- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
78.—(1) Subject to sub-paragraph (2), where the contractor receives a written request from the Patients' Forum established for the Primary Care Trust to produce any information which appears to the Forum to be necessary for the effective carrying out of its functions it shall comply with that request promptly and in any event no later than the twentieth working day following the date the request was made.
(2) The contractor shall not be required to produce information under sub-paragraph (1) which—
(a)is confidential and relates to a living individual, unless at least one of the conditions specified in sub-paragraph (3) applies; or
(b)is prohibited from disclosure by or under any enactment or any ruling of a court of competent jurisdiction or is protected by the common law, unless sub-paragraph (4) applies.
(3) The conditions referred to in sub-paragraph (2)(a) are—
(a)the information can be disclosed in a form from which the identity of the individual cannot be ascertained; or
(b)the individual consents to the information being disclosed.
(4) This paragraph applies where—
(a)the prohibition of the disclosure of information arises because the information is capable of identifying an individual; and
(b)the information can be disclosed in a form from which the identity of the individual cannot be ascertained.
(5) In a case where the information falls within—
(a)sub-paragraph (2)(a) and the condition in sub-paragraph (3)(a) applies; or
(b)sub-paragraph (2)(b) and sub-paragraph (4) applies,
a Patients' Forum may require the contractor to disclose the information in a form from which the identity of the individual concerned cannot be ascertained.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: