 1998;
“relevant body” means—
any body or person engaged in the provision of the health service, including a body or person so engaged under contract, or
any body or person providing social care services;
“social care services” means services provided by a local social services authority in England in the exercise of its adult social services functions.]