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Health and Social Care Act 2012

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This is the original version (as it was originally enacted).

259Powers to require and request provision of information
This sectionnoteType=Explanatory Notes has no associated

(1)The Information Centre may—

(a)require any person mentioned in subsection (2) to provide it with any information which the Centre considers it necessary or expedient for the Centre to have for the purposes of any function it exercises by virtue of this Chapter, and

(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 the Information Centre 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)In such a case, the Information Centre may, however, request any person mentioned in subsection (2) to provide it with any information which the Centre considers it necessary or expedient for the Centre to have for the purpose of complying with the request.

(5)A requirement under subsection (1)(a) must be complied with by providing the information to the Information Centre in such form and manner, and within such period, as the Centre may specify.

(6)If the Information Centre considers it appropriate to do so, the Centre may make a payment to any person who has provided information to the Centre pursuant to a request made under subsection (1)(b) in respect of the costs to that person of doing so.

(7)If the Information Centre considers it appropriate to do so, the Centre may make a payment to any person mentioned in subsection (2)(b) who has provided information to the Centre pursuant to a request made under subsection (4) in respect of the costs to that person of doing so.

(8)The Information Centre must publish a procedure for notifying persons of requirements imposed, and requests made, under this section.

(9)In imposing requirements under this section the Information Centre 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.

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