Health and Social Care Act 2008

64 Power to require documents and information etc. E+W

(1) The Commission may require any person mentioned in subsection (2) to provide it with any information, documents, records (including personal and medical records) or other items which the Commission considers it necessary or expedient to have for the purposes of any of its regulatory functions.

(2) The persons are—

(a) an English NHS body,

(b) a person providing health care commissioned by [F1 —

(i) the National Health Service Commissioning Board,

(ii) a clinical commissioning group, or

(iii)] F2 ...

(c) an English local authority,

(d) a person providing adult social services commissioned by an English local authority, F3 ...

(e) a person who carries on or manages a regulated activity [F4 , or

(f) the Health and Social Care Information Centre.]

(3) The power in subsection (1) to require the provision of information, documents or records includes, in relation to information, documents or records kept by means of a computer, power to require the provision of the information, documents or records in legible form.

(4) A person who without reasonable excuse fails to comply with a requirement imposed under this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Textual Amendments

F1 Words in s. 64(2)(b) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 162(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F2 Words in s. 64(2)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7) , s. 306(4), Sch. 5 para. 162(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F3 Word in s. 64(2) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7) , s. 306(4), Sch. 19 para. 11(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F4 S. 64(2)(f) and word inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 19 para. 11(b) ; S.I. 2013/160 , art. 2(2) (with arts. 7-9)

Modifications etc. (not altering text)

C1 Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 17(4)(c) (5)(b)

C2 Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 14(4)(c)

Commencement Information

I1 S. 64 in force at 12.1.2009 for specified purposes by S.I. 2008/3168, art. 2

I2 S. 64 in force at 6.4.2010 in so far as not already in force by S.I. 2010/807, art. 2(1), Sch. 1 para. 13 (with Pt. 3)