Health and Social Care Act 2012

261 Other dissemination of information E+W

(1) [F1 NHS 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).

[F2 (1A) But [F3 NHS England] may do so only if it considers that disseminating the information would be for [F4 purposes 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) [F3 NHS 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) [F3 NHS England] is prohibited from publishing the information only by virtue of it falling within section 260(2)(c) and [F3 NHS England] considers it would be in the public interest for the information to be disseminated;

(e) [F3 NHS 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) A direction under section 260(2)(d) may require [F3 NHS England] to disseminate information which [F3 NHS England] is prohibited from publishing only by virtue of the direction.

(4) [F5 NHS 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 [F5 NHS England] collected the information.

(5) [F6 NHS 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 [F7 NHS England] from disseminating information (otherwise than by publishing it) under or by virtue of any other provision of this or any other Act.

[F8 (8) 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.]

Textual Amendments

F1 Words in s. 261(1) 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(13)(a) (with reg. 3)

F2 S. 261(1A) inserted (15.7.2014) by Care Act 2014 (c. 23), ss. 122(3), 127(1); S.I. 2014/1714, art. 3(2)(d)

F3 Words in s. 261(1A)-(3) 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(13)(b) (with reg. 3)

F4 Words in s. 261(1A) substituted (1.10.2022) by Health and Care Act 2022 (c. 31), ss. 97(3), 186(6); S.I. 2022/1003, reg. 2(a)

F5 Words in s. 261(4) 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(13)(c) (with reg. 3)

F6 Words in s. 261(5) 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(13)(d) (with reg. 3)

F7 Words in s. 261(7) 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(13)(e) (with reg. 3)

F8 S. 261(8)(9) substituted for s. 261(8) (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(13)(f) (with reg. 3)

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))

Commencement Information

I1 S. 261 partly in force; s. 261 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I2 S. 261 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)