PART 9Health and adult social care services: information

C1CHAPTER 2F5NHS ENGLAND: HEALTH AND SOCIAL CARE INFORMATION ETC.

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C1

Pt. 9 Ch. 2: power to amend conferred (1.7.2022) by 2021 c. 3, s 43(3) (as inserted by Health and Care Act 2022 (c. 31), ss. 101(5)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30))

General and supplementary

I2274I1Powers of Secretary of State or F1NHS England to give directions

F101

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.

F61A

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 F11... by virtue of subsection (1) is subject to directions given by the Secretary of State F12... about the exercise of the function.

F72A

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 F13NHS 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.

F144

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

5

A power conferred under subsection (1)(a) F15or (1A) must provide that a direction must include provision requiring the body in question to provide F16NHS 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 F17NHS England for things done in the exercise of the function in respect of which the direction is given.

F187

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

8

A power conferred under subsection (1)(d) must provide that the giving of a direction does not prevent the Secretary of State F19... 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;

  • F2“NHS 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 F8subsection (1) or (1A);

  • F9systems 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.

274AF4Secretary 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.

I3275Interpretation of this Chapter

In this Chapter—

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

  • F3...

  • “devolved authority” means—

    1. a

      the Scottish Ministers;

    2. b

      the Welsh Ministers; and

    3. 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—

    1. a

      are of a public nature, or

    2. 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;

  • F20“relevant data functions” has the meaning given by section 253(3);

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

I4276Dissolution of predecessor body

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

I5277Consequential provision

Schedule 19 (which contains consequential provision) has effect.