PART 9Health and adult social care services: information

CHAPTER 2NHS ENGLAND: HEALTH AND SOCIAL CARE INFORMATION ETC.

Functions: information systems

255Powers to request F1NHS England to establish information systems

(1)

Any person (including a devolved authority) may request F2NHS England to establish and operate a system for the collection or analysis of information of a description specified in the request.

(2)

A request may be made under subsection (1) by a person only if the person considers that the information which could be obtained by complying with the request is information which it is necessary or expedient for the person to have in relation to the person's exercise of functions, or carrying out of activities, in connection with the provision of health care or adult social care.

(3)

F3NHS England must comply with a mandatory request unless F3NHS England considers that the request relates to information of a description prescribed in regulations.

(4)

For the purposes of this Chapter a request under subsection (1) is a mandatory request if—

(a)

it is made by a principal body, and

(b)

the body considers that the information which could be obtained by complying with the request is information which it is necessary or expedient for the body to have in relation to its discharge of a duty in connection with the provision of health services or of adult social care in England.

F4(5)

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F5(6)

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(7)

Subsection (8) applies where F6NHS England has discretion under this section as to whether to comply with—

(a)

a mandatory request, or

(b)

other request under subsection (1).

(8)

In deciding whether to comply with the request, F7NHS England—

(a)

must, in particular, consider whether doing so would interfere to an unreasonable extent with the exercise by F7NHS England of any of its functions, and

(b)

may take into account the extent to which the principal body or other person making the request has had regard to—

(i)

the code of practice prepared and published by F7NHS England under section 263, and

(ii)

advice or guidance given by F7NHS England under section 265.

(9)

In this section “principal body” means—

F8(a)

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

(b)

the Care Quality Commission,

(c)

the National Institute for Health and Care Excellence, and

(d)

such other persons as may be prescribed in regulations.

(10)

In this Chapter “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.