- Latest available (Revised)
- Original (As enacted)
Health and Social Care Act 2012, Section 280 is up to date with all changes known to be in force on or before 30 August 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)The National Information Governance Board for Health and Social Care is abolished.
(2)Omit sections 250A to 250D of the National Health Service Act 2006 (which established the Board).
(3)After section 20 of the Health and Social Care Act 2008 insert—
(1)The Commission has the following functions in relation to the processing of relevant information—
(a)to monitor the practice followed by registered persons in relation to such processing, and
(b)to keep the National Health Service Commissioning Board and Monitor informed about the practice being followed by registered persons in relation to such processing.
(2)The Commission must, in exercising those functions, seek to improve the practice followed by registered persons in relation to the processing of relevant information.
(3)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 continued under section 1 of the National Health Service Act 2006,
(c)any other information obtained or generated in the course of the exercise by an English local authority of its adult social services functions, and
(d)any other information obtained or generated in the course of the carrying on by an English local authority of adult placement schemes in connection with which arrangements are made for the provision of personal care.
(4)In subsection (3) “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.
(5)In this section—
“adult placement scheme” and “personal care” each have such meaning as they have from time to time in regulations under section 20;
“processing”, in relation to information, has the same meaning as in the Data Protection Act 1998;
“registered person” means a person registered under this Chapter as a manager or service provider in respect of a regulated activity.”
(4)In section 80(3) of that Act (persons Commission must consult before publishing code of practice on confidential personal information), for paragraph (a) substitute—
“(a)the National Health Service Commissioning Board,”.
(5)In section 252 of the National Health Service Act 2006 (consultation before making regulations on control of patient information), in subsection (1), for “the National Information Governance Board for Health and Social Care” substitute “the Care Quality Commission”; and in consequence of that—
(a)for the title to that section substitute “Consultation with the Care Quality Commission”, and
(b)in section 271(3)(g) of that Act—
(i)for “sections” substitute “section”, and
(ii)omit “and 252 (consultation with National Information Governance Board)”.
(6)The Care Quality Commission must exercise its power under paragraph 6(3) of Schedule 1 to the Health and Social Care Act 2008 so as to appoint a committee, to be known as “the National Information Governance Committee”, until 31 March 2015.
(7)The purpose of the committee is to provide the Care Quality Commission with advice on and assistance with the exercise of its functions relating to the processing of relevant information within the meaning of section 20A of the Health and Social Care Act 2008.
(8)Part 3 of Schedule 20 (which contains consequential amendments and savings) has effect.
Commencement Information
I1S. 280 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: