Health and Social Care Act 2012

259 Powers to require and request provision of information E+W

(1) [F1 NHS England] may—

(a) require any person mentioned in subsection (2) to provide it with any information which [F2 NHS England] considers it necessary or expedient for [F2 NHS England] to have for the purposes of any function it exercises by virtue of this Chapter, and

(b) request any other person to provide it with such information.

(2) Those persons are—

(a) a health or social care body;

(b) any person (other than a public body) who provides health services, or adult social care in England, pursuant to arrangements made with a public body exercising functions in connection with the provision of such services or care.

(3) But [F3 NHS England] may not impose a requirement under subsection (1)(a) for the purpose of complying with a confidential collection request falling within section 256(2)(c).

(4) In such a case, [F3 NHS England] may, however, request any person mentioned in subsection (2) to provide it with any information which [F3 NHS England] considers it necessary or expedient for [F3 NHS England] to have for the purpose of complying with the request.

(5) A requirement under subsection (1)(a) must be complied with by providing the information to [F3 NHS England] in such form and manner, and within such period, as [F3 NHS England] may specify.

(6) If [F3 NHS England] considers it appropriate to do so, [F3 NHS England] may make a payment to any person who has provided information to [F3 NHS England] pursuant to a request made under subsection (1)(b) in respect of the costs to that person of doing so.

(7) If [F3 NHS England] considers it appropriate to do so, [F3 NHS England] may make a payment to any person mentioned in subsection (2)(b) who has provided information to [F3 NHS England] pursuant to a request made under subsection (4) in respect of the costs to that person of doing so.

(8) [F3 NHS England] must publish a procedure for notifying persons of requirements imposed, and requests made, under this section.

(9) In imposing requirements under this section [F3 NHS England] must co-operate with any other person who is authorised to require the provision of information by a person mentioned in subsection (2).

(10) The provision of information under this section—

(a) does not breach any obligation of confidence owed by the person providing it, but

(b) is subject to any express restriction on disclosure imposed by or under another Act (other than any restriction which allows disclosure if authorised by or under an Act).

(11) In this Chapter “health or social care body” means a public body which exercises functions in connection with the provision of health services or of adult social care in England.

Textual Amendments

F1 Words in s. 259(1) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(11)(a)(i) (with reg. 3)

F2 Words in s. 259(1)(a) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(11)(a)(ii) (with reg. 3)

F3 Words in s. 259(3)-(9) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(11)(b) (with reg. 3)

Modifications etc. (not altering text)

C1 Pt. 9 Ch. 2: power to amend conferred (1.7.2022) by 2021 c. 3, s 43(3) (as inserted by Health and Care Act 2022 (c. 31), ss. 101(5)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30))

Commencement Information

I1 S. 259 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)