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The Access to Health Records (Northern Ireland) Order 1993

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Supplementary

Applications to the court

10.—(1) Subject to paragraph (2), where the court is satisfied, on an application made by the person concerned within such period as may be prescribed by rules of court, that the holder of a health record has failed to comply with any requirement of this Order, the court may order the holder to comply with that requirement.

(2) The court shall not entertain an application under paragraph (1) unless it is satisfied that the applicant has taken all such steps to secure compliance with the requirement as may be prescribed by regulations made by the Department.

(3) For the purposes of paragraph (2), the Department may by regulations require the holders of health records to make such arrangements for dealing with complaints that they have failed to comply with any requirements of this Order as may be prescribed by the regulations.

(4) For the purpose of determining any question whether an applicant is entitled to be given access under Article 5(2) to any health record, or any part of a health record, the court—

(a)may require the record or part to be made available for its own inspection; but

(b)shall not, pending determination of that question in the applicant’s favour, require the record or part to be disclosed to him or his representatives whether by discovery or otherwise.

(5) The jurisdiction conferred by this Article shall be exercisable by the High Court or a county court.

Avoidance of certain contractual terms

11.  Any term or condition of a contract shall be void in so far as it purports to require an individual to supply any other person with a copy of a health record, or of an extract from a health record, to which he has been given access under Article 5(2).

Regulations

12.  Any regulations under this Order shall be subject to negative resolution.

Consequential amendment

13.  In section 33(6) of the Human Fertilisation and Embryology Act(1) 1990 (general exceptions from subsection (5)) the word “or” at the end of paragraph ((g) is hereby repealed and after paragraph (h) there shall be inserted

or

(i)under Article 5 of the Access to Health Records (Northern Ireland) Order 1993 (right of access to health records)..

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