Legislation – Health and Social Care Act 2012

Health and Social Care Act 2012, Section 253 is up to date with all changes known to be in force on or before 23 October 2025. 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.

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… General duties

253F1NHS England data functions: general

(1)

F2NHS 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 F3NHS England under section 250,

(b)

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

F4(c)

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

F5(ca)

the need to respect and promote the privacy of recipients of health services and of adult social care in England, F6…

F7(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 F8, and

(e)

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

F9(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.

F10(2A)

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

(3)

In this Chapter—

“adult social care”—
1. (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
2. (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.
F11“relevant data functions”, in relation to NHS England, means functions conferred on NHS England by or under—
1. (a)
  this Chapter and Chapter 3;
2. (b)
  regulations 15 and 16 of the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013;
3. (c)
  section 2 of the Access to Medical Treatments (Innovation) Act 2016;
4. (d)
  sections 7A and 19 of the Medicines and Medical Devices Act 2021.

Changes to legislation: