PART 9Health and adult social care services: information
C1CHAPTER 2F17NHS ENGLAND: HEALTH AND SOCIAL CARE INFORMATION ETC.
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))
F18... General duties
Words in s. 252 cross-heading omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(3) (with reg. 3)
F44252The Health and Social Care Information Centre
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I10253F19NHS England data functions: general
1
F45NHS England must have regard to the following when exercising its relevant data functions other than those under the Medicines and Medical Devices Act 2021—
a
the information standards published by the Secretary of State or F5NHS England under section 250,
b
such guidance issued by the Secretary of State as the Secretary of State may require,
F47c
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F1ca
the need to respect and promote the privacy of recipients of health services and of adult social care in England,F11...
F12cb
the need to promote the effective and efficient planning, development and provision of health services and of adult social care in England,
d
the need to promote the effective, efficient and economic use of resources in the provision of health services and of adult social care in England F13, and
e
the need to balance the needs mentioned in this subsection against one another, so far as they compete.
F482
NHS England must seek to minimise the burdens it imposes on others when exercising its relevant data functions other than those under the Medicines and Medical Devices Act 2021.
F462A
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3
In this Chapter—
“adult social care”—
- a
includes all forms of personal care and other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance, but
- b
does not include anything provided by an establishment or agency for which Her Majesty's Chief Inspector of Education, Children's Services and Skills is the registration authority under section 5 of the Care Standards Act 2000;
- a
“health services” means services which must or may be provided as part of the health service in England.
Functions: information systems
I11C1C2254C1I1Powers to direct F20NHS England to establish information systems
1
2
A direction may be given under subsection (1) by the Secretary of State only if—
a
the Secretary of State considers that the information which could be obtained by complying with the direction is information which it is necessary or expedient for the Secretary of State to have in relation to the exercise by the Secretary of State of the Secretary of State's functions in connection with the provision of health services or of adult social care in England, or
b
the Secretary of State otherwise considers it to be in the interests of the health service in England or of the recipients or providers of adult social care in England for the direction to be given.
F493
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F64
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5
F546
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F557
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I12255C1I2Powers to request F21NHS England to establish information systems
1
Any person (including a devolved authority) may request F56NHS England to establish and operate a system for the collection or analysis of information of a description specified in the request.
2
A request may be made under subsection (1) by a person only if the person considers that the information which could be obtained by complying with the request is information which it is necessary or expedient for the person to have in relation to the person's exercise of functions, or carrying out of activities, in connection with the provision of health care or adult social care.
3
4
For the purposes of this Chapter a request under subsection (1) is a mandatory request if—
a
it is made by a principal body, and
b
the body considers that the information which could be obtained by complying with the request is information which it is necessary or expedient for the body to have in relation to its discharge of a duty in connection with the provision of health services or of adult social care in England.
F585
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F596
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7
Subsection (8) applies where F60NHS England has discretion under this section as to whether to comply with—
a
a mandatory request, or
b
other request under subsection (1).
8
In deciding whether to comply with the request, F61NHS England—
a
must, in particular, consider whether doing so would interfere to an unreasonable extent with the exercise by F61NHS England of any of its functions, and
9
In this section “principal body” means—
F7a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
the Care Quality Commission,
c
the National Institute for Health and Care Excellence, and
d
such other persons as may be prescribed in regulations.
10
In this Chapter “health care” includes all forms of health care whether relating to physical or mental health and also includes procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition.
I13256C1Requests for collection under section 255: confidential information
1
A request under section 255 is a confidential collection request if it is a request for F62NHS England to establish and operate a system for the collection of information which is in a form which—
a
identifies any individual to whom the information relates who is not an individual who provides health care or adult social care, or
b
enables the identity of such an individual to be ascertained.
2
A person may make a confidential collection request under section 255 only if the request—
a
is a mandatory request,
b
relates to information which the person making the request (“R”) may require to be disclosed to R or to F62NHS England by the person holding it, or
c
relates to information which may otherwise be lawfully disclosed to F62NHS England or to R by the person holding it.
I14257C1Requests under section 255: supplementary
1
F63NHS England must publish procedures for—
a
the making and consideration of requests under section 255, and
b
the reconsideration by F63NHS England of a decision not to comply with such a request.
2
The procedure mentioned in subsection (1)(b) must provide for the person who made the request to have an opportunity to make representations to F63NHS England within a reasonable period for the purposes of the reconsideration.
3
F63NHS England may charge a person a reasonable fee in respect of the cost of complying with a request made by that person under section 255.
4
Before making a request under section 255 a person must consult F63NHS England.
5
F63NHS England must publish details of—
a
any mandatory request, and
b
any other request under section 255 with which F63NHS England is obliged, or decides, to comply.
I15C1C3258C1Information systems: supplementary
1
Before establishing an information system pursuant to a direction under section 254 or a request under section 255 F64NHS England must consult—
a
the person who gave the direction or made the request,
b
representatives of other persons who F64NHS England considers are likely to use the information to which the direction or request relates,
c
representatives of persons from whom any information will be collected, and
d
such other persons as F64NHS England considers appropriate.
2
I16259C1Powers to require and request provision of information
1
F66NHS England may—
a
b
request any other person to provide it with such information.
2
Those persons are—
a
a health or social care body;
b
any person (other than a public body) who provides health services, or adult social care in England, pursuant to arrangements made with a public body exercising functions in connection with the provision of such services or care.
3
But F67NHS England may not impose a requirement under subsection (1)(a) for the purpose of complying with a confidential collection request falling within section 256(2)(c).
4
5
6
7
8
F67NHS England must publish a procedure for notifying persons of requirements imposed, and requests made, under this section.
9
In imposing requirements under this section F67NHS England must co-operate with any other person who is authorised to require the provision of information by a person mentioned in subsection (2).
10
The provision of information under this section—
a
does not breach any obligation of confidence owed by the person providing it, but
b
is subject to any express restriction on disclosure imposed by or under another Act (other than any restriction which allows disclosure if authorised by or under an Act).
11
In this Chapter “health or social care body” means a public body which exercises functions in connection with the provision of health services or of adult social care in England.
I17260C1I3Publication of information
1
F36NHS England must publish all information which it obtains by complying with a direction under section 254 or a request under section 255 unless the information falls within subsection (2); and, subject to subsection (3), if the information falls within that subsection, F36NHS England must not publish it.
2
Information falls within this subsection if—
a
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 F37NHS England, after taking into account the public interest as well as the interests of the relevant person, considers that it is not appropriate for the information to be published,
b
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,
c
F37NHS England considers that—
i
the information fails to meet the information standards published under section 250 (so far as they are applicable), and
ii
it would not be in the public interest to publish the information, or
3
A direction under section 254 may provide that the obligation to publish imposed by subsection (1) applies to information falling within subsection (2)(a) which is obtained by complying with the direction.
4
Where F39NHS England publishes information which it obtains by complying with F40... a mandatory request under section 255, F39NHS England—
a
must comply with the requirements (if any) specified in the F41... mandatory request as to the form, manner and timing of publication of the information, and
b
may publish the information in such other form and such other manner, and at such other times, as it considers appropriate.
5
Where F42NHS England publishes information which it obtains by complying with a request under section 255 other than a mandatory request, F42NHS England—
a
may act in accordance with such provision (if any) as may be included in the request as to the form, manner and timing of publication of the information, and
b
may publish the information in such other form and such other manner, and at such other times, as it considers appropriate.
6
In considering the appropriate form, manner and timing of publication of information under this section, F43NHS England must have regard to—
a
the need for the information to be easily accessible,
b
the persons who F43NHS England considers likely to use the information, and
c
the uses to which F43NHS England considers the information is likely to be put.
7
In this Chapter “relevant person” means—
a
any person who provides health care or adult social care, or
b
any body corporate not falling within paragraph (a).
I18261C1I4Other dissemination of information
1
F69NHS 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).
F21A
But F73NHS England may do so only if it considers that disseminating the information would be for F14purposes 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
F73NHS 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
F73NHS 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
F70NHS 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 F70NHS England collected the information.
5
F71NHS 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 F72NHS England from disseminating information (otherwise than by publishing it) under or by virtue of any other provision of this or any other Act.
F688
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.
I19262C1I5Other dissemination: directions and requests under sections 254 and 255
F791
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F792
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F793
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4
A request under section 255 may request F74NHS England to exercise—
a
the power conferred by section 261(1) or (4) in relation to information which it obtains by complying with the request, or
b
any other power it has to disseminate such information under or by virtue of any other provision of this or any other Act.
5
6
Section 255(3) does not apply in relation to anything included in a mandatory request by virtue of subsection (4) or (5).
F787
A request made to NHS England in accordance with this section to disseminate information may include a request about the persons to whom the information is to be disseminated and the form, manner and timing of dissemination.
262AC1F3Publication and other dissemination: supplementary
In exercising any function F80... of publishing or otherwise disseminating information F81obtained in connection with the exercise of its relevant data functions, NHS England must have regard to any advice given to it by the committee appointed by the Health Research Authority under paragraph 8(1) of Schedule 7 to the Care Act 2014 (committee to advise in connection with information dissemination etc).
I20263C1Code of practice on confidential information
1
F83NHS England must prepare and publish a code in respect of the practice to be followed in relation to the collection, analysis, publication and other dissemination of confidential information concerning, or connected with, the provision of health services or of adult social care in England.
2
For the purposes of this section “confidential information” is—
a
information which is in a form which identifies any individual to whom the information relates or enables the identity of such an individual to be ascertained, or
b
any other information in respect of which the person who holds it owes an obligation of confidence.
3
Before publishing the code, F84NHS England must consult—
a
the Secretary of State, F85and
F86b
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c
such other persons as F87NHS England considers appropriate.
F884
NHS England must not publish the code without the approval of the Secretary of State.
5
F89NHS England must keep the code under review and may revise it as it considers appropriate (and a reference in this section to the code includes a reference to any revised code).
6
A health or social care body must have regard to the code in exercising functions in connection with the provision of health services or of adult social care in England.
7
A person, other than a public body, who provides health services, or adult social care in England, pursuant to arrangements made with a public body exercising functions in connection with the provision of such services or care must, in providing those services or that care, have regard to the code.
F828
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I21264C1Information Register
F90NHS England must maintain and publish a register containing descriptions of the information which has been obtained by virtue of this Chapter.
I22265C1Advice or guidance
1
F91NHS England—
a
may give advice or guidance to any person mentioned in subsection (2) on any matter relating to the collection, analysis, publication or other dissemination of information, and
2
Those persons are—
a
the Secretary of State,
F94b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
any person who makes, or is proposing to make, a request under section 255,
d
any health or social care body, and
e
any person (including a devolved authority) who collects, or is proposing to collect, information which relates to the provision of health care or adult social care.
3
The Secretary of State must, at least once in any review period, exercise the power under subsection (1)(b) by requesting F95NHS England to give the Secretary of State advice about ways in which the burdens relating to the collection of information imposed on health or social care bodies and other persons may be minimised.
4
For the purposes of subsection (3) a review period is—
a
the period of 3 years beginning with the day on which this section comes into force, and
b
each subsequent period of 3 years.
5
A health or social care body to whom advice or guidance is given under this section must have regard to the advice or guidance in exercising functions in connection with the provision of health services or of adult social care in England.
6
A person, other than a public body, who provides health services, or adult social care in England, pursuant to arrangements made with a public body exercising functions in connection with the provision of such services or care must, in providing those services or that care, have regard to any advice or guidance given to the person under this section.
Functions: quality of health and social care information
I23266Assessment of quality of information
F96NHS England must from time to time—
a
assess the extent to which information it collects pursuant to a direction under section 254 or a request under 255 meets the information standards published under section 250 (so far as they are applicable), and
b
publish a record of the results of the assessment.
I24267I6Power to establish accreditation scheme
1
Regulations may make provision for the establishment and operation of a scheme for the accreditation of information service providers (“the accreditation scheme”).
2
The regulations may provide that the accreditation scheme is to be established and operated by F97NHS England or such other person as the Secretary of State may specify in the regulations (the “operator”).
3
The regulations may, in particular, confer power on the operator—
a
to establish the procedure for accrediting information service providers under the scheme,
b
to set the criteria to be met by a provider in order to be accredited (“the accreditation criteria”),
c
to keep an accreditation under the scheme under review, and
d
to charge a reasonable fee in respect of an application for accreditation.
4
The regulations may make provision requiring the operator—
a
to publish details of the scheme, including, in particular, the accreditation criteria,
b
to provide for the review of a decision to refuse an application for accreditation, and
c
to provide advice to applicants for accreditation with a view to ensuring that they meet the accreditation criteria.
5
In this section “information service provider” means any person other than a public body who provides services involving the collection, analysis, publication or other dissemination of information in connection with the provision of health services or of adult social care in England.
Functions: other
I25268I7Database of quality indicators
1
Regulations may make provision conferring functions on F98NHS England in connection with the establishment, maintenance and publication of a database of quality indicators in relation to the provision of health services and of adult social care in England.
2
The regulations may, in particular, make provision about—
a
the persons who may propose a quality indicator for inclusion in the database,
b
the giving of advice and guidance by F98NHS England to such persons in relation to such a proposal,
c
the assessment and approval of quality indicators proposed for inclusion in the database by such person as the Secretary of State or F8NHS England may direct, and
d
the inclusion in the database of guidance about how providers may demonstrate performance measured against the quality indicators.
3
In this section a “quality indicator” means a factor by reference to which performance in the provision of services or care can be measured.
I26269I8Power to confer functions in relation to identification of GPs
1
Regulations may make provision conferring functions on F99NHS England in connection with the verification of the identity of general medical practitioners for purposes connected with the health service in England.
2
In subsection (1) “general medical practitioners” means persons registered in the General Practitioner Register kept by the General Medical Council.
I27270Additional functions
1
F100NHS England may do any of the following—
a
acquire, produce, manufacture and supply goods,
b
acquire land by agreement and manage and deal with land,
c
supply accommodation to any person,
d
supply services to any person and provide new services,
e
provide instruction for any person, and
f
develop and exploit ideas and exploit intellectual property.
2
But F100NHS England may exercise a power under subsection (1) only—
a
if doing so involves, or is connected with, the collection, analysis, publication or other dissemination of information, and
b
to the extent that its exercise does not to any significant extent interfere with the performance by F100NHS England of any function under or by virtue of any other provision of this or any other Act.
3
F100NHS England may—
a
charge for anything it does in the exercise of a power under subsection (1), and
b
calculate any such charge on the basis that it considers to be the appropriate commercial basis.
F1014
Nothing in this section is to be read as limiting any power that NHS England has apart from this section to do the things listed in subsection (1).
F15271Arrangements with other bodies
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F15272Failure by Information Centre to discharge any of its functions
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F15273Protection from personal liability
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General and supplementary
I28274I9Powers of Secretary of State or F4NHS England to give directions
F261
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.
F221A
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
F232A
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 F29NHS 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.
F304
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5
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 F33NHS England for things done in the exercise of the function in respect of which the direction is given.
F347
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8
A power conferred under subsection (1)(d) must provide that the giving of a direction does not prevent the Secretary of State F35... 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;
F9“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 F24subsection (1) or (1A);
F25systems 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.
274AF16Secretary 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.
I29275Interpretation of this Chapter
In this Chapter—
“adult social care” has the meaning given by section 253(3);
F10...
“devolved authority” means—
- a
the Scottish Ministers;
- b
the Welsh Ministers; and
- c
a Northern Ireland Minister;
- a
“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—
- a
are of a public nature, or
- 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;
- a
F102“relevant data functions” has the meaning given by section 253(3);
“relevant person” has the meaning given by section 260(7).
I30276Dissolution of predecessor body
The Special Health Authority known as the Health and Social Care Information Centre is abolished.
I31277Consequential provision
Schedule 19 (which contains consequential provision) has effect.
Pt. 9 Ch. 2 heading substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(2) (with reg. 3)