Textual Amendments
F1Pt. 2 Ch. A1 inserted (27.3.2012 for specified purposes, 1.10.2012 for specified purposes, 1.2.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 23(1), 306(1)(d)(4); S.I. 2012/1831, art. 2(2) (with art. 4); S.I. 2012/2657, art. 2(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F2Words in Act substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
(1)[F2NHS England] may disclose information obtained by it in the exercise of its functions if—
(a)the information has previously been lawfully disclosed to the public,
(b)the disclosure is made under or pursuant to regulations under section 113 or 114 of the Health and Social Care (Community Health and Standards) Act 2003 (complaints about health care or social services),
(c)the disclosure is made in accordance with any enactment or court order,
(d)the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,
(e)the disclosure is made to any person in circumstances where it is necessary or expedient for the person to have the information for the purpose of exercising functions of that person under any enactment,
(f)the disclosure is made for the purpose of facilitating the exercise of any of [F2NHS England’s] functions,
(g)the disclosure is made in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or
(h)the disclosure is made for the purpose of criminal proceedings (whether or not in the United Kingdom).
(2)Paragraphs (a) to (c) and (h) of subsection (1) have effect notwithstanding any rule of common law which would otherwise prohibit or restrict the disclosure.]