Section 92 of the Care Act 2014 (“the Act”) creates an offence of supplying, publishing or otherwise making available information which is false or misleading in a material respect. The offence will apply: to such care providers and such information as is specified in regulations; and, where the information is supplied, published or made available under an enactment or other legal obligation.

Regulation 2 specifies, for the purposes of section 92(1) of the Act, NHS trusts in England, NHS foundation trusts and other persons who provide health services from a hospital, pursuant to arrangements with a public body.

Regulation 3 specifies information provided to the Health and Social Care Information Centre for the purposes of certain commissioning data sets, listed in Part 1 of the Schedule, and certain other information, listed in Part 2 of the Schedule, as the information to which section 92(1) of the Act applies.

Regulation 4 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within five years beginning with the day on which provisions of these Regulations first come into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the Regulations or to amend them.

A full Impact Assessment has not been produced for this instrument as no, or no significant, impact on the private sector or civil society organisations is foreseen. A full impact assessment has been produced in relation to the relevant provisions of the Act and a copy is available from the Department of Health, Richmond House, 79 Whitehall, London SW1A 2NS or at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/275546/FOMI_IA.pdf.