The Statistics and Registration Service Act 2007 (Disclosure of Patient Registration Information) Regulations (Northern Ireland) 2015

Statutory Rules of Northern Ireland

2015 No. 208

Official Statistics

The Statistics and Registration Service Act 2007 (Disclosure of Patient Registration Information) Regulations (Northern Ireland) 2015

Made

16 March 2015

Affirmed by resolution of the Assembly on

18th May 2015

Coming into force in accordance with regulation 1

The Department of Finance and Personnel makes these Regulations in exercise of the powers conferred by section 49(1) and (2), (5)(b) and (6)(b) of the Statistics and Registration Service Act 2007(1).

In accordance with section 49(7) of that Act these Regulations are made with the consent of the Minister for the Cabinet Office.

In accordance with section 49(8) of that Act the Department of Finance and Personnel and the Minister for the Cabinet Office are satisfied that the disclosure authorised by these Regulations is required by the Statistics Board (2) to enable it to carry out the functions in relation to which the disclosure is authorised, and is in the public interest.

Citation and commencement

1.  These Regulations may be cited as the Statistics and Registration Service Act 2007 (Disclosure of Patient Registration Information) Regulations (Northern Ireland) 2015 and shall come into operation on the day after the day on which they are affirmed by a resolution of the Assembly.

Interpretation

2.—(1) The Interpretation Act (Northern Ireland) 1954 (3) shall apply to these Regulations as it applies to an Act of the Assembly.

(2) In these Regulations —

“the 2007 Act” means the Statistics and Registration Service Act 2007;

“the 2009 Act” means the Health and Social Care (Reform) Act (Northern Ireland) 2009(4)

“health care” has the meaning assigned to it by section 2(5) of the 2009 Act;

“health and social care bodies” means —

(a)

the Regional Health and Social Care Board, established under section 7 of the 2009 Act;

(b)

the Regional Agency for Public Health and Social Well-being, established under section 12 of the 2009 Act;

(c)

the Regional Business Services Organisation, established under section 14 of the 2009 Act;

(d)

Health and Social Care Trusts(5), established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991(6);

(e)

special health and social care agencies(7), established under article 3 of the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990(8);and

(f)

any other Northern Ireland public authority providing health care or social care;

“patient” means a person to whom health and social care is, has been, or may be, provided;

“patient registration information” means information about the persons who are or have been registered in any place in Northern Ireland as persons to whom health and social care is or may be provided;

“patient identification number” means the number which is assigned to a patient by the Regional Business Services Organisation and is for health and social care record management purposes; and

“social care” has the meaning assigned to it by section 2(5) of the 2009 Act.

Disclosure of individual patient information

3.—(1) Subject to the provisions of these Regulations, the Department of Health, Social Services and Public Safety or any of the health and social care bodies may, for the purpose set out in paragraph (2), disclose to the Board the patient registration information set out in regulation 4.

(2) The purpose mentioned in paragraph (1) is to enable the Board to carry out its functions in connection with—

(a) the production of population statistics under section 20 (production of statistics) of the 2007 Act; and

(b) the assessment of census returns under the Census Act (Northern Ireland) 1969(9).

4.—(1) The information referred to in regulation 3 is a patient’s—

(a) surname, and any former surnames;

(b) first name;

(c) middle name, or if more than one , each middle name;

(d) address and postcode and any previous address and postcode;

(e) date of birth;

(f) gender;

(g) date of death (if applicable);

(h) patient identification number;

(i) history of registration as a patient including the date on which the patient last received health care or social care; and

(j) country of residence prior to being registered as a person to whom health and social care is, or may be, provided.

(2) The information disclosed under this regulation may not include any information about the health or condition of, or the care or treatment provided to, any patient.

Further disclosure of personal information by the Statistics Board

5.—(1) In the application of section 39 (confidentiality of personal information) of the 2007 Act to personal information which is disclosed to the Board under regulations 3 and 4, subsection (4)(c) of that section applies to the extent that the Board may disclose such personal information to the Northern Ireland Statistics and Research Agency(10).

(2) Information shall only be disclosed under paragraph (1) for the purpose of enabling or assisting the Board in—

(a) the production of population statistics under section 20 (production of statistics) of the 2007 Act; and

(b) the assessment of census returns under the Census Act (Northern Ireland) 1969(11).

Sealed with the Official Seal of the Department of Finance and Personnel on 16th March 2015

David Marshall

A senior officer

Department of Finance and Personnel

16th March 2015

Francis Maude

Minister for the

Cabinet Office

23rd March 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide that the Department of Health, Social Services and Public Safety and any other health and social care body may disclose to the Statistics Board patient registration information for the purpose of enabling the Statistics Board to carry out its functions in connection with the production of population statistics.

Regulation 1 describes when the regulations come into operation.

Regulation 2 lists the interpretations of certain terms used in the regulations.

Regulation 3 and 4 permit the disclosure of patient registration information to the Statistics Board.

Regulation 5 authorises the Statistics Board to disclose such information to the Northern Ireland Statistics and Research Agency for the purpose of assisting the Statistics Board to produce population statistics.

A regulatory impact assessment has not been prepared for these Regulations as no impact on the private or voluntary sectors is foreseen.

(1)

2007 c. 18

(2)

The Statistics Board is established under section 1 of the Statistics and Registration Service Act 2007 (c.18).

(3)

1954 c. 33 (N.I.).

(4)

2009 c. 1 (N.I.).

(5)

Formerly Health and Social Services Trusts; renamed Health and Social Care Trusts by section 1(3) of the Health and Social Care (Reform) Act (Northern Ireland) 2009.

(6)

S.I. 1991/194(N.I.1).

(7)

Formerly special health and social services agencies; renamed health and social care agencies by section 1(4) of the Health and Social Care (Reform) Act (Northern Ireland) 2009.

(8)

S.I. 1990/247 (N.I.3)

(9)

1969 c. 8. (N.I.)

(10)

The Northern Ireland Statistics and Research Agency is an Executive Agency within the Department of Finance and Personnel.

(11)

1969 c.8. (N.I.)