Access to Health Records Act 1990

1 “Health record” and related expressions. S

(1) In this Act “health record” means a record which—

(a) consists of information relating to the physical or mental health of an individual who can be identified from that information, or from that and other information in the possession of the holder of the record; and

(b) has been made by or on behalf of a health professional in connection with the care of that individual;

F1 . . ..

(2) In this Act “holder”, in relation to a health record, means—

[F2 (a) in the case of a record made by a health professional performing primary medical services under a general medical services contract made with a Health Board, the person who entered into the contract with the Board;

(aa) in the case of a record made by a health professional performing such services in accordance with arrangements under section 17C of the National Health Service (Scotland) Act 1978 with a Health Board, the person who made the arrangements with the Board;]

(b) in the case of a record made by a health professional for purposes connected with the provision of health services by a health service body [F3 (and not falling within paragraph (aa) above)] , the health service body by which or on whose behalf the record is held;

(c) in any other case, the health professional by whom or on whose behalf the record is held.

(3) In this Act “patient”, in relation to a health record, means the individual in connection with whose care the record has been made.

Extent Information

E1 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F1 Words in s. 1(1) repealed (1.3.2000) by 1998 c. 29, s. 74(2), Sch. 16 Pt. I; S.I 2000/183, art. 2(1)

F2 S. 1(2)(a)(aa) substituted (S.) (1.4.2004) for s.1(2)(a) by The Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004 (S.S.I. 2004/167), art. 2, Sch. para. 3(2)

F3 Words in s. 1(2)(b) inserted (S.) (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004 (S.S.I. 2004/167), art. 2, Sch. para. 3(3)

Modifications etc. (not altering text)

C1 S. 1(2)(a) modified (S.) (1.4.2004) by The General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004 (S.S.I. 2004/163), art. 96(2)(b)