Statistics and Registration Service Act 2007

Information sharing U.K.

42 Information relating to births and deaths etc U.K.

(1) The Registrar General for England and Wales may, for the purpose of the exercise by the Board of any function, disclose to the Board any information to which this section applies.

(2) This section applies to—

(a) any information entered in any register kept under the Births and Deaths Registration Act 1953 (c. 20);

(b) any other information received by the Registrar General in relation to any birth or death;

(c) any information entered in the Adopted Children Register maintained by the Registrar General under section 77 of the Adoption and Children Act 2002 (c. 38);

(d) any information entered in any marriage register book kept under Part 4 of the Marriage Act 1949 (c. 76);

(e) any information relating to a civil partnership which is recorded under the Civil Partnership Act 2004 (c. 33) at the time of the formation of the civil partnership.

[F1 (f) any other information received by the Registrar General in relation to any marriage or civil partnership.]

(3) In subsection (2)(b) “birth” has the same meaning as in the Births and Deaths Registration Act 1953.

[F2 (4) The Board may disclose to a person mentioned in subsection (4A) any information referred to in subsection (2)(a) to (c) which is received by the Board under this section, or any information which is produced by the Board by analysing any such information, if—

(a) the information consists of statistics and is disclosed for the purpose of assisting the person in the performance of functions exercisable by it in relation to the health service, or

(b) the information is disclosed for the purpose of assisting the person to produce or to analyse statistics for the purpose of assisting the person, or any other person mentioned in subsection (4A), in the performance of functions exercisable by it in relation to the health service.

(4A) Those persons are—

(a) the Secretary of State,

(b) the Welsh Ministers,

(c) the National Health Service Commissioning Board,

(d) a clinical commissioning group,

(e) a local authority,

(f) a Local Health Board,

(g) an NHS trust established under section 18 of the National Health Service (Wales) Act 2006,

(h) the National Institute for Health and Care Excellence,

(i) the Health and Social Care Information Centre,

(j) a Special Health Authority,

(k) the Care Quality Commission, and

(l) such other persons as the appropriate authority may specify in a direction given for the purposes of this section.

(4B) For the purposes of subsection (4A)(l), the appropriate authority is—

(a) in relation to a direction to be given for purposes relating only to Wales, the Welsh Ministers, and

(b) in any other case, the Secretary of State.]

(5) Any information disclosed under subsection (4) may be disclosed in such form as the Board considers appropriate for the purpose specified in that subsection.

[F3 (5A) A direction under subsection (4A)(l) must be given by an instrument in writing.

(5B) Sections 272(7) and 273(1) of the National Health Service Act 2006 apply in relation to the power of the Secretary of State to give a direction under subsection (4A)(l) as they apply in relation to powers to give a direction under that Act.

(5C) Sections 203(9) and 204(1) of the National Health Service (Wales) Act 2006 apply in relation to the power of the Welsh Ministers to give a direction under subsection (4A)(l) as they apply in relation to powers to give a direction under that Act.]

(6) In subsection (4) “health service” has the same meaning as in the National Health Service Act 2006 (c. 41).

[F4 (7) In subsection (4A)—

• “ clinical commissioning group ” and “ Special Health Authority ” have the same meaning as in the National Health Service Act 2006;

• “ local authority ” has the same meaning as in section 2B of that Act of 2006. ]

Textual Amendments

F1 S. 42(2)(f) inserted (E.W.) (13.3.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), art. 1(2), Sch. 1 para. 33

F2 S. 42(4)-(4B) substituted for s. 42(4) (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 287(2), 306(1)(d), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F3 S. 42(5A)-(5C) inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 287(3), 306(1)(d), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F4 S. 42(7) inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 287(4), 306(1)(d), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Commencement Information

I1 S. 42 in force at 1.4.2008 by S.I. 2008/839, art. 2

43 Information relating to NHS registration U.K.

(1) The Secretary of State or other public authority may, subject to this section, disclose patient registration information to the Board.

(2) In subsection (1) “patient registration information” means information about the persons who are or have been registered in any place in England or Wales as persons to whom primary medical services are or may be provided.

(3) That information includes in particular, in relation to any person who is or has been registered as such a person—

(a) their address and any previous address,

(b) their date of birth and sex,

(c) their patient identification number, and

(d) their history of registration as such a person (including reasons for any periods of non-registration or for any cancellation of registration).

(4) The information disclosed under this section may not include any information about the health or condition of, or the care or treatment provided to, any person.

(5) Information disclosed under this section may only be used by the Board for the production of population statistics.

(6) In the application of section 39 to the disclosure by a member, employee or committee member of the Board of information received by the Board under this section, paragraphs (c) and (i) of subsection (4) of that section only have effect if the disclosure is made with the consent of the Secretary of State.

(7) In subsection (2) “primary medical services” means services which are primary medical services for the purposes of the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 (c. 42).

Commencement Information

I2 S. 43 in force at 1.4.2008 by S.I. 2008/839, art. 2

44 Information relating to NHS registration: Wales U.K.

(1) The Welsh Ministers may, subject to this section, disclose patient registration information to the Board.

(2) In subsection (1) “patient registration information” means information about the persons who are or have been registered in any place in Wales as persons to whom primary medical services are or may be provided.

(3) That information includes in particular, in relation to any person who is or has been registered as such a person—

(a) their address and any previous address,

(b) their date of birth and sex,

(c) their patient identification number, and

(d) their history of registration as such a person (including reasons for any periods of non-registration or for any cancellation of registration).

(4) Information disclosed under this section may not include any information about the health or condition of, or the care or treatment provided to, any person.

(5) Information disclosed under this section may only be used by the Board for the production of population statistics.

(6) In the application of section 39 to the disclosure by a member, employee or committee member of the Board of information received by the Board under this section, paragraphs (c) and (i) of subsection (4) of that section only have effect if the disclosure is made with the consent of the Welsh Ministers.

(7) In subsection (2) “primary medical services” means services which are primary medical services for the purposes of the National Health Service (Wales) Act 2006 (c. 42).

Commencement Information

I3 S. 44 in force at 1.4.2008 by S.I. 2008/839, art. 2

45 Information held by HMRC U.K.

(1) The Commissioners for Her Majesty's Revenue and Customs or an officer of Revenue and Customs may, subject to this section, disclose to the Board any information held by the Revenue and Customs in connection with any function of the Revenue and Customs.

(2) Information may only be disclosed under subsection (1) if the Commissioners are satisfied that the Board requires it to enable it to exercise one or more of its functions, other than its function under section 22 (statistical services).

(3) Information disclosed under subsection (1) may only be used by the Board for the purposes of any one or more of its functions, other than its function under section 22.

(4) Information disclosed under subsection (1) may not be disclosed by the Board to any person except with the consent of the Commissioners.

(5) Subsection (1) does not authorise the disclosure of personal information, other than personal information relating to the import or export of goods to or from the United Kingdom.

(6) In subsection (1) the references to “the Revenue and Customs” are to either or both of—

(a) the Commissioners;

(b) officers of Revenue and Customs.

Commencement Information

I4 S. 45 in force at 1.4.2008 by S.I. 2008/839, art. 2

46 Information sharing: supplementary amendments U.K.

Schedule 2 (which makes further provision relating to the disclosure of information to or by the Board) has effect.

Commencement Information

I5 S. 46 in force at 1.4.2008 by S.I. 2008/839, art. 2