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Point in time view as at 01/02/2023.

Changes to legislation:

Health and Social Care Act 2012, CHAPTER 2 is up to date with all changes known to be in force on or before 28 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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CHAPTER 2E+W[F1NHS ENGLAND: HEALTH AND SOCIAL CARE INFORMATION ETC.]

Textual Amendments

Modifications etc. (not altering text)

C1Pt. 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))

F2... General dutiesE+W

Textual Amendments

F3252The Health and Social Care Information CentreE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

253[F4NHS England data functions: general]E+W

(1)[F5NHS England must have regard to the following when exercising its relevant data functions other than those under the Medicines and Medical Devices Act 2021—]

(a)the information standards published by the Secretary of State or [F6NHS England] under section 250,

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

F7(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8(ca)the need to respect and promote the privacy of recipients of health services and of adult social care in England,] F9...

[F10(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 [F11, and

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

[F12(2)NHS England must seek to minimise the burdens it imposes on others when exercising its relevant data functions other than those under the Medicines and Medical Devices Act 2021.]

F13(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

Commencement Information

I1S. 253 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Functions: information systemsE+W

254Powers to direct [F14NHS England] to establish information systemsE+W

(1)The Secretary of State F15... may direct [F16NHS England] 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.

F17(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Before giving a direction under subsection (1) the Secretary of State F19... must consult [F20NHS England].

F21(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I2S. 254 partly in force; s. 254 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I3S. 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)

255Powers to request [F23NHS England] to establish information systemsE+W

(1)Any person (including a devolved authority) may request [F24NHS England] 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)[F25NHS England] must comply with a mandatory request unless [F25NHS England] 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.

F26(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Subsection (8) applies where [F28NHS England] 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, [F29NHS England]—

(a)must, in particular, consider whether doing so would interfere to an unreasonable extent with the exercise by [F29NHS England] 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 [F29NHS England] under section 263, and

(ii)advice or guidance given by [F29NHS England] under section 265.

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

F30(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

Commencement Information

I4S. 255 partly in force; s. 255 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I5S. 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)

256Requests for collection under section 255: confidential informationE+W

(1)A request under section 255 is a confidential collection request if it is a request for [F31NHS England] 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 [F31NHS England] by the person holding it, or

(c)relates to information which may otherwise be lawfully disclosed to [F31NHS England] or to R by the person holding it.

Textual Amendments

Commencement Information

I6S. 256 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

257Requests under section 255: supplementaryE+W

(1)[F32NHS England] must publish procedures for—

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

(b)the reconsideration by [F32NHS England] 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 [F32NHS England] within a reasonable period for the purposes of the reconsideration.

(3)[F32NHS England] 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 [F32NHS England].

(5)[F32NHS England] must publish details of—

(a)any mandatory request, and

(b)any other request under section 255 with which [F32NHS England] is obliged, or decides, to comply.

Textual Amendments

Commencement Information

I7S. 257 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

258Information systems: supplementaryE+W

(1)Before establishing an information system pursuant to a direction under section 254 or a request under section 255 [F33NHS England] must consult—

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

(b)representatives of other persons who [F33NHS England] 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 [F33NHS England] considers appropriate.

(2)If [F33NHS England] 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, [F33NHS England] may destroy the information.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I8S. 258 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

259Powers to require and request provision of informationE+W

(1)[F34NHS England] may—

(a)require any person mentioned in subsection (2) to provide it with any information which [F35NHS England] considers it necessary or expedient for [F35NHS England] 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 [F36NHS England] 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, [F36NHS England] may, however, request any person mentioned in subsection (2) to provide it with any information which [F36NHS England] considers it necessary or expedient for [F36NHS England] 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 [F36NHS England] in such form and manner, and within such period, as [F36NHS England] may specify.

(6)If [F36NHS England] considers it appropriate to do so, [F36NHS England] may make a payment to any person who has provided information to [F36NHS England] pursuant to a request made under subsection (1)(b) in respect of the costs to that person of doing so.

(7)If [F36NHS England] considers it appropriate to do so, [F36NHS England] may make a payment to any person mentioned in subsection (2)(b) who has provided information to [F36NHS England] pursuant to a request made under subsection (4) in respect of the costs to that person of doing so.

(8)[F36NHS England] must publish a procedure for notifying persons of requirements imposed, and requests made, under this section.

(9)In imposing requirements under this section [F36NHS England] 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.

Textual Amendments

Commencement Information

I9S. 259 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

260Publication of informationE+W

(1)[F37NHS England] 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, [F37NHS England] 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 [F38NHS England], 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)[F38NHS England] 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 [F38NHS England] by the Secretary of State F39....

(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 [F40NHS England] publishes information which it obtains by complying with F41... a mandatory request under section 255, [F40NHS England]—

(a)must comply with the requirements (if any) specified in the F42... 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 [F43NHS England] publishes information which it obtains by complying with a request under section 255 other than a mandatory request, [F43NHS England]—

(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, [F44NHS England] must have regard to—

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

(b)the persons who [F44NHS England] considers likely to use the information, and

(c)the uses to which [F44NHS England] 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

Commencement Information

I10S. 260 partly in force; s. 260 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I11S. 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)

261Other dissemination of informationE+W

(1)[F45NHS England] 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).

[F46(1A)But [F47NHS England] may do so only if it considers that disseminating the information would be for [F48purposes 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)[F47NHS England], 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)[F47NHS England] is prohibited from publishing the information only by virtue of it falling within section 260(2)(c) and [F47NHS England] considers it would be in the public interest for the information to be disseminated;

(e)[F47NHS England] 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 [F47NHS England] to disseminate information which [F47NHS England] is prohibited from publishing only by virtue of the direction.

(4)[F49NHS England] 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 [F49NHS England] collected the information.

(5)[F50NHS England] 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 [F51NHS England] from disseminating information (otherwise than by publishing it) under or by virtue of any other provision of this or any other Act.

[F52(8)For the purposes of this section, the provision by NHS England of information which it has obtained by complying with a direction under section 254 to the Secretary of State is to be treated as dissemination by NHS England of that information to the Secretary of State.

(9)For the purposes of this section and section 262, the provision by NHS England of information which it has obtained by complying with a request under section 255 to the person who made the request is to be treated as dissemination by NHS England of that information to that person.]

Textual Amendments

Commencement Information

I12S. 261 partly in force; s. 261 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I13S. 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)

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

F53(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A request under section 255 may request [F54NHS England] 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 F55... request under section 255 may request, [F56NHS England] not to exercise the power conferred by section 261(1) or (4) in relation to information which it obtains by complying with the F57... request.

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

[F58(7)A request made to NHS England in accordance with this section to disseminate information may include a request about the persons to whom the information is to be disseminated and the form, manner and timing of dissemination.]

Textual Amendments

Commencement Information

I14S. 262 partly in force; s. 262 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I15S. 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)

[F59262APublication and other dissemination: supplementaryE+W

In exercising any function F60... of publishing or otherwise disseminating information [F61obtained in connection with the exercise of its relevant data functions, NHS England] 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

263Code of practice on confidential informationE+W

(1)[F62NHS England] 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, [F63NHS England] must consult—

(a)the Secretary of State, [F64and]

F65(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)such other persons as [F66NHS England] considers appropriate.

[F67(4)NHS England must not publish the code without the approval of the Secretary of State.]

(5)[F68NHS England] 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.

F69(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I16S. 263 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

264Information RegisterE+W

[F70NHS England] must maintain and publish a register containing descriptions of the information which has been obtained by virtue of this Chapter.

Textual Amendments

Commencement Information

I17S. 264 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

265Advice or guidanceE+W

(1)[F71NHS England]—

(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 F72..., give advice or guidance on any such matter as may be specified in the request to—

(i)the Secretary of State F73...;

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

(2)Those persons are—

(a)the Secretary of State,

F74(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F75NHS England] 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

Commencement Information

I18S. 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 informationE+W

266Assessment of quality of informationE+W

[F76NHS England] 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.

Textual Amendments

Commencement Information

I19S. 266 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

267Power to establish accreditation schemeE+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 [F77NHS England] 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.

Textual Amendments

Commencement Information

I20S. 267 partly in force; s. 267 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I21S. 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: otherE+W

268Database of quality indicatorsE+W

(1)Regulations may make provision conferring functions on [F78NHS England] 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 [F78NHS England] 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 [F79NHS 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

Commencement Information

I22S. 268 partly in force; s. 268 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I23S. 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)

269Power to confer functions in relation to identification of GPsE+W

(1)Regulations may make provision conferring functions on [F80NHS England] 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.

Textual Amendments

Commencement Information

I24S. 269 partly in force; s. 269 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I25S. 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)

270Additional functionsE+W

(1)[F81NHS England] 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 [F81NHS England] 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 [F81NHS England] of any function under or by virtue of any other provision of this or any other Act.

(3)[F81NHS England] 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.

[F82(4)Nothing in this section is to be read as limiting any power that NHS England has apart from this section to do the things listed in subsection (1).]

Textual Amendments

Commencement Information

I26S. 270 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

F83271Arrangements with other bodiesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F83272Failure by Information Centre to discharge any of its functionsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F83273Protection from personal liabilityE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

General and supplementaryE+W

274Powers of Secretary of State or [F84NHS England] to give directionsE+W

[F85(1)Regulations may make provision conferring powers on the Secretary of State to give directions—

(a)requiring a health or social care body to exercise such of NHS England’s relevant data functions as may be specified;

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

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

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

[F86(1A)Regulations may make provision conferring powers on NHS England to give directions requiring a health or social care body to exercise such information functions of NHS England as may be specified.]

(2)A function required to be exercised by a direction given by the Secretary of State F87... by virtue of subsection (1) is subject to directions given by the Secretary of State F88... about the exercise of the function.

[F89(2A)A function required to be exercised by a direction given by NHS England by virtue of subsection (1A) is subject to directions given by 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 [F90NHS England] 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.

F91(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)A power conferred under subsection (1)(a) [F92or (1A)] must provide that a direction must include provision requiring the body in question to provide [F93NHS England] 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 [F94NHS England] for things done in the exercise of the function in respect of which the direction is given.

F95(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)A power conferred under subsection (1)(d) must provide that the giving of a direction does not prevent the Secretary of State F96... 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;

  • [F97“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 [F98subsection (1) or (1A)];

  • [F99systems delivery function” means a function 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.]

Textual Amendments

Commencement Information

I27S. 274 partly in force; s. 274 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I28S. 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)

[F100274A.Secretary of State’s guidance about NHS England data functionsE+W

(1)The Secretary of State must publish guidance for NHS England about the exercise of—

(a)its relevant data functions, and

(b)its other functions in connection with its relevant data functions.

(2)Before publishing guidance under this section the Secretary of State must consult NHS England and any other persons that the Secretary of State considers appropriate in relation to the guidance.

(3)NHS England must have regard to guidance published under this section.]

Textual Amendments

275Interpretation of this ChapterE+W

In this Chapter—

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

  • F101...

  • “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;

  • [F102“relevant data functions” has the meaning given by section 253(3);]

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

Textual Amendments

Commencement Information

I29S. 275 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

276Dissolution of predecessor bodyE+W

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

Commencement Information

I30S. 276 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

277Consequential provisionE+W

Schedule 19 (which contains consequential provision) has effect.

Commencement Information

I31S. 277 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

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