Legislation – Health and Social Care Act 2012
Changes to legislation:
Health and Social Care Act 2012, Section 255 is up to date with all changes known to be in force on or before 24 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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PART 9Health and adult social care services: information
CHAPTER 2NHS ENGLAND: HEALTH AND SOCIAL CARE INFORMATION ETC.
Functions: information systems
255Powers to request F1NHS England to establish information systems
(1)
Any person (including a devolved authority) may request F2NHS 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)
(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.
F4(5)
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F5(6)
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(7)
Subsection (8) applies where F6NHS 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, F7NHS England—
(a)
must, in particular, consider whether doing so would interfere to an unreasonable extent with the exercise by F7NHS England of any of its functions, and
(9)
In this section “principal body” means—
F8(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.