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(1)The Secretary of State may by regulations make provision conferring functions on the Health and Social Care Information Centre (“the HSCIC”) in connection with the establishment, maintenance and operation of a database containing information about—
(a)innovative medical treatments carried out by doctors in England, and
(b)the results of such treatments.
(2)In this section, “innovative medical treatment” means medical treatment for a condition that involves a departure from the existing range of accepted medical treatments for the condition.
(3)Regulations under subsection (1) may in particular—
(a)confer power on the HSCIC to make provision about—
(i)the information to be recorded in the database, and
(ii)procedures relating to the recording of information in the database;
(b)make provision for and in connection with access to information recorded in the database.
(4)The provision that may be made by virtue of subsection (3)(b) includes, in particular—
(a)provision requiring or authorising the HSCIC to disclose information—
(i)to specified persons or descriptions of person, or
(ii)for use for specified purposes;
(b)provision requiring or authorising the HSCIC to impose conditions to be complied with by persons to whom information is disclosed by virtue of paragraph (a) (which may include conditions restricting the use or further disclosure of information).
(5)Regulations under subsection (1) may be made in relation to innovative medical treatments generally or innovative medical treatments falling within a specified description.
(6)Before making regulations under subsection (1) the Secretary of State must consult the HSCIC.
(7)In this section, “specified” means specified in regulations under subsection (1).
(8)The power to make regulations under subsection (1) is exercisable by statutory instrument; and an instrument containing such regulations is subject to annulment in pursuance of a resolution of either House of Parliament.
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