In Part 9 of the Health and Social Care Act 2012 (health and adult social care services: information), after section 251B (as inserted by section 3 of this Act) insert—
(1)This section applies for the purposes of sections 251A and 251B and this section.
(2)“Relevant health or adult social care commissioner or provider” means—
(a)any public body so far as it exercises functions in connection with the provision of health services, or of adult social care in England, and
(b)any person (other than a public body) so far as the person provides such services or care—
(i)pursuant to arrangements made with a public body exercising functions in connection with the provision of the services or care, and
(ii)otherwise than as a member or officer of a body or an employee of a person,
but this is subject to subsection (3).
(3)The Secretary of State may by regulations provide for a person to be excluded from the definition of “relevant health or adult social care commissioner or provider”, whether generally or in particular cases.
(4)Regulations under subsection (3) may, in particular, provide for a person to be excluded in relation to the exercise of particular functions or the exercise of functions in relation to particular descriptions of person, premises or institution.
(5)A reference to an inclusion or a disclosure being likely to facilitate the provision to an individual of health services or adult social care in England is to its being likely to facilitate that provision directly (rather than by means of a clinical trial, a study, an audit, or any other indirect means).
(6)“Anonymous access provider” means a relevant health or adult social care commissioner or provider (whether “the relevant person” under section 251A(3)(a) or 251B(1) or another person) whose services or care are, or may be, received by individuals anonymously due to the nature of the services or care.
(7)Other terms have the same meaning as in section 250 (and “processes” and “processed” are to be read in accordance with the meaning of “processing” in that section).”
Commencement Information
I1S. 4 in force at 25.6.2015 by S.I. 2015/1438, reg. 2(b)