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Access to Health Records Act 1990

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PreliminaryE+W+S

1“Health record” and related expressions.E+W

(1)In this Act “health record” means a record which—

(a)consists of information relating to the physical or mental health of an individual who can be identified from that information, or from that and other information in the possession of the holder of the record; and

(b)has been made by or on behalf of a health professional in connection with the care of that individual;

F1. . ..

(2)In this Act “holder”, in relation to a health record, means—

[F2(a)in the case of a record made by a health professional performing primary medical services under a general medical services contract made with [F3the National Health Service Commissioning Board or a] Local Health Board, the person or body who entered into the contract with the F4... Board (or, in a case where more than one person so entered into the contract, any such person);

(aa)in the case of a record made by a health professional performing such services in accordance with arrangements under [F5section 92 or 107 of the National Health Service Act 2006, or section 50 or 64 of the National Health Service (Wales) Act 2006,] with [F6the National Health Service Commissioning Board or a] Local Health Board, the person or body which made the arrangements with the F7... Board (or, in a case where more than one person so made the arrangements, any such person);]

(b)in the case of a record made by a health professional for purposes connected with the provision of health services by a health service body [F8(and not falling within paragraph (aa) above)] , the health service body by which or on whose behalf the record is held;

(c)in any other case, the health professional by whom or on whose behalf the record is held.

(3)In this Act “patient”, in relation to a health record, means the individual in connection with whose care the record has been made.

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Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Amendments (Textual)

F1Words in s. 1(1) repealed (1.3.2000) by 1998 c. 29, s. 74(2), Sch. 16 Pt. I; S.I 2000/183, art. 2(1)

Modifications etc. (not altering text)

1“Health record” and related expressions.S

(1)In this Act “health record” means a record which—

(a)consists of information relating to the physical or mental health of an individual who can be identified from that information, or from that and other information in the possession of the holder of the record; and

(b)has been made by or on behalf of a health professional in connection with the care of that individual;

F1. . ..

(2)In this Act “holder”, in relation to a health record, means—

[F10(a)in the case of a record made by a health professional performing primary medical services under a general medical services contract made with a Health Board, the person who entered into the contract with the Board;

(aa)in the case of a record made by a health professional performing such services in accordance with arrangements under section 17C of the National Health Service (Scotland) Act 1978 with a Health Board, the person who made the arrangements with the Board;]

(b)in the case of a record made by a health professional for purposes connected with the provision of health services by a health service body [F11(and not falling within paragraph (aa) above)] , the health service body by which or on whose behalf the record is held;

(c)in any other case, the health professional by whom or on whose behalf the record is held.

(3)In this Act “patient”, in relation to a health record, means the individual in connection with whose care the record has been made.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Amendments (Textual)

F1Words in s. 1(1) repealed (1.3.2000) by 1998 c. 29, s. 74(2), Sch. 16 Pt. I; S.I 2000/183, art. 2(1)

Modifications etc. (not altering text)

C2S. 1(2)(a) modified (S.) (1.4.2004) by The General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004 (S.S.I. 2004/163), art. 96(2)(b)

[F92 Health professionals.E+W+S

In this Act “health professional” has the same meaning as in the Data Protection Act 1998.]

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F9S. 2 substituted (1.3.2000) by 1998 c. 29, s. 74(2), Sch. 16 Pt. I; S.I. 2000/183, art. 2(1)

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