PART 9Health and adult social care services: information

CHAPTER 1Information standards

250Powers to publish information standards

(1)

The Secretary of State or F1NHS England may prepare and publish an information standard.

F2(2)

For the purposes of this Part “an information standard” is a standard in relation to the processing of information.

(2A)

An information standard must specify to whom it applies.

(2B)

An information standard may apply to one or more persons falling within the following paragraphs—

(a)

the Secretary of State;

(b)

NHS England;

(c)

a public body which exercises functions in connection with the provision of health care or of adult social care in England;

(d)

any person, other than a public body, who is required to be registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the carrying on of a regulated activity (within the meaning of Part 1 of that Act).

(3)

The Secretary of State may exercise the power under subsection (1) only in relation to information concerning, or connected with, the provision of health F3care or of adult social care in England.

(4)

F4NHS England may exercise the power under subsection (1) only in relation to information concerning, or connected with, the provision of NHS services.

F5(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(6)

The Secretary of State must—

(a)

have regard to any information standard published by NHS England that applies to the Secretary of State, and

(b)

comply with any information standard published by the Secretary of State that applies to the Secretary of State.

(6A)

Any other person to whom an information standard published under this section applies must comply with the information standard, except in so far as the requirement to comply is waived (see subsection (6B)).

(6B)

Regulations may confer on a person who publishes an information standard the power to waive a person’s requirement to comply with the information standard (in whole or in part and generally or for a specific period).

(6C)

The regulations may include provision—

(a)

limiting the circumstances in which waivers may be granted;

(b)

setting out the procedure to be followed in connection with waivers;

(c)

requiring an information standard to include specified information about waivers.

(6D)

For enforcement of information standards against persons other than public bodies, see section 277E.

(d)

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.

(7)

In this section—

  • “adult social care”—

    1. (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

    2. (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;

  • F7“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;

  • F8...

  • 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);

  • F10“processing” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(4) and (14) of that Act);

  • “public body” means a body or other person whose functions—

    1. (a)

      are of a public nature, or

    2. (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.