Legislation – Health and Social Care Act 2012

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Introduction

PART 1
The health service in England

1 Secretary of State’s duty to promote comprehensive health service

2 The Secretary of State’s duty as to improvement in quality of services

3 The Secretary of State’s duty as to the NHS Constitution

4 The Secretary of State’s duty as to reducing inequalities

5 The Secretary of State’s duty as to promoting autonomy

6 The Secretary of State’s duty as to research

7 The Secretary of State’s duty as to education and training

8 Secretary of State’s duty as to reporting on and reviewing treatment of providers

9 The NHS Commissioning Board

10 Clinical commissioning groups

11 The Secretary of State’s duty as to protection of public health

12 Duties as to improvement of public health

13 Duties of clinical commissioning groups as to commissioning certain health services

14 Power of clinical commissioning groups as to commissioning certain health services

15 Power to require Board to commission certain health services

16 Secure psychiatric services

17 Other services etc. provided as part of the health service

18 Regulations as to the exercise by local authorities of certain public health functions

19 Regulations relating to EU obligations

20 Regulations as to the exercise of functions by the Board or clinical commissioning groups

21 Functions of Special Health Authorities

22 Exercise of public health functions of the Secretary of State

23 The NHS Commissioning Board: further provision

24 Financial arrangements for the Board

25 Clinical commissioning groups: establishment etc.

26 Clinical commissioning groups: general duties etc.

27 Financial arrangements for clinical commissioning groups

28 Requirement for primary medical services provider to belong to clinical commissioning group

29 Other health service functions of local authorities under the 2006 Act

30 Appointment of directors of public health

31 Exercise of public health functions of local authorities

32 Complaints about exercise of public health functions by local authorities

33 Abolition of Strategic Health Authorities

34 Abolition of Primary Care Trusts

35 Fluoridation of water supplies

36 Procedural requirements in connection with fluoridation of water supplies

37 Fluoridation of water supplies: transitional provision

38 Approval functions

39 Discharge of patients

40 After-care

41 Provision of pocket money for in-patients

42 Transfers to and from special hospitals

43 Independent mental health advocates

44 Patients’ correspondence

45 Notification of hospitals having arrangements for special cases

46 Role of the Board and clinical commissioning groups in respect of emergencies

47 Secretary of State’s emergency powers

48 New Special Health Authorities

49 Primary care services: directions as to exercise of functions

50 Charges in respect of certain public health functions

51 Pharmaceutical services expenditure

52 Secretary of State’s duty to keep health service functions under review

53 Secretary of State’s annual report

54 Certification of death

55 Amendments related to Part 1 and transitional provision

PART 2
Further provision about public health

56 Abolition of Health Protection Agency

57 Functions in relation to biological substances

58 Radiation protection functions

59 Repeal of AIDS (Control) Act 1987

60 Co-operation with bodies exercising functions in relation to public health

PART 3
Regulation of health and adult social care services

CHAPTER 1 Monitor

61 Monitor

62 General duties

63 Secretary of State’s guidance on duty under section 62(9)

64 General duties: supplementary

65 Power to give Monitor functions relating to adult social care services

66 Matters to have regard to in exercise of functions

67 Conflicts between functions

68 Duty to review regulatory burdens

69 Duty to carry out impact assessments

70 Information

71 Failure to perform functions

CHAPTER 2 Competition

72 Functions under the Competition Act 1998

73 Functions under Part 4 of the Enterprise Act 2002

74 Competition functions: supplementary

75 Requirements as to procurement, patient choice and competition

76 Requirements under section 75: investigations, declarations and directions

77 Requirements under section 75: undertakings

78 Guidance

79 Mergers involving NHS foundation trusts

80 Co-operation with the CMA

CHAPTER 3 Licensing

Licensing requirement

81 Requirement for health service providers to be licensed

82 Deemed breach of requirement to be licensed

83 Exemption regulations

84 Exemption regulations: supplementary

Licensing procedure

85 Application for licence

86 Licensing criteria

87 Grant or refusal of licence

87A Application and grant: NHS trusts

88 Application and grant: NHS foundation trusts

89 Revocation of licence

90 Right to make representations

91 Notice of decisions

92 Appeals to the Tribunal

93 Register of licence holders

Licence conditions

94 Standard conditions

95 Special conditions

96 Limits on NHS England’s functions to set or modify licence conditions

97 Conditions: supplementary

98 Conditions relating to the continuation of the provision of services etc.

99 Notification of commissioners where continuation of services at risk

100 Modification of standard conditions

101 Modification references to the CMA

102 Modification of conditions by order under other enactments

103 Standard condition as to transparency of certain criteria

Enforcement

104 Power to require documents and information

105 Discretionary requirements

106 Enforcement undertakings

107 Further provision about enforcement powers

108 Guidance as to use of enforcement powers

109 Publication of enforcement action

110 Notification of enforcement action

Transitional provision

111 Imposition of licence conditions on NHS foundation trusts

112 Duration of transitional period

113 Orders under section 112: criteria for deciding applicable trusts

114 Repeal of sections 112 and 113

CHAPTER 4 The NHS payment scheme

114A The NHS payment scheme

114B The NHS payment scheme: enforcement

114C The NHS payment scheme: impact assessment and consultation

114D Objections to proposed NHS payment scheme

114E Amendments of the NHS payment scheme

114F Interpretation

115 Price payable by commissioners for NHS services

116 The national tariff

117 The national tariff: further provision

118 Consultation on proposals for the national tariff

119 Consultation: further provision

120 Responses to consultation

121 Determination on reference under section 120

122 Changes following determination on reference under section 120

123 Power to veto changes proposed under section 122

124 Local modifications of prices: agreements

125 Local modifications of prices: applications

126 Applications under section 125: notification of commissioners

127 Correction of mistakes

CHAPTER 5 Health special administration

128 Health special administration orders

129 Objective of a health special administration

130 Health special administration regulations

131 Transfer schemes

132 Indemnities

133 Modification of this Chapter under Enterprise Act 2002

CHAPTER 6 Financial assistance in special administration cases

Establishment of mechanisms

134 Duty to establish mechanisms for providing financial assistance

135 Power to establish fund

Applications for financial assistance

136 Applications

137 Grants and loans

Charges on commissioners

138 Power to impose charges on commissioners

Levy on providers

139 Imposition of levy

140 Power of Secretary of State to set limit on levy and charges

141 Consultation

142 Responses to consultation

143 Amount payable

Supplementary

144 Investment principles and reviews

145 Borrowing

146 Shortfall or excess of available funds, etc.

CHAPTER 7 Miscellaneous and general

147 Secretary of State’s duty as respects variation in provision of health services

148 Service of documents

149 Electronic communications

150 Interpretation, transitional provision and consequential amendments

PART 4
NHS foundation trusts & NHS trusts

151 Governors

152 Directors

153 Members

154 Accounts: initial arrangements

155 Accounts: variations to initial arrangements

156 Annual report and forward plan

157 Meetings

158 Voting

159 Authorisation

160 Bodies which may apply for foundation trust status

161 Amendment of constitution

162 Panel for advising governors

163 Financial powers

164 Goods and services

165 Private health care

166 Information

167 Significant transactions

168 Mergers

169 Acquisitions

170 Separations

171 Dissolution

172 Supplementary

173 Repeal of de-authorisation provisions

174 Trust special administrators

175 Objective of trust special administration

176 Procedure etc.

177 Action following final report

178 Sections 174 to 177: supplementary

179 Abolition of NHS trusts in England

180 Repeal of provisions on authorisation for NHS foundation trusts

PART 5
Public involvement and local government

CHAPTER 1 Public involvement

181 Healthwatch England

182 Activities relating to local care services

183 Local authority arrangements

184 Local arrangements: power to make further provision

185 Independent advocacy services

186 Requests, rights of entry and referrals

187 Annual reports

188 Transitional arrangements

189 Consequential provision

CHAPTER 2 Local government

190 Scrutiny functions of local authorities

191 Amendments consequential on section 190

192 Joint strategic needs assessments

193 Joint health and wellbeing strategies

194 Establishment of Health and Wellbeing Boards

195 Duty to encourage integrated working

196 Other functions of Health and Wellbeing Boards

197 Participation of NHS England

198 Discharge of functions of Health and Wellbeing Boards

199 Supply of information to Health and Wellbeing Boards

200 Care Trusts

CHAPTER 3 The Health Service Commissioner for England

201 Disclosure of reports etc. by the Health Service Commissioner

PART 6
Primary care services

202 Medical services: minor amendments

203 Persons eligible to enter into general dental services contracts

204 Arrangements under section 107 of the National Health Service Act 2006

205 Payments in respect of costs of sight tests

206 Pharmaceutical needs assessments

207 Control of entry on pharmaceutical lists

208 Lists of performers of pharmaceutical services and assistants etc.

PART 7
Regulation of health and social care workers

209 Power to regulate social workers etc. in England

210 Training etc. of approved mental health professionals in England

211 Orders regulating social care workers in England: further provision

212 Abolition of the General Social Care Council

213 Regulation of social workers in England

214 The Health and Care Professions Council

215 Functions of the Council in relation to social work in England

216 Appeals in cases involving social workers in England

217 Approval of courses for approved mental health professionals

218 Exercise of function of approving courses, etc.

219 Arrangements with other health or social care regulators

220 References in enactments to registered health professionals, etc.

221 Functions of the Secretary of State in relation to social care workers

222 The Professional Standards Authority for Health and Social Care

223 Functions of the Authority

224 Funding of the Authority

225 Power to advise regulatory bodies, investigate complaints, etc.

226 Accountability and governance

227 Appointments to regulatory bodies

228 Establishment of voluntary registers

229 Accreditation of voluntary registers

230 Consequential provisions and savings, etc.

231 Abolition of the Office of the Health Professions Adjudicator

PART 8
The National Institute for Health and Care Excellence

232 The National Institute for Health and Care Excellence

233 General duties

234 Quality standards

235 Supply of quality standards to other persons

236 Advice or guidance to the Secretary of State or NHS England

237 Advice, guidance, information and recommendations

238 NICE recommendations: appeals

239 Training

240 Advisory services

241 Commissioning guidance

242 NICE’s charter

243 Additional functions

244 Arrangements with other bodies

245 Failure by NICE to discharge any of its functions

246 Protection from personal liability

247 Interpretation of this Part

248 Dissolution of predecessor body

249 Consequential and transitional provision

PART 9
Health and adult social care services: information

CHAPTER 1 Information standards

250 Powers to publish information standards

251 Information standards: procedure etc

251ZA Information standards: compliance

Compliance with standards

251ZB Notice requesting compliance by relevant IT providers

251ZC Public censure of relevant IT providers

251ZD Exercise of functions of Secretary of State by other persons

Accreditation

251ZE Accreditation of information technology etc

CHAPTER 1A Continuity of Information

251A Consistent identifiers

251B Duty to share information

251C Continuity of information: interpretation

CHAPTER 2 NHS ENGLAND: HEALTH AND SOCIAL CARE INFORMATION ETC.

… General duties

252 The Health and Social Care Information Centre

253 NHS England data functions: general

Functions: information systems

254 Powers to direct NHS England to establish information systems

255 Powers to request NHS England to establish information systems

256 Requests for collection under section 255: confidential information

257 Requests under section 255: supplementary

258 Information systems: supplementary

259 Powers to require and request provision of information

260 Publication of information

261 Other dissemination of information

262 Other dissemination: directions and requests under sections 254 and 255

262A Publication and other dissemination: supplementary

263 Code of practice on confidential information

264 Information Register

265 Advice or guidance

Functions: quality of health and social care information

266 Assessment of quality of information

267 Power to establish accreditation scheme

Functions: other

268 Database of quality indicators

269 Power to confer functions in relation to identification of GPs

270 Additional functions

271 Arrangements with other bodies

272 Failure by Information Centre to discharge any of its functions

273 Protection from personal liability

General and supplementary

274 Powers of Secretary of State or NHS England to give directions

274A Secretary of State’s guidance about NHS England data functions

275 Interpretation of this Chapter

276 Dissolution of predecessor body

277 Consequential provision

CHAPTER 3 Information about adult social care

277A Provision of adult social care information to Secretary of State

277B Restrictions on onward disclosure of information

277C Directions to certain bodies to exercise functions under this Chapter

277D Arrangements with third parties

CHAPTER 4 Enforcement

277E Enforcement of provisions under this Part

277F Directions to Special Health Authority to exercise functions under section 277E

PART 10
Abolition of certain public bodies

278 The Alcohol Education and Research Council

279 The Appointments Commission

280 The National Information Governance Board for Health and Social Care

281 The National Patient Safety Agency

282 The NHS Institute for Innovation and Improvement

283 Standing advisory committees

PART 11
Miscellaneous

284 Special notices of births and deaths

285 Provision of information by Registrar General

286 Provision of information by Registrar General: Wales

287 Provision of statistical information by Statistics Board

288 Monitor: duty to co-operate with Care Quality Commission

289 Care Quality Commission: duty to co-operate with Monitor

290 Other duties to co-operate

291 Breaches of duties to co-operate

292 Requirement for Secretary of State to approve remuneration policy etc.

293 Conduct of reviews etc.

294 Failure to discharge functions

295 Arrangements between NHS England and Northern Ireland Ministers

296 Arrangements between NHS England and Scottish Ministers etc.

296A Arrangements between NHS England and devolved authorities in respect of education and training

297 Relationships between the health services

298 Advice or assistance to public authorities in the Isle of Man or Channel Islands

299 Certificate of consent of community patients to treatment

300 Transfer schemes

301 Transfer schemes: supplemental

302 Transfer schemes in respect of previously transferred property

PART 12
Final provisions

303 Power to make consequential provision

304 Regulations, orders and directions

305 Financial provision

306 Commencement

307 Commencement: consultation with Scottish Ministers

308 Extent

309 Short title

SCHEDULES

SCHEDULE 1 The National Health Service Commissioning Board

SCHEDULE 2 Clinical commissioning groups

SCHEDULE 3 Pharmaceutical remuneration

SCHEDULE 4 Amendments of the National Health Service Act 2006

SCHEDULE 5 Part 1: amendments of other enactments

SCHEDULE 6 Part 1: transitional provision

SCHEDULE 7 Abolition of the Health Protection Agency: consequential amendments

SCHEDULE 8 Monitor

SCHEDULE 9 Requirements under section 77: undertakings

SCHEDULE 10 References by Monitor to the CMA

SCHEDULE 11 Further provision about NHS England’s enforcement powers

SCHEDULE 12 Procedure on references under section 120

SCHEDULE 13 Part 3: minor and consequential amendments

SCHEDULE 14 Abolition of NHS trusts in England: consequential amendments

SCHEDULE 15 Part 7: consequential amendments and savings

SCHEDULE 16 The National Institute for Health and Care Excellence

SCHEDULE 17 Part 8: consequential amendments

SCHEDULE 18 The Health and Social Care Information Centre

SCHEDULE 19 Part 9: consequential amendments

SCHEDULE 20 Part 10: consequential amendments and savings

SCHEDULE 21 Amendments relating to relationships between the health services

SCHEDULE 22 Property transfer schemes

SCHEDULE 23 Staff transfer schemes

Changes to legislation:

Health and Social Care Act 2012, CHAPTER 2 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. Help about Changes to Legislation

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PART 9Health and adult social care services: information

CHAPTER 2F1NHS ENGLAND: HEALTH AND SOCIAL CARE INFORMATION ETC.

F2… General duties

F3252The Health and Social Care Information Centre

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

253F4NHS England data functions: general

(1)

F5NHS 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 F6NHS England under section 250,

(b)

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

F7(c)

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

F8(ca)

the need to respect and promote the privacy of recipients of health services and of adult social care in England, F9

F10(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 F11, and

(e)

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

F12(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.

F13(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.

  • F14relevant 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.

Functions: information systems

254Powers to direct F15NHS England to establish information systems

(1)

The Secretary of State F16… may direct F17NHS 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.

F18(3)

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

F19(4)

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

(5)

Before giving a direction under subsection (1) the Secretary of State F20… must consult F21NHS England.

F22(6)

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

F23(7)

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

255Powers to request F24NHS England to establish information systems

(1)

Any person (including a devolved authority) may request F25NHS 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)

F26NHS England must comply with a mandatory request unless F26NHS 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.

F27(5)

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

F28(6)

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

(7)

Subsection (8) applies where F29NHS 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, F30NHS England

(a)

must, in particular, consider whether doing so would interfere to an unreasonable extent with the exercise by F30NHS 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 F30NHS England under section 263, and

(ii)

advice or guidance given by F30NHS England under section 265.

(9)

In this section “principal body” means—

F31(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.

256Requests for collection under section 255: confidential information

(1)

A request under section 255 is a confidential collection request if it is a request for F32NHS 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 F32NHS England by the person holding it, or

(c)

relates to information which may otherwise be lawfully disclosed to F32NHS England or to R by the person holding it.

257Requests under section 255: supplementary

(1)

F33NHS England must publish procedures for—

(a)

the making and consideration of requests under section 255, and

(b)

the reconsideration by F33NHS 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 F33NHS England within a reasonable period for the purposes of the reconsideration.

(3)

F33NHS 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 F33NHS England.

(5)

F33NHS England must publish details of—

(a)

any mandatory request, and

(b)

any other request under section 255 with which F33NHS England is obliged, or decides, to comply.

258Information systems: supplementary

(1)

Before establishing an information system pursuant to a direction under section 254 or a request under section 255 F34NHS England must consult—

(a)

the person who gave the direction or made the request,

(b)

representatives of other persons who F34NHS 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 F34NHS England considers appropriate.

(2)

If F34NHS 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, F34NHS England may destroy the information.

259Powers to require and request provision of information

(1)

F35NHS England may—

(a)

require any person mentioned in subsection (2) to provide it with any information which F36NHS England considers it necessary or expedient for F36NHS 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 F37NHS 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, F37NHS England may, however, request any person mentioned in subsection (2) to provide it with any information which F37NHS England considers it necessary or expedient for F37NHS 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 F37NHS England in such form and manner, and within such period, as F37NHS England may specify.

(6)

If F37NHS England considers it appropriate to do so, F37NHS England may make a payment to any person who has provided information to F37NHS England pursuant to a request made under subsection (1)(b) in respect of the costs to that person of doing so.

(7)

If F37NHS England considers it appropriate to do so, F37NHS England may make a payment to any person mentioned in subsection (2)(b) who has provided information to F37NHS England pursuant to a request made under subsection (4) in respect of the costs to that person of doing so.

(8)

F37NHS England must publish a procedure for notifying persons of requirements imposed, and requests made, under this section.

(9)

In imposing requirements under this section F37NHS 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.

260Publication of information

(1)

F38NHS 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, F38NHS 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 F39NHS 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)

F39NHS 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 F39NHS England by the Secretary of State F40….

(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 F41NHS England publishes information which it obtains by complying with F42… a mandatory request under section 255, F41NHS England

(a)

must comply with the requirements (if any) specified in the F43… 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 F44NHS England publishes information which it obtains by complying with a request under section 255 other than a mandatory request, F44NHS 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, F45NHS England must have regard to—

(a)

the need for the information to be easily accessible,

(b)

the persons who F45NHS England considers likely to use the information, and

(c)

the uses to which F45NHS 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).

261Other dissemination of information

(1)

F46NHS 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).

F47(1A)

But F48NHS England may do so only if it considers that disseminating the information would be for F49purposes 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)

F48NHS 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)

F48NHS England is prohibited from publishing the information only by virtue of it falling within section 260(2)(c) and F48NHS England considers it would be in the public interest for the information to be disseminated;

(e)

F48NHS 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 F48NHS England to disseminate information which F48NHS England is prohibited from publishing only by virtue of the direction.

(4)

F50NHS 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 F50NHS England collected the information.

(5)

F51NHS 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 F52NHS England from disseminating information (otherwise than by publishing it) under or by virtue of any other provision of this or any other Act.

F53(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.

262Other dissemination: directions and requests under sections 254 and 255

F54(1)

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

F54(2)

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

F54(3)

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

(4)

A request under section 255 may request F55NHS 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 F56… request under section 255 may request, F57NHS England not to exercise the power conferred by section 261(1) or (4) in relation to information which it obtains by complying with the F58… request.

(6)

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

F59(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.

F60262APublication and other dissemination: supplementary

In exercising any function F61… of publishing or otherwise disseminating information F62obtained 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).

263Code of practice on confidential information

(1)

F63NHS 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, F64NHS England must consult—

(a)

the Secretary of State, F65and

F66(b)

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

(c)

such other persons as F67NHS England considers appropriate.

F68(4)

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

(5)

F69NHS 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.

F70(8)

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

264Information Register

F71NHS England must maintain and publish a register containing descriptions of the information which has been obtained by virtue of this Chapter.

265Advice or guidance

(1)

F72NHS 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 F73…, give advice or guidance on any such matter as may be specified in the request to—

(i)

the Secretary of State F74…;

(ii)

such other persons as may be specified in the request.

(2)

Those persons are—

(a)

the Secretary of State,

F75(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 F76NHS 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.

Functions: quality of health and social care information

266Assessment of quality of information

F77NHS 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.

267Power to establish accreditation scheme

(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 F78NHS 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.

Functions: other

268Database of quality indicators

(1)

Regulations may make provision conferring functions on F79NHS 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 F79NHS 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 F80NHS 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.

269Power to confer functions in relation to identification of GPs

(1)

Regulations may make provision conferring functions on F81NHS 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.

270Additional functions

(1)

F82NHS 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 F82NHS 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 F82NHS England of any function under or by virtue of any other provision of this or any other Act.

(3)

F82NHS 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.

F83(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).

F84271Arrangements with other bodies

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

F84272Failure by Information Centre to discharge any of its functions

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

F84273Protection from personal liability

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

General and supplementary

274Powers of Secretary of State or F85NHS England to give directions

F86(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.

F87(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 F88… by virtue of subsection (1) is subject to directions given by the Secretary of State F89… about the exercise of the function.

F90(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 F91NHS 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.

F92(4)

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

(5)

A power conferred under subsection (1)(a) F93or (1A) must provide that a direction must include provision requiring the body in question to provide F94NHS 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 F95NHS England for things done in the exercise of the function in respect of which the direction is given.

F96(7)

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

(8)

A power conferred under subsection (1)(d) must provide that the giving of a direction does not prevent the Secretary of State F97… 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;

F98NHS 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 F99subsection (1) or (1A);

F100systems 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.

F101274A.Secretary of State’s guidance about NHS England data functions

(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.

275Interpretation of this Chapter

In this Chapter—

adult social care” has the meaning given by section 253(3);

F102

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;

F103relevant data functions” has the meaning given by section 253(3);

relevant person” has the meaning given by section 260(7).

276Dissolution of predecessor body

The Special Health Authority known as the Health and Social Care Information Centre is abolished.

277Consequential provision

Schedule 19 (which contains consequential provision) has effect.