Health and Social Care Act 2012

274Powers of Secretary of State or [F1NHS England] to give directionsE+W
This adran has no associated Nodiadau Esboniadol

(1)Regulations may make provision conferring powers on the Secretary of State or [F2NHS England] to give directions—

(a)requiring a health or social care body to exercise such of the Information Centre's functions as may be specified;

(b)requiring the Centre or another health or social care body to exercise such information functions of the Secretary of State or (as the case may be) [F2NHS England] as may be specified;

(c)requiring the Centre to exercise such of the information functions of any health or social care body as may be specified;

(d)requiring the Centre to exercise such systems delivery functions of the Secretary of State or (as the case may be) [F2NHS England] as may be specified.

(2)A function required to be exercised by a direction given by the Secretary of State or [F2NHS England] by virtue of subsection (1) is subject to directions given by the Secretary of State or (as the case may be) [F2NHS England] about the exercise of the function.

(3)A power conferred on the Secretary of State under subsection (1)(a) must provide that a direction may be given in respect of a function of the Information Centre only if the function relates to information which is of a description prescribed in the regulations and—

(a)in respect of which the Secretary of State may give a direction under section 254, or

(b)which the Secretary of State considers is information in respect of which a mandatory request may be made under section 255.

(4)A power conferred on [F2NHS England] under subsection (1)(a) must provide that a direction may be given in respect of a function of the Information Centre only if the function relates to information which is of a description prescribed in the regulations and in respect of which [F2NHS England] may give a direction under section 254.

(5)A power conferred under subsection (1)(a) must provide that a direction must include provision requiring the body in question to provide the Information Centre with the information it needs to comply with the duty under section 264 (duty to publish information register).

(6)A power conferred on the Secretary of State under subsection (1)(d) must provide that a direction may include provision about payments by the Secretary of State to the Information Centre for things done in the exercise of the function in respect of which the direction is given.

(7)A power conferred on [F2NHS England] under subsection (1)(d) must provide that a direction must permit the Information Centre to charge [F2NHS England] a reasonable fee in respect of the cost of complying with the direction.

(8)A power conferred under subsection (1)(d) must provide that the giving of a direction does not prevent the Secretary of State or (as the case may be) [F2NHS England] from exercising the function in respect of which the direction is given.

(9)In this section—

  • “information function” means a function in relation to the collection, analysis, publication or other dissemination of information;

  • [F3“NHS services” means services the provision of which is arranged by NHS England or an integrated care board (including services the provision of which is arranged by it in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006);]

  • “specified” means specified in a direction given under regulations made under subsection (1);

  • “systems delivery function”—

    (a)

    in relation to the Secretary of State, means a function of the Secretary of State which is exercisable in relation to the development or operation of information or communications systems in connection with the provision of health services or of adult social care in England;

    (b)

    in relation to [F2NHS England], means a function of [F2NHS England] which is exercisable in relation to the development or operation of information or communications systems in connection with the provision of NHS services.

Textual Amendments

Commencement Information

I1S. 274 partly in force; s. 274 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I2S. 274 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)