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PART 9E+WHealth and adult social care services: information

CHAPTER 1E+WInformation standards

250Powers to publish information standardsE+W

(1)The Secretary of State or [F1NHS England] may prepare and publish an information standard.

(2)For the purposes of this Part “an information standard” is a document containing standards in relation to the processing of information.

(3)The Secretary of State may exercise the power under subsection (1) only in relation to information concerning, or connected with, the provision of health services or of adult social care in England.

(4)[F2NHS England] may exercise the power under subsection (1) only in relation to information concerning, or connected with, the provision of NHS services.

(5)An information standard must include guidance about the implementation of the standard.

(6)The following must have regard to an information standard published under this section—

(a)the Secretary of State;

(b)the Board;

(c)any public body which exercises functions in connection with the provision of health services or of adult social care in England;

(d)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.

(7)In this section—

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

  • [F3“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);]

  • [F4“processing” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(4) and (14) of that Act);]

  • “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.

Textual Amendments

Commencement Information

I1S. 250 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

251Information standards: supplementaryE+W

(1)Before publishing an information standard, the Secretary of State or the Board must consult such persons as the Secretary of State or (as the case may be) the Board considers appropriate.

(2)For the purposes of section 250 the Secretary of State or the Board may adopt an information standard prepared or published by another person.

Commencement Information

I2S. 251 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

[F5CHAPTER 1AE+WContinuity of Information

Textual Amendments

251AConsistent identifiersE+W

(1)The Secretary of State must by regulations specify a description of consistent identifier for the purposes of this section.

(2)“Consistent identifier” means any identifier (such as, for example, a number or code used for identification purposes) that—

(a)relates to an individual, and

(b)forms part of a set of similar identifiers that is of general application.

(3)Subsection (4) applies if—

(a)a relevant health or adult social care commissioner or provider (“the relevant person”) processes information about an individual, and

(b)the individual is one to whom a consistent identifier of the description specified under subsection (1) relates.

(4)If this subsection applies the relevant person must include the consistent identifier in the information processed (but this is subject to subsections (5) to (8)).

(5)Subsection (4) applies only so far as the relevant person considers that the inclusion is—

(a)likely to facilitate the provision to the individual of health services or adult social care in England, and

(b)in the individual's best interests.

(6)The relevant person need not comply with subsection (4) if the relevant person reasonably considers that one or more of the following criteria apply—

(a)the relevant person does not know the consistent identifier and is not reasonably able to learn it;

(b)the individual objects, or would be likely to object, to the inclusion of the consistent identifier in the information;

(c)the information concerns, or is connected with, the provision of health services or adult social care by an anonymous access provider;

(d)for any other reason the relevant person is not reasonably able, or should not be required, to comply with subsection (4).

(7)This section does not permit the relevant person to do anything which, but for this section, would be inconsistent with—

(a)any provision [F6of the data protection legislation], or

(b)a common law duty of care or confidence.

(8)This section does not require the relevant person to do anything which the relevant person is required to do by or under provision included in a contract by virtue of any provision of the National Health Service Act 2006 (and, accordingly, any such requirement is to be treated as arising under the contract, and not under this section).

[F7(9)In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).]

Textual Amendments

[F8251BDuty to share informationE+W

(1)This section applies in relation to information about an individual that is held by a relevant health or adult social care commissioner or provider (“the relevant person”).

(2)The relevant person must ensure that the information is disclosed to—

(a)persons working for the relevant person, and

(b)any other relevant health or adult social care commissioner or provider with whom the relevant person communicates about the individual,

but this is subject to subsections (3) to (6).

(3)Subsection (2) applies only so far as the relevant person considers that the disclosure is—

(a)likely to facilitate the provision to the individual of health services or adult social care in England, and

(b)in the individual's best interests.

(4)The relevant person need not comply with subsection (2) if the relevant person reasonably considers that one or more of the following apply—

(a)the individual objects, or would be likely to object, to the disclosure of the information;

(b)the information concerns, or is connected with, the provision of health services or adult social care by an anonymous access provider;

(c)for any other reason the relevant person is not reasonably able, or should not be required, to comply with subsection (2).

(5)This section does not permit the relevant person to do anything which, but for this section, would be inconsistent with—

(a)any provision [F9of the data protection legislation], or

(b)a common law duty of care or confidence.

(6)This section does not require the relevant person to do anything which the relevant person is required to do under a common law duty of care (and, accordingly, any such requirement is to be treated as arising under that common law duty and not under this section).

[F10(7)In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).]]

Textual Amendments

F9Words in s. 251B(5)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 174(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

[F11251CContinuity of information: interpretationE+W

(1)This section applies for the purposes of sections 251A and 251B and this section.

(2)“Relevant health or adult social care commissioner or provider” means—

(a)any public body so far as it exercises functions in connection with the provision of health services, or of adult social care in England, and

(b)any person (other than a public body) so far as the person provides such services or care—

(i)pursuant to arrangements made with a public body exercising functions in connection with the provision of the services or care, and

(ii)otherwise than as a member or officer of a body or an employee of a person,

but this is subject to subsection (3).

(3)The Secretary of State may by regulations provide for a person to be excluded from the definition of “relevant health or adult social care commissioner or provider”, whether generally or in particular cases.

(4)Regulations under subsection (3) may, in particular, provide for a person to be excluded in relation to the exercise of particular functions or the exercise of functions in relation to particular descriptions of person, premises or institution.

(5)A reference to an inclusion or a disclosure being likely to facilitate the provision to an individual of health services or adult social care in England is to its being likely to facilitate that provision directly (rather than by means of a clinical trial, a study, an audit, or any other indirect means).

(6)“Anonymous access provider” means a relevant health or adult social care commissioner or provider (whether “the relevant person” under section 251A(3)(a) or 251B(1) or another person) whose services or care are, or may be, received by individuals anonymously due to the nature of the services or care.

(7)Other terms have the same meaning as in section 250 (and “processes” and “processed” are to be read in accordance with the meaning of “processing” in that section).]]

Textual Amendments

Modifications etc. (not altering text)

CHAPTER 2E+W[F12NHS ENGLAND: HEALTH AND SOCIAL CARE INFORMATION ETC.]

Textual Amendments

Modifications etc. (not altering text)

C2Pt. 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))

F13... General dutiesE+W

Textual Amendments

F14252The Health and Social Care Information CentreE+W

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

Textual Amendments

253[F15NHS England data functions: general]E+W

(1)[F16NHS 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 [F17NHS England] under section 250,

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

F18(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19(ca)the need to respect and promote the privacy of recipients of health services and of adult social care in England,] F20...

[F21(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 [F22, and

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

[F23(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.]

F24(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

I3S. 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 [F25NHS England] to establish information systemsE+W

(1)The Secretary of State F26... may direct [F27NHS 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.

F28(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F29(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Before giving a direction under subsection (1) the Secretary of State F30... must consult [F31NHS England].

F32(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I4S. 254 partly in force; s. 254 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I5S. 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 [F34NHS England] to establish information systemsE+W

(1)Any person (including a devolved authority) may request [F35NHS 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)[F36NHS England] must comply with a mandatory request unless [F36NHS 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.

F37(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Subsection (8) applies where [F39NHS 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, [F40NHS England]—

(a)must, in particular, consider whether doing so would interfere to an unreasonable extent with the exercise by [F40NHS 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 [F40NHS England] under section 263, and

(ii)advice or guidance given by [F40NHS England] under section 265.

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

F41(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

I6S. 255 partly in force; s. 255 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I7S. 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 [F42NHS 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 [F42NHS England] by the person holding it, or

(c)relates to information which may otherwise be lawfully disclosed to [F42NHS England] or to R by the person holding it.

Textual Amendments

Commencement Information

I8S. 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)[F43NHS England] must publish procedures for—

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

(b)the reconsideration by [F43NHS 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 [F43NHS England] within a reasonable period for the purposes of the reconsideration.

(3)[F43NHS 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 [F43NHS England].

(5)[F43NHS England] must publish details of—

(a)any mandatory request, and

(b)any other request under section 255 with which [F43NHS England] is obliged, or decides, to comply.

Textual Amendments

Commencement Information

I9S. 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 [F44NHS England] must consult—

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

(b)representatives of other persons who [F44NHS 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 [F44NHS England] considers appropriate.

(2)If [F44NHS 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, [F44NHS England] may destroy the information.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I10S. 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)[F45NHS England] may—

(a)require any person mentioned in subsection (2) to provide it with any information which [F46NHS England] considers it necessary or expedient for [F46NHS 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 [F47NHS 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, [F47NHS England] may, however, request any person mentioned in subsection (2) to provide it with any information which [F47NHS England] considers it necessary or expedient for [F47NHS 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 [F47NHS England] in such form and manner, and within such period, as [F47NHS England] may specify.

(6)If [F47NHS England] considers it appropriate to do so, [F47NHS England] may make a payment to any person who has provided information to [F47NHS England] pursuant to a request made under subsection (1)(b) in respect of the costs to that person of doing so.

(7)If [F47NHS England] considers it appropriate to do so, [F47NHS England] may make a payment to any person mentioned in subsection (2)(b) who has provided information to [F47NHS England] pursuant to a request made under subsection (4) in respect of the costs to that person of doing so.

(8)[F47NHS England] must publish a procedure for notifying persons of requirements imposed, and requests made, under this section.

(9)In imposing requirements under this section [F47NHS 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

I11S. 259 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

260Publication of informationE+W

(1)[F48NHS 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, [F48NHS 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 [F49NHS 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)[F49NHS 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 [F49NHS England] by the Secretary of State F50....

(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 [F51NHS England] publishes information which it obtains by complying with F52... a mandatory request under section 255, [F51NHS England]—

(a)must comply with the requirements (if any) specified in the F53... 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 [F54NHS England] publishes information which it obtains by complying with a request under section 255 other than a mandatory request, [F54NHS 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, [F55NHS England] must have regard to—

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

(b)the persons who [F55NHS England] considers likely to use the information, and

(c)the uses to which [F55NHS 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

I12S. 260 partly in force; s. 260 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I13S. 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)[F56NHS 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).

[F57(1A)But [F58NHS England] may do so only if it considers that disseminating the information would be for [F59purposes 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)[F58NHS 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)[F58NHS England] is prohibited from publishing the information only by virtue of it falling within section 260(2)(c) and [F58NHS England] considers it would be in the public interest for the information to be disseminated;

(e)[F58NHS 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 [F58NHS England] to disseminate information which [F58NHS England] is prohibited from publishing only by virtue of the direction.

(4)[F60NHS 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 [F60NHS England] collected the information.

(5)[F61NHS 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 [F62NHS England] from disseminating information (otherwise than by publishing it) under or by virtue of any other provision of this or any other Act.

[F63(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

I14S. 261 partly in force; s. 261 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I15S. 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

F64(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F64(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F64(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A request under section 255 may request [F65NHS 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 F66... request under section 255 may request, [F67NHS England] not to exercise the power conferred by section 261(1) or (4) in relation to information which it obtains by complying with the F68... request.

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

[F69(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

I16S. 262 partly in force; s. 262 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I17S. 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)

[F70262APublication and other dissemination: supplementaryE+W

In exercising any function F71... of publishing or otherwise disseminating information [F72obtained 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)[F73NHS 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, [F74NHS England] must consult—

(a)the Secretary of State, [F75and]

F76(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)such other persons as [F77NHS England] considers appropriate.

[F78(4)NHS England must not publish the code without the approval of the Secretary of State.]

(5)[F79NHS 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.

F80(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I18S. 263 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

264Information RegisterE+W

[F81NHS 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

I19S. 264 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

265Advice or guidanceE+W

(1)[F82NHS 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 F83..., give advice or guidance on any such matter as may be specified in the request to—

(i)the Secretary of State F84...;

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

(2)Those persons are—

(a)the Secretary of State,

F85(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 [F86NHS 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

I20S. 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

[F87NHS 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

I21S. 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 [F88NHS 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

I22S. 267 partly in force; s. 267 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I23S. 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 [F89NHS 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 [F89NHS 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 [F90NHS 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

I24S. 268 partly in force; s. 268 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I25S. 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 [F91NHS 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

I26S. 269 partly in force; s. 269 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I27S. 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)[F92NHS 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 [F92NHS 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 [F92NHS England] of any function under or by virtue of any other provision of this or any other Act.

(3)[F92NHS 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.

[F93(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

I28S. 270 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

F94271Arrangements with other bodiesE+W

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

Textual Amendments

F94272Failure by Information Centre to discharge any of its functionsE+W

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

Textual Amendments

F94273Protection from personal liabilityE+W

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

Textual Amendments

General and supplementaryE+W

274Powers of Secretary of State or [F95NHS England] to give directionsE+W

[F96(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.]

[F97(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 F98... by virtue of subsection (1) is subject to directions given by the Secretary of State F99... about the exercise of the function.

[F100(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 [F101NHS 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.

F102(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)A power conferred under subsection (1)(a) [F103or (1A)] must provide that a direction must include provision requiring the body in question to provide [F104NHS 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 [F105NHS England] for things done in the exercise of the function in respect of which the direction is given.

F106(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)A power conferred under subsection (1)(d) must provide that the giving of a direction does not prevent the Secretary of State F107... 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;

  • [F108“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 [F109subsection (1) or (1A)];

  • [F110systems 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

I29S. 274 partly in force; s. 274 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I30S. 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)

[F111274A.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);

  • F112...

  • “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;

  • [F113“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

I31S. 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

I32S. 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

I33S. 277 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

[F114CHAPTER 3E+WInformation about adult social care

Textual Amendments

F114Pt. 9 Ch. 3 inserted (31.7.2022 but only for the insertion of ss. 277A (for specified purposes), 277B, 277C, 1.10.2022 but only for the insertion of s. 277A(6)) by Health and Care Act 2022 (c. 31), ss. 99, 186(6); S.I. 2022/734, reg. 3 (with regs. 13, 29, 30); S.I. 2022/1003, reg. 2(b)

277AProvision of adult social care information to Secretary of StateE+W

(1)The Secretary of State may require a relevant provider of adult social care services to provide the Secretary of State with information that relates to—

(a)the person on whom the requirement is imposed,

(b)their activities in connection with the provision of adult social care in England, or

(c)any person to whom they have provided —

(i)adult social care in England, or

(ii)adult social care, outside England, in pursuance of arrangements made by an English local authority.

(2)The Secretary of State may impose a requirement under subsection (1) only if the information is sought for purposes connected with the health care system, or adult social care system, in England.

(3)A requirement under subsection (1) may specify—

(a)the form and manner in which information is to be provided, and

(b)when information is to be provided.

(4)A requirement under subsection (1) must be in writing.

(5)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 any enactment (other than a restriction which allows disclosure if authorised by an enactment).

(6)For enforcement of requirements under subsection (1), see section 277E.

(7)In this section—

  • “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;

  • “English local authority” means—

    (a)

    a county council in England;

    (b)

    a district council for an area in England for which there is no county council;

    (c)

    a London borough council;

    (d)

    the Common Council of the City of London (in its capacity as a local authority);

  • “relevant provider of adult social care services” means a person who is required to be registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the carrying on of a regulated activity (within the meaning of Part 1 of that Act) involving or connected with the provision of adult social care.

277BRestrictions on onward disclosure of informationE+W

(1)Information provided under section 277A may not be disclosed by the Secretary of State except for purposes connected with the health care system, or adult social care system, in England.

(2)Commercially sensitive information provided under section 277A may not be disclosed by the Secretary of State (even for the purposes mentioned in subsection (1)) unless the Secretary of State considers that the disclosure is appropriate, having taken into account the public interest as well as the interests of the person to whom the commercially sensitive information relates.

(3)Subsections (1) and (2) do not restrict the disclosure of information where—

(a)the person to whom the information relates has consented to the disclosure,

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

(c)the disclosure is in accordance with any 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 conferred under or by virtue of any provision of this or any other Act,

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

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

(4)In this section “commercially sensitive information” means commercial information whose disclosure the Secretary of State thinks might significantly harm the legitimate business interests of the person to whom it relates.

277CDirections to certain bodies to exercise functions under this ChapterE+W

(1)The Secretary of State may direct [F115NHS England] to exercise the functions of the Secretary of State under section 277A (and where a direction is given, section 277B applies accordingly).

(2)The Secretary of State may direct a Special Health Authority performing functions only or mainly in respect of England to exercise the functions of the Secretary of State under section 277A (and where a direction is given, section 277B applies accordingly).

[F116(3)The Secretary of State may give directions to a Special Health Authority about the exercise of any functions that it is directed to exercise under subsection (2) (including directions as to the processing of information that the Authority obtains in exercising those functions).]

[F117(4)For power to give directions to NHS England as to the exercise of functions, see section 13ZC of the National Health Service Act 2006.]

Textual Amendments

277DArrangements with third partiesE+W

(1)The Secretary of State may make arrangements for any person prescribed by regulations under this subsection to exercise the functions of the Secretary of State under section 277A (and where arrangements are made, section 277B applies accordingly).

(2)Arrangements under subsection (1) may—

(a)provide for the Secretary of State to make payments to the person;

(b)make provision as to the circumstances in which any such payments are to be repaid to the Secretary of State.

(3)Section 304(9) (differential provision) applies in relation to the power to make arrangements under subsection (1) as it applies to a power of the Secretary of State to give directions under this Act.]

[F118CHAPTER 4E+WEnforcement

Textual Amendments

277EEnforcement of provisions under this PartE+W

(1)Regulations may make provision conferring on the Secretary of State the power to impose a financial penalty on a person, other than a public body, who without reasonable excuse—

(a)fails to comply with an information standard (unless the requirement for the person to comply has been waived by virtue of regulations under section 250(6B));

(b)fails to comply with a requirement to provide information imposed under section 251ZA(1), 251D(1)(b), 259(1)(a) or (aa) or 277A(1);

(c)provides information in response to such a requirement that is false or misleading to a material extent.

(2)The amount of the financial penalty is to be specified in, or determined in accordance with, the regulations.

(3)The regulations must include provision—

(a)requiring the Secretary of State, before imposing a financial penalty on a person, to give the person written notice (a “notice of intent”) of the proposed financial penalty;

(b)ensuring that the person is given an opportunity to make representations about the proposed financial penalty;

(c)requiring the Secretary of State, after the period for making representations, to decide whether to impose the financial penalty;

(d)requiring the Secretary of State, if the Secretary of State decides to impose the financial penalty, to give the person notice in writing (a “final notice”) imposing the penalty;

(e)enabling a person on whom a financial penalty is imposed to appeal to the First-tier Tribunal in accordance with the regulations;

(f)as to the powers of the Tribunal on such an appeal.

(4)The provision that may be made by the regulations includes provision—

(a)enabling a notice of intent or final notice to be withdrawn or amended;

(b)requiring the Secretary of State to withdraw a final notice in circumstances specified in the regulations;

(c)for a financial penalty to be increased by an amount specified in or determined in accordance with the regulations in the event of late payment;

(d)for the recovery of financial penalties in the county court.

(5)In this section “public body” has the meaning given by section 250(7).

277FDirections to Special Health Authority to exercise functions under section 277EE+W

The Secretary of State may—

(a)direct a Special Health Authority performing functions only or mainly in respect of England to exercise the functions of the Secretary of State under regulations made under section 277E;

(b)give the Special Health Authority directions about the exercise of those functions (including directions as to the processing of information that the body obtains in exercising those functions).]

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