PART 9Health and adult social care services: information

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

Functions: information systems

259Powers to require and request provision of information

(1)

F1NHS England may—

(a)

require any person mentioned in subsection (2) to provide it with any information which F2NHS England considers it necessary or expedient for F2NHS England to have for the purposes of any function it exercises by virtue of this Chapter, and

(b)

request any other person to provide it with such information.

(2)

Those persons are—

(a)

a health or social care body;

(b)

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.

(3)

But F3NHS England may not impose a requirement under subsection (1)(a) for the purpose of complying with a confidential collection request falling within section 256(2)(c).

(4)

In such a case, F3NHS England may, however, request any person mentioned in subsection (2) to provide it with any information which F3NHS England considers it necessary or expedient for F3NHS England to have for the purpose of complying with the request.

(5)

A requirement under subsection (1)(a) must be complied with by providing the information to F3NHS England in such form and manner, and within such period, as F3NHS England may specify.

(6)

If F3NHS England considers it appropriate to do so, F3NHS England may make a payment to any person who has provided information to F3NHS England pursuant to a request made under subsection (1)(b) in respect of the costs to that person of doing so.

(7)

If F3NHS England considers it appropriate to do so, F3NHS England may make a payment to any person mentioned in subsection (2)(b) who has provided information to F3NHS England pursuant to a request made under subsection (4) in respect of the costs to that person of doing so.

(8)

F3NHS England must publish a procedure for notifying persons of requirements imposed, and requests made, under this section.

(9)

In imposing requirements under this section F3NHS England must co-operate with any other person who is authorised to require the provision of information by a person mentioned in subsection (2).

(10)

The provision of information under this section—

(a)

does not breach any obligation of confidence owed by the person providing it, but

(b)

is subject to any express restriction on disclosure imposed by or under another Act (other than any restriction which allows disclosure if authorised by or under an Act).

(11)

In this Chapter “health or social care body” means a public body which exercises functions in connection with the provision of health services or of adult social care in England.