Legislation – Health and Social Care Act 2012

Health and Social Care Act 2012, Section 263 is up to date with all changes known to be in force on or before 10 April 2026. 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.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 263:

Pt. 9 Ch. 1B inserted by 2022 c. 31 s. 96
s. 105(3A) (3B) inserted by 2013 c. 24 Sch. 14 para. 21
s. 106(3A) (3B) inserted by 2013 c. 24 Sch. 14 para. 22
s. 259(1)(aa)(b) substituted for s. 259(1)(b) by 2022 c. 31 s. 98(b)
s. 259(1)(aa) words substituted by S.I. 2023/98 Sch. para. 17(11)(a)(iii) (This amendment comes in force at the same time as 2022 c. 31, s. 98 comes into force)
s. 259(10A)(10B) inserted by 2022 c. 31 s. 98(h)
s. 261(5)(da) inserted by 2026 c. 8 s. 3(2)
s. 261(5A) inserted by 2026 c. 8 s. 3(3)
s. 261(6A)(6B) inserted by 2026 c. 8 s. 3(4)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Pt. 9 Ch. 1B inserted by 2022 c. 31 s. 96
s. 105(3A) (3B) inserted by 2013 c. 24 Sch. 14 para. 21
s. 106(3A) (3B) inserted by 2013 c. 24 Sch. 14 para. 22
s. 259(1)(aa)(b) substituted for s. 259(1)(b) by 2022 c. 31 s. 98(b)
s. 259(1)(aa) words substituted by S.I. 2023/98 Sch. para. 17(11)(a)(iii) (This amendment comes in force at the same time as 2022 c. 31, s. 98 comes into force)
s. 259(10A)(10B) inserted by 2022 c. 31 s. 98(h)
s. 261(5)(da) inserted by 2026 c. 8 s. 3(2)
s. 261(5A) inserted by 2026 c. 8 s. 3(3)
s. 261(6A)(6B) inserted by 2026 c. 8 s. 3(4)

Functions: information systems

263Code of practice on confidential information

(1)

F1NHS 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, F2NHS England must consult—

(a)

the Secretary of State, F3and

F4(b)

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

(c)

such other persons as F5NHS England considers appropriate.

F6(4)

NHS England must not publish the code without the approval of the Secretary of State.

(5)

F7NHS 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.

F8(8)