- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/07/2022)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/02/2023
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National Health Service Act 2006, Section 264B is up to date with all changes known to be in force on or before 06 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Information provided by virtue of section 264A may be disclosed by the Secretary of State to any of the following persons—
(a)[F2NHS England];
(b)any Special Health Authority;
(c)the Health and Social Care Information Centre;
(d)any government department;
(e)the Welsh Ministers;
(f)the Scottish Ministers;
(g)the Common Services Agency for the Scottish Health Service constituted under section 10 of the 1978 Act;
(h)a Northern Ireland department;
(i)the Regional Business Services Organisation established under section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009;
(j)any person who provides services to any person falling within any of paragraphs (a) to (i);
(k)any prescribed body appearing to the Secretary of State to represent UK producers;
(l)such of the following as may be prescribed—
(i)an NHS foundation trust;
(ii)any health service body within the meaning of section 9(4) (not falling within any of paragraphs (a) to (k) above).
(2)A person to whom any confidential or commercially sensitive information is disclosed under subsection (1) may not—
(a)use the information for any purpose other than the purpose specified in relation to that person in subsection (3), or
(b)disclose the information to another person (subject to subsection (4)).
(3)For the purposes of subsection (2)—
(a)in relation to a person falling within subsection (1)(a) to (c), the purpose is that of exercising functions connected with any of the matters specified in section 264A(3)(a) to (c), (l) or (m);
(b)in relation to a person falling within subsection (1)(d), the purpose is that of—
(i)exercising functions connected with any of the matters specified in section 264A(3)(a) to (c), (l) or (m), or
(ii)preventing, detecting or investigating any unlawful activities;
(c)in relation to a person falling within subsection (1)(e), the purpose is that of exercising functions connected with any of the matters specified in section 264A(3)(d) to (f), (l) or (m);
(d)in relation to a person falling within subsection (1)(f) or (g), the purpose is that of exercising functions connected with any of the matters specified in section 264A(3)(g) to (i), (l) or (m);
(e)in relation to a person falling within subsection (1)(h) or (i), the purpose is that of exercising functions connected with any of the matters specified in section 264A(3)(j) to (m);
(f)in relation to a person falling within subsection (1)(j), the purpose is that of providing services in connection with any purpose specified in relation to the person for whom the services are provided in any of paragraphs (a) to (e) above;
(g)in relation to a person falling within subsection (1)(k) or (l), the purpose is any prescribed purpose connected with any of the matters specified in section 264A(3).
(4)The Welsh Ministers may disclose any confidential or commercially sensitive information disclosed to them under subsection (1) to any of the following persons—
(a)a Local Health Board or other person appointed under section 88(3)(b) of the National Health Service (Wales) Act 2006 to exercise the functions of a determining authority under Part 7 of that Act;
(b)a National Health Service trust established under section 18 of the National Health Service (Wales) Act 2006;
(c)any person who provides services to the Welsh Ministers or to any person falling within paragraph (a) or (b).
(5)A person to whom any confidential or commercially sensitive information is disclosed under subsection (4) may not—
(a)use the information for any purpose other than the purpose of exercising functions connected with any of the matters specified in section 264A(3)(d) to (f), (l) or (m), or
(b)disclose the information to another person.]
Textual Amendments
F1Ss. 264A-264C inserted (7.8.2017) by Health Service Medical Supplies (Costs) Act 2017 (c. 23), ss. 8, 12(3); S.I. 2017/809, reg. 2(g)
F2Words in Act substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
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