Health and Social Care Act 2012

CHAPTER 2 E+W The Health and Social Care Information Centre

Modifications etc. (not altering text)

C1 Pt. 9 Ch. 2: power to amend conferred (1.7.2022) by 2021 c. 3, s 43(3) (as inserted by Health and Care Act 2022 (c. 31), ss. 101(5)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30))

Establishment and general duties E+W

252 The Health and Social Care Information Centre E+W

(1) There is to be a body corporate known as the Health and Social Care Information Centre (referred to in this Chapter as “the Information Centre”).

(2) Schedule 18 (which makes further provision about the Information Centre) has effect.

Commencement Information

I1 S. 252 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

253 General duties E+W

(1) In exercising its functions the Information Centre must have regard to—

(a) the information standards published by the Secretary of State or [F1 NHS England] under section 250,

(b) such guidance issued by the Secretary of State as the Secretary of State may require,

(c) such guidance issued by [F1 NHS England] as [F1 NHS England] may require,

[F2 (ca) the need to respect and promote the privacy of recipients of health services and of adult social care in England,] F3 ...

[F4 (cb) the need to promote the effective and efficient planning, development and provision of health services and of adult social care in England,]

(d) the need to promote the effective, efficient and economic use of resources in the provision of health services and of adult social care in England [F5 , and

(e) the need to balance the needs mentioned in this subsection against one another, so far as they compete.]

(2) The Information Centre must—

(a) seek to minimise the burdens it imposes on others, and

(b) exercise its functions effectively, efficiently and economically.

[F6 (2A) Subsections (1) and (2) do not apply in relation to the functions of the Information Centre by virtue of the Medicines and Medical Devices Act 2021.]

(3) In this Chapter—

• “adult social care”—

  (a)

  includes all forms of personal care and other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance, but

  (b)

  does not include anything provided by an establishment or agency for which Her Majesty's Chief Inspector of Education, Children's Services and Skills is the registration authority under section 5 of the Care Standards Act 2000;

• “health services” means services which must or may be provided as part of the health service in England.

Textual Amendments

F1 Words in s. 253 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)

F2 S. 253(1)(ca) inserted (15.7.2014) by Care Act 2014 (c. 23), ss. 122(2), 127(1); S.I. 2014/1714, art. 3(2)(d)

F3 Word in s. 253(1)(ca) omitted (1.10.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 97(2)(a), 186(6); S.I. 2022/1003, reg. 2(a)

F4 S. 253(1)(cb) inserted (1.10.2022) by Health and Care Act 2022 (c. 31), ss. 97(2)(b), 186(6); S.I. 2022/1003, reg. 2(a)

F5 S. 253(1)(e) and word inserted (1.10.2022) by Health and Care Act 2022 (c. 31), ss. 97(2)(c), 186(6); S.I. 2022/1003, reg. 2(a)

F6 S. 253(2A) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 101(10), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Commencement Information

I2 S. 253 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Functions: information systems E+W

254 Powers to direct Information Centre to establish information systems E+W

(1) The Secretary of State or [F7 NHS England] may direct the Information Centre to establish and operate a system for the collection or analysis of information of a description specified in the direction.

(2) A direction may be given under subsection (1) by the Secretary of State only if—

(a) the Secretary of State considers that the information which could be obtained by complying with the direction is information which it is necessary or expedient for the Secretary of State to have in relation to the exercise by the Secretary of State of the Secretary of State's functions in connection with the provision of health services or of adult social care in England, or

(b) the Secretary of State otherwise considers it to be in the interests of the health service in England or of the recipients or providers of adult social care in England for the direction to be given.

(3) A direction may be given under subsection (1) by [F7 NHS England] only if [F7 NHS England] considers that the information which could be obtained by complying with the direction is information which it is necessary or expedient for [F7 NHS England] to have in relation to its exercise of functions in connection with the provision of [F8 health services].

F9 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Before giving a direction under subsection (1) the Secretary of State or (as the case may be) [F7 NHS England] must consult the Information Centre.

(6) A function conferred by a direction given by the Secretary of State or [F7 NHS England] under subsection (1) is subject to directions given by the Secretary of State or (as the case may be) [F7 NHS England] about the Information Centre's exercise of the function.

(7) The Information Centre may charge [F7 NHS England] a reasonable fee in respect of the cost of complying with a direction given by [F7 NHS England] under subsection (1).

Textual Amendments

F7 Words in s. 254 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)

F8 Words in s. 254(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 94(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F9 S. 254(4) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 94(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Modifications etc. (not altering text)

C2 S. 254 modified (1.7.2022) by The Health and Care Act 2022 (Commencement No. 2 and Transitional and Saving Provision) Regulations 2022 (S.I. 2022/734), reg. 9 (with regs. 13, 29, 30)

Commencement Information

I3 S. 254 partly in force; s. 254 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I4 S. 254 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)

255 Powers to request Information Centre to establish information systems E+W

(1) Any person (including a devolved authority) may request the Information Centre to establish and operate a system for the collection or analysis of information of a description specified in the request.

(2) A request may be made under subsection (1) by a person only if the person considers that the information which could be obtained by complying with the request is information which it is necessary or expedient for the person to have in relation to the person's exercise of functions, or carrying out of activities, in connection with the provision of health care or adult social care.

(3) The Information Centre must comply with a mandatory request unless the Centre considers that the request relates to information of a description prescribed in regulations.

(4) For the purposes of this Chapter a request under subsection (1) is a mandatory request if—

(a) it is made by a principal body, and

(b) the body considers that the information which could be obtained by complying with the request is information which it is necessary or expedient for the body to have in relation to its discharge of a duty in connection with the provision of health services or of adult social care in England.

(5) The Secretary of State or [F10 NHS England] may direct the Information Centre not to comply with a request specified in the direction which is not a mandatory request.

(6) The Secretary of State or [F10 NHS England] may direct the Information Centre to comply with a request specified in the direction which was made by a person outside England.

(7) Subsection (8) applies where the Information Centre has discretion under this section as to whether to comply with—

(a) a mandatory request, or

(b) other request under subsection (1).

(8) In deciding whether to comply with the request, the Information Centre—

(a) must, in particular, consider whether doing so would interfere to an unreasonable extent with the exercise by the Centre of any of its functions, and

(b) may take into account the extent to which the principal body or other person making the request has had regard to—

(i) the code of practice prepared and published by the Centre under section 263, and

(ii) advice or guidance given by the Centre under section 265.

(9) In this section “principal body” means—

F11 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the Care Quality Commission,

(c) the National Institute for Health and Care Excellence, and

(d) such other persons as may be prescribed in regulations.

(10) In this Chapter “health care” includes all forms of health care whether relating to physical or mental health and also includes procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition.

Textual Amendments

F10 Words in s. 255 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)

F11 S. 255(9)(a) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 95; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Commencement Information

I5 S. 255 partly in force; s. 255 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I6 S. 255 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)

256 Requests for collection under section 255: confidential information E+W

(1) A request under section 255 is a confidential collection request if it is a request for the Information Centre to establish and operate a system for the collection of information which is in a form which—

(a) identifies any individual to whom the information relates who is not an individual who provides health care or adult social care, or

(b) enables the identity of such an individual to be ascertained.

(2) A person may make a confidential collection request under section 255 only if the request—

(a) is a mandatory request,

(b) relates to information which the person making the request (“R”) may require to be disclosed to R or to the Information Centre by the person holding it, or

(c) relates to information which may otherwise be lawfully disclosed to the Information Centre or to R by the person holding it.

Commencement Information

I7 S. 256 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

257 Requests under section 255: supplementary E+W

(1) The Information Centre must publish procedures for—

(a) the making and consideration of requests under section 255, and

(b) the reconsideration by the Centre of a decision not to comply with such a request.

(2) The procedure mentioned in subsection (1)(b) must provide for the person who made the request to have an opportunity to make representations to the Information Centre within a reasonable period for the purposes of the reconsideration.

(3) The Information Centre may charge a person a reasonable fee in respect of the cost of complying with a request made by that person under section 255.

(4) Before making a request under section 255 a person must consult the Information Centre.

(5) The Information Centre must publish details of—

(a) any mandatory request, and

(b) any other request under section 255 with which the Centre is obliged, or decides, to comply.

Commencement Information

I8 S. 257 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

258 Information systems: supplementary E+W

(1) Before establishing an information system pursuant to a direction under section 254 or a request under section 255 the Information Centre must consult—

(a) the person who gave the direction or made the request,

(b) representatives of other persons who the Centre considers are likely to use the information to which the direction or request relates,

(c) representatives of persons from whom any information will be collected, and

(d) such other persons as the Centre considers appropriate.

(2) If the Information Centre reasonably believes that there is no longer a need to retain information which it has obtained by complying with a direction under section 254 or a request under section 255, the Centre may destroy the information.

Modifications etc. (not altering text)

C3 S. 258 modified (1.7.2022) by The Health and Care Act 2022 (Commencement No. 2 and Transitional and Saving Provision) Regulations 2022 (S.I. 2022/734), reg. 9 (with regs. 13, 29, 30)

Commencement Information

I9 S. 258 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

259 Powers to require and request provision of information E+W

(1) The Information Centre may—

(a) require any person mentioned in subsection (2) to provide it with any information which the Centre considers it necessary or expedient for the Centre to have for the purposes of any function it exercises by virtue of this Chapter, and

(b) request any other person to provide it with such information.

(2) Those persons are—

(a) a health or social care body;

(b) any person (other than a public body) who provides health services, or adult social care in England, pursuant to arrangements made with a public body exercising functions in connection with the provision of such services or care.

(3) But the Information Centre may not impose a requirement under subsection (1)(a) for the purpose of complying with a confidential collection request falling within section 256(2)(c).

(4) In such a case, the Information Centre may, however, request any person mentioned in subsection (2) to provide it with any information which the Centre considers it necessary or expedient for the Centre to have for the purpose of complying with the request.

(5) A requirement under subsection (1)(a) must be complied with by providing the information to the Information Centre in such form and manner, and within such period, as the Centre may specify.

(6) If the Information Centre considers it appropriate to do so, the Centre may make a payment to any person who has provided information to the Centre pursuant to a request made under subsection (1)(b) in respect of the costs to that person of doing so.

(7) If the Information Centre considers it appropriate to do so, the Centre may make a payment to any person mentioned in subsection (2)(b) who has provided information to the Centre pursuant to a request made under subsection (4) in respect of the costs to that person of doing so.

(8) The Information Centre must publish a procedure for notifying persons of requirements imposed, and requests made, under this section.

(9) In imposing requirements under this section the Information Centre must co-operate with any other person who is authorised to require the provision of information by a person mentioned in subsection (2).

(10) The provision of information under this section—

(a) does not breach any obligation of confidence owed by the person providing it, but

(b) is subject to any express restriction on disclosure imposed by or under another Act (other than any restriction which allows disclosure if authorised by or under an Act).

(11) In this Chapter “health or social care body” means a public body which exercises functions in connection with the provision of health services or of adult social care in England.

Commencement Information

I10 S. 259 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

260 Publication of information E+W

(1) The Information Centre must publish all information which it obtains by complying with a direction under section 254 or a request under section 255 unless the information falls within subsection (2); and, subject to subsection (3), if the information falls within that subsection, the Centre must not publish it.

(2) Information falls within this subsection if—

(a) the information is in a form which identifies any relevant person to whom the information relates or enables the identity of such a relevant person to be ascertained and the Centre, after taking into account the public interest as well as the interests of the relevant person, considers that it is not appropriate for the information to be published,

(b) the information is in a form which identifies any individual to whom the information relates who is not a relevant person or enables the identity of such an individual to be ascertained,

(c) the Centre considers that—

(i) the information fails to meet the information standards published under section 250 (so far as they are applicable), and

(ii) it would not be in the public interest to publish the information, or

(d) the information is of a description specified in a direction given to the Centre by the Secretary of State or [F12 NHS England].

(3) A direction under section 254 may provide that the obligation to publish imposed by subsection (1) applies to information falling within subsection (2)(a) which is obtained by complying with the direction.

(4) Where the Information Centre publishes information which it obtains by complying with a direction under section 254 or a mandatory request under section 255, the Centre—

(a) must comply with the requirements (if any) specified in the direction or mandatory request as to the form, manner and timing of publication of the information, and

(b) may publish the information in such other form and such other manner, and at such other times, as it considers appropriate.

(5) Where the Information Centre publishes information which it obtains by complying with a request under section 255 other than a mandatory request, the Centre—

(a) may act in accordance with such provision (if any) as may be included in the request as to the form, manner and timing of publication of the information, and

(b) may publish the information in such other form and such other manner, and at such other times, as it considers appropriate.

(6) In considering the appropriate form, manner and timing of publication of information under this section, the Information Centre must have regard to—

(a) the need for the information to be easily accessible,

(b) the persons who the Centre considers likely to use the information, and

(c) the uses to which the Centre considers the information is likely to be put.

(7) In this Chapter “relevant person” means—

(a) any person who provides health care or adult social care, or

(b) any body corporate not falling within paragraph (a).

Textual Amendments

F12 Words in s. 260 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)

Commencement Information

I11 S. 260 partly in force; s. 260 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I12 S. 260 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)

261 Other dissemination of information E+W

(1) The Information Centre may disseminate (other than by way of publication), to any such persons and in such form and manner and at such times, as it considers appropriate, any information—

(a) which it obtains by complying with a direction under section 254 or a request under section 255, and

(b) which falls within subsection (2).

[F13 (1A) But the Information Centre may do so only if it considers that disseminating the information would be for [F14 purposes connected with]—

(a) the provision of health care or adult social care, or

(b) the promotion of health.]

(2) Information falls within this subsection if—

(a) the information is required to be published under section 260;

(b) the information is in a form which identifies any relevant person to whom the information relates or enables the identity of such a relevant person to be ascertained and—

(i) the relevant person has consented to the dissemination, or

(ii) the Centre, after taking into account the public interest as well as the interests of the relevant person, considers that it is appropriate for the information to be disseminated;

(c) the information is in a form which identifies any individual to whom the information relates who is not a relevant person or enables the identity of such an individual to be ascertained and the individual has consented to the dissemination;

(d) the Centre is prohibited from publishing the information only by virtue of it falling within section 260(2)(c) and the Centre considers it would be in the public interest for the information to be disseminated;

(e) the Centre is prohibited from publishing the information only by virtue of a direction given under section 260(2)(d) and that direction provides that the power in subsection (1) applies to the information.

(3) A direction under section 260(2)(d) may require the Information Centre to disseminate information which the Centre is prohibited from publishing only by virtue of the direction.

(4) The Information Centre may also disseminate, in such form and manner and at such times as it considers appropriate, any information which it collects pursuant to a direction under section 254 or a request under section 255 (whether or not it falls within subsection (2)) to any person to whom the information could have been lawfully disclosed by the person from whom the Centre collected the information.

(5) The Information Centre may also disclose information which it obtains by complying with a direction under section 254 or a request under section 255 (whether or not it falls within subsection (2)) if—

(a) the information has previously been lawfully disclosed to the public,

(b) the disclosure is made in accordance with any court order,

(c) the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,

(d) 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 conferred under or by virtue of any provision of this or any other Act,

(e) the disclosure is made in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or

(f) the disclosure is made for the purpose of criminal proceedings (whether or not in the United Kingdom).

(6) Paragraphs (a), (b) and (f) of subsection (5) have effect notwithstanding any rule of common law which would otherwise prohibit or restrict the disclosure.

(7) Nothing in this section or section 262 prevents the Information Centre from disseminating information (otherwise than by publishing it) under or by virtue of any other provision of this or any other Act.

(8) For the purposes of this section and section 262 the provision by the Information Centre of information which it has obtained by complying with a direction under section 254 or a request under section 255 to the person who gave the direction or made the request is to be treated as dissemination by the Centre of that information to that person.

Textual Amendments

F13 S. 261(1A) inserted (15.7.2014) by Care Act 2014 (c. 23), ss. 122(3), 127(1); S.I. 2014/1714, art. 3(2)(d)

F14 Words in s. 261(1A) substituted (1.10.2022) by Health and Care Act 2022 (c. 31), ss. 97(3), 186(6); S.I. 2022/1003, reg. 2(a)

Commencement Information

I13 S. 261 partly in force; s. 261 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I14 S. 261 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)

262 Other dissemination: directions and requests under sections 254 and 255 E+W

(1) A direction under section 254 may require the Information Centre to disseminate information which it obtains by complying with the direction if the information falls within subsection (2).

(2) Information falls within this subsection if—

(a) the information is required to be published under section 260;

(b) the information is in a form which identifies any relevant person to whom the information relates or enables the identity of such a relevant person to be ascertained and—

(i) the relevant person has consented to the dissemination, or

(ii) the person giving the direction, after taking into account the public interest as well as the interests of the relevant person, considers that it is appropriate for the information to be disseminated;

(c) the information is in a form which identifies any individual to whom the information relates who is not a relevant person or enables the identity of such an individual to be ascertained and the individual has consented to the dissemination;

(d) the Centre is prohibited from publishing the information only by virtue of it falling within section 260(2)(c) and the person giving the direction considers it would be in the public interest for the information to be disseminated.

(3) A direction under section 254 may require the Information Centre to exercise—

(a) the power conferred by section 261(4) in relation to information which it collects pursuant to the direction, or

(b) any other power it has under or by virtue of any other provision of this Act (other than section 261(1) or (5)) or any other Act to disseminate information which it obtains by complying with the direction.

(4) A request under section 255 may request the Information Centre to exercise—

(a) the power conferred by section 261(1) or (4) in relation to information which it obtains by complying with the request, or

(b) any other power it has to disseminate such information under or by virtue of any other provision of this or any other Act.

(5) A direction under section 254 may require, and a request under section 255 may request, the Information Centre not to exercise the power conferred by section 261(1) or (4) in relation to information which it obtains by complying with the direction or request.

(6) Section 255(3) does not apply in relation to anything included in a mandatory request by virtue of subsection (4) or (5).

(7) A requirement imposed on, or a request made to, the Information Centre in accordance with this section to disseminate information may include a requirement or request about the persons to whom the information is to be disseminated and the form, manner and timing of dissemination.

Commencement Information

I15 S. 262 partly in force; s. 262 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I16 S. 262 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)

[F15 262A Publication and other dissemination: supplementary E+W

In exercising any function under this Act of publishing or otherwise disseminating information, the Information Centre must have regard to any advice given to it by the committee appointed by the Health Research Authority under paragraph 8(1) of Schedule 7 to the Care Act 2014 (committee to advise in connection with information dissemination etc).]

Textual Amendments

F15 S. 262A inserted (1.1.2015) by Care Act 2014 (c. 23), ss. 122(4), 127(1); S.I. 2014/2473, art. 5(l)

263 Code of practice on confidential information E+W

(1) The Information Centre must prepare and publish a code in respect of the practice to be followed in relation to the collection, analysis, publication and other dissemination of confidential information concerning, or connected with, the provision of health services or of adult social care in England.

(2) For the purposes of this section “confidential information” is—

(a) information which is in a form which identifies any individual to whom the information relates or enables the identity of such an individual to be ascertained, or

(b) any other information in respect of which the person who holds it owes an obligation of confidence.

(3) Before publishing the code, the Information Centre must consult—

(a) the Secretary of State,

(b) [F16 NHS England], and

(c) such other persons as the Centre considers appropriate.

(4) The Information Centre must not publish the code without the approval of—

(a) the Secretary of State, and

(b) [F16 NHS England], so far as the code relates to information concerning, or connected with, the provision of NHS services.

(5) The Information Centre must keep the code under review and may revise it as it considers appropriate (and a reference in this section to the code includes a reference to any revised code).

(6) A health or social care body must have regard to the code in exercising functions in connection with the provision of health services or of adult social care in England.

(7) A person, other than a public body, who provides health services, or adult social care in England, pursuant to arrangements made with a public body exercising functions in connection with the provision of such services or care must, in providing those services or that care, have regard to the code.

[F17 (8) In this section “NHS services” means services the provision of which is arranged by NHS England or an integrated care board (including services the provision of which is arranged by it in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006).]

Textual Amendments

F16 Words in s. 263 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)

F17 S. 263(8) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 9 para. 23; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Commencement Information

I17 S. 263 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

264 Information Register E+W

The Information Centre must maintain and publish a register containing descriptions of the information which has been obtained by virtue of this Chapter.

Commencement Information

I18 S. 264 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

265 Advice or guidance E+W

(1) The Information Centre—

(a) may give advice or guidance to any person mentioned in subsection (2) on any matter relating to the collection, analysis, publication or other dissemination of information, and

(b) must, if requested to do so by the Secretary of State or [F18 NHS England], give advice or guidance on any such matter as may be specified in the request to—

(i) the Secretary of State or (as the case may be) [F18 NHS England];

(ii) such other persons as may be specified in the request.

(2) Those persons are—

(a) the Secretary of State,

(b) [F18 NHS England],

(c) any person who makes, or is proposing to make, a request under section 255,

(d) any health or social care body, and

(e) any person (including a devolved authority) who collects, or is proposing to collect, information which relates to the provision of health care or adult social care.

(3) The Secretary of State must, at least once in any review period, exercise the power under subsection (1)(b) by requesting the Information Centre to give the Secretary of State advice about ways in which the burdens relating to the collection of information imposed on health or social care bodies and other persons may be minimised.

(4) For the purposes of subsection (3) a review period is—

(a) the period of 3 years beginning with the day on which this section comes into force, and

(b) each subsequent period of 3 years.

(5) A health or social care body to whom advice or guidance is given under this section must have regard to the advice or guidance in exercising functions in connection with the provision of health services or of adult social care in England.

(6) A person, other than a public body, who provides health services, or adult social care in England, pursuant to arrangements made with a public body exercising functions in connection with the provision of such services or care must, in providing those services or that care, have regard to any advice or guidance given to the person under this section.

Textual Amendments

F18 Words in s. 265 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)

Commencement Information

I19 S. 265 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Functions: quality of health and social care information E+W

266 Assessment of quality of information E+W

The Information Centre must from time to time—

(a) assess the extent to which information it collects pursuant to a direction under section 254 or a request under 255 meets the information standards published under section 250 (so far as they are applicable), and

(b) publish a record of the results of the assessment.

Commencement Information

I20 S. 266 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

267 Power to establish accreditation scheme E+W

(1) Regulations may make provision for the establishment and operation of a scheme for the accreditation of information service providers (“the accreditation scheme”).

(2) The regulations may provide that the accreditation scheme is to be established and operated by the Information Centre or such other person as the Secretary of State may specify in the regulations (the “operator”).

(3) The regulations may, in particular, confer power on the operator—

(a) to establish the procedure for accrediting information service providers under the scheme,

(b) to set the criteria to be met by a provider in order to be accredited (“the accreditation criteria”),

(c) to keep an accreditation under the scheme under review, and

(d) to charge a reasonable fee in respect of an application for accreditation.

(4) The regulations may make provision requiring the operator—

(a) to publish details of the scheme, including, in particular, the accreditation criteria,

(b) to provide for the review of a decision to refuse an application for accreditation, and

(c) to provide advice to applicants for accreditation with a view to ensuring that they meet the accreditation criteria.

(5) In this section “information service provider” means any person other than a public body who provides services involving the collection, analysis, publication or other dissemination of information in connection with the provision of health services or of adult social care in England.

Commencement Information

I21 S. 267 partly in force; s. 267 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I22 S. 267 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Functions: other E+W

268 Database of quality indicators E+W

(1) Regulations may make provision conferring functions on the Information Centre in connection with the establishment, maintenance and publication of a database of quality indicators in relation to the provision of health services and of adult social care in England.

(2) The regulations may, in particular, make provision about—

(a) the persons who may propose a quality indicator for inclusion in the database,

(b) the giving of advice and guidance by the Information Centre to such persons in relation to such a proposal,

(c) the assessment and approval of quality indicators proposed for inclusion in the database by such person as the Secretary of State or [F19 NHS England] may direct, and

(d) the inclusion in the database of guidance about how providers may demonstrate performance measured against the quality indicators.

(3) In this section a “quality indicator” means a factor by reference to which performance in the provision of services or care can be measured.

Textual Amendments

F19 Words in s. 268 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)

Commencement Information

I23 S. 268 partly in force; s. 268 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I24 S. 268 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)

269 Power to confer functions in relation to identification of GPs E+W

(1) Regulations may make provision conferring functions on the Information Centre in connection with the verification of the identity of general medical practitioners for purposes connected with the health service in England.

(2) In subsection (1) “general medical practitioners” means persons registered in the General Practitioner Register kept by the General Medical Council.

Commencement Information

I25 S. 269 partly in force; s. 269 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I26 S. 269 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)

270 Additional functions E+W

(1) The Information Centre may do any of the following—

(a) acquire, produce, manufacture and supply goods,

(b) acquire land by agreement and manage and deal with land,

(c) supply accommodation to any person,

(d) supply services to any person and provide new services,

(e) provide instruction for any person, and

(f) develop and exploit ideas and exploit intellectual property.

(2) But the Information Centre may exercise a power under subsection (1) only—

(a) if doing so involves, or is connected with, the collection, analysis, publication or other dissemination of information, and

(b) to the extent that its exercise does not to any significant extent interfere with the performance by the Centre of any function under or by virtue of any other provision of this or any other Act.

(3) The Information Centre may—

(a) charge for anything it does in the exercise of a power under subsection (1), and

(b) calculate any such charge on the basis that it considers to be the appropriate commercial basis.

Commencement Information

I27 S. 270 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

271 Arrangements with other bodies E+W

(1) The Information Centre may arrange with any person or body to provide, or assist in providing, any service which the Centre is required or authorised to provide by virtue of this Chapter.

(2) The power under this section may be exercised on such terms as may be agreed, including terms as to the making of payments by or to the Information Centre.

Commencement Information

I28 S. 271 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

272 Failure by Information Centre to discharge any of its functions E+W

(1) The Secretary of State may give a direction to the Information Centre if the Secretary of State considers that—

(a) the Centre—

(i) is failing or has failed to discharge any of its functions, or

(ii) is failing or has failed properly to discharge any of its functions, and

(b) the failure is significant.

(2) A direction under subsection (1) may direct the Information Centre to discharge such of those functions, and in such manner and within such period or periods, as may be specified in the direction.

(3) If the Information Centre fails to comply with a direction under subsection (1), the Secretary of State may—

(a) discharge the functions to which it relates, or

(b) make arrangements for any other person to discharge them on the Secretary of State's behalf.

(4) Where the Secretary of State exercises a power under subsection (1) or (3), the Secretary of State must publish reasons for doing so.

(5) For the purposes of this section, a failure to discharge a function properly includes a failure to discharge it consistently with what the Secretary of State considers to be the interests of the health service in England or (as the case may be) with what otherwise appears to the Secretary of State to be the purpose for which it is conferred.

Commencement Information

I29 S. 272 partly in force; s. 272 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I30 S. 272 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)

273 Protection from personal liability E+W

(1) Section 265 of the Public Health Act 1875 (which relates to the protection of members and officers of certain authorities from personal liability) has effect as if there were included in the authorities referred to in that section a reference to the Information Centre.

(2) In its application to the Information Centre as provided for by subsection (1), section 265 of that Act has effect as if any reference in that section to the Public Health Act 1875 were a reference to this Act.

Commencement Information

I31 S. 273 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

General and supplementary E+W

274 Powers of Secretary of State or [F20 NHS England] to give directions E+W

(1) Regulations may make provision conferring powers on the Secretary of State or [F21 NHS England] to give directions—

(a) requiring a health or social care body to exercise such of the Information Centre's functions as may be specified;

(b) requiring the Centre or another health or social care body to exercise such information functions of the Secretary of State or (as the case may be) [F21 NHS England] as may be specified;

(c) requiring the Centre to exercise such of the information functions of any health or social care body as may be specified;

(d) requiring the Centre to exercise such systems delivery functions of the Secretary of State or (as the case may be) [F21 NHS England] as may be specified.

(2) A function required to be exercised by a direction given by the Secretary of State or [F21 NHS England] by virtue of subsection (1) is subject to directions given by the Secretary of State or (as the case may be) [F21 NHS England] about the exercise of the function.

(3) A power conferred on the Secretary of State under subsection (1)(a) must provide that a direction may be given in respect of a function of the Information Centre only if the function relates to information which is of a description prescribed in the regulations and—

(a) in respect of which the Secretary of State may give a direction under section 254, or

(b) which the Secretary of State considers is information in respect of which a mandatory request may be made under section 255.

(4) A power conferred on [F21 NHS England] under subsection (1)(a) must provide that a direction may be given in respect of a function of the Information Centre only if the function relates to information which is of a description prescribed in the regulations and in respect of which [F21 NHS England] may give a direction under section 254.

(5) A power conferred under subsection (1)(a) must provide that a direction must include provision requiring the body in question to provide the Information Centre with the information it needs to comply with the duty under section 264 (duty to publish information register).

(6) A power conferred on the Secretary of State under subsection (1)(d) must provide that a direction may include provision about payments by the Secretary of State to the Information Centre for things done in the exercise of the function in respect of which the direction is given.

(7) A power conferred on [F21 NHS England] under subsection (1)(d) must provide that a direction must permit the Information Centre to charge [F21 NHS England] a reasonable fee in respect of the cost of complying with the direction.

(8) A power conferred under subsection (1)(d) must provide that the giving of a direction does not prevent the Secretary of State or (as the case may be) [F21 NHS England] from exercising the function in respect of which the direction is given.

(9) In this section—

• “information function” means a function in relation to the collection, analysis, publication or other dissemination of information;

• [F22 “NHS services” means services the provision of which is arranged by NHS England or an integrated care board (including services the provision of which is arranged by it in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006);]

• “specified” means specified in a direction given under regulations made under subsection (1);

• “systems delivery function”—

  (a)

  in relation to the Secretary of State, means a function of the Secretary of State which is exercisable in relation to the development or operation of information or communications systems in connection with the provision of health services or of adult social care in England;

  (b)

  in relation to [F21 NHS England], means a function of [F21 NHS England] which is exercisable in relation to the development or operation of information or communications systems in connection with the provision of NHS services.

Textual Amendments

F20 Words in s. 274 heading substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 20; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F21 Words in s. 274 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)

F22 Words in s. 274(9) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 9 para. 24; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Commencement Information

I32 S. 274 partly in force; s. 274 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I33 S. 274 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)

275 Interpretation of this Chapter E+W

In this Chapter—

• “adult social care” has the meaning given by section 253(3);

• F23 ...

• “devolved authority” means—

  (a)

  the Scottish Ministers;

  (b)

  the Welsh Ministers; and

  (c)

  a Northern Ireland Minister;

• “health care” has the meaning given by section 255(10);

• “health or social care body” has the meaning given by section 259(11);

• “the health service” has the same meaning as in the National Health Service Act 2006 (see section 275(1) of that Act);

• “health services” has the meaning given by section 253(3);

• “mandatory request” has the meaning given by section 255(4);

• “Northern Ireland Minister” includes the First Minister, the deputy First Minister and a Northern Ireland Department;

• “public body” means a body or other person whose functions—

  (a)

  are of a public nature, or

  (b)

  include functions of that nature,

  but in the latter case, the body or person is a public body to the extent only of those functions;

• “relevant person” has the meaning given by section 260(7).

Textual Amendments

F23 Words in s. 275 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 21; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Commencement Information

I34 S. 275 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

276 Dissolution of predecessor body E+W

The Special Health Authority known as the Health and Social Care Information Centre is abolished.

Commencement Information

I35 S. 276 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

277 Consequential provision E+W

Schedule 19 (which contains consequential provision) has effect.

Commencement Information

I36 S. 277 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)