Legislation – Health and Social Care Act 2012
Changes to legislation:
Health and Social Care Act 2012, Section 261 is up to date with all changes known to be in force on or before 07 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.
Changes and effects yet to be applied to Section 261:
- 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)
PART 9Health and adult social care services: information
CHAPTER 2NHS ENGLAND: HEALTH AND SOCIAL CARE INFORMATION ETC.
Functions: information systems
261Other dissemination of information
(1)
F1NHS 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).
F2(1A)
But F3NHS England may do so only if it considers that disseminating the information would be for F4purposes 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)
F3NHS 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)
(e)
F3NHS 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)
(4)
F5NHS 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 F5NHS England collected the information.
(5)
F6NHS 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 F7NHS England from disseminating information (otherwise than by publishing it) under or by virtue of any other provision of this or any other Act.
F8(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.