The Health and Care Act 2022 (Commencement No. 2 and Transitional and Saving Provision) Regulations 2022

Transitional provision in relation to requests from Monitor to the Health and Social Care Information Centre to establish information systems

9.—(1) Paragraph (2) applies where, before 1st July 2022, Monitor has requested the Health and Social Care Information Centre(1) (“the Information Centre”) to establish and operate a system for the collection or analysis of information under section 255 of the 2012 Act (powers to request Information Centre to establish information systems) and the request—

(a) has not been complied with;

(b) has been partially complied with; or

(c) continues to be complied with.

(2) In the circumstances described in paragraph (1), the request is to be treated as a direction by NHS England to the Information Centre under section 254 of the 2012 Act (powers to direct Information Centre to establish information systems) to establish and operate a system for the collection or, as the case may be, analysis of the information.

(3) For the purposes of paragraph (2)—

(a) section 254 of the 2012 Act is to be read as if subsection (3) and, insofar as it refers to NHS England(2), subsection (5), were omitted;

(b) section 258 of the 2012 Act (information systems: supplementary) is to be read as if subsection (1) were omitted.

(1)

The Health and Social Care Information Centre (known as NHS Digital) is a body corporate established under section 252(1) of the 2012 Act.

(2)

Paragraph 1 of Schedule 1 to the 2022 Act substitutes “NHS England” for references to “the Board” in section 254 of the 2012 Act.