LegalizeReform history
Access to Medical Reports Act 1988
2 versions
· 1988-07-29
2020-12-31
Access to Medical Reports Act 1988
Changes on 2020-12-31
@@ -12,19 +12,33 @@
- (1) In this Act—
- “the applicant” means the person referred to in section 3(1) below;
- “care” includes examination, investigation or diagnosis for the purposes of, or in connection with, any form of medical treatment;
- “employment purposes”, in the case of any individual, means the purposes in relation to the individual of any person by whom he is or has been, or is seeking to be, employed (whether under a contract of service or otherwise);
- “health professional” has the same meaning as in the Data Protection (Subject Access Modification) (Health) Order 1987;
- “insurance purposes”, in the case of any individual, means the purposes in relation to the individual of any person carrying on an insurance business with whom the individual has entered into, or is seeking to enter into, a contract of insurance, and “insurance business” and “contract of insurance” have the same meaning as in the Insurance Companies Act 1982;
- “medical practitioner” means a person registered under the Medical Act 1983;
- “medical report”, in the case of an individual, means a report relating to the physical or mental health of the individual prepared by a medical practitioner who is or has been responsible for the clinical care of the individual.
- “*the applicant*” means the person referred to in section 3(1) below;
- “*care*” includes examination, investigation or diagnosis for the purposes of, or in connection with, any form of medical treatment;
- “*employment purposes*”, in the case of any individual, means the purposes in relation to the individual of any person by whom he is or has been, or is seeking to be, employed (whether under a contract of service or otherwise);
- “*health professional*” has the same meaning as in the Data Protection Act 2018 (see section 204 of that Act);
“insurance purposes”, in a case of any individual who has entered into, or is seeking to enter into, a contract of insurance with an insurer, means the purposes of that insurer in relation to that individual;
“insurer” means—
- (a) a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to effect or carry out contracts of insurance;
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*medical practitioner*” means a person registered under the Medical Act 1983;
- “*medical report*”, in the case of an individual, means a report relating to the physical or mental health of the individual prepared by a medical practitioner who is or has been responsible for the clinical care of the individual.
- (1A) The definitions of “insurance purposes” and “insurer” in subsection (1) must be read with—
- (a) section 22 of the Financial Services and Markets Act 2000;
- (b) any relevant order under that section; and
- (c) Schedule 2 to that Act.
- (2) Any reference in this Act to the supply of a medical report for employment or insurance purposes shall be construed—
@@ -144,7 +158,7 @@
- (a) he shall notify the individual of that fact; but
- (b) he shall not supply the report unless he is notified by theindividual that the individual consents to its being supplied;
- (b) he shall not supply the report unless he is notified by the individual that the individual consents to its being supplied;
and accordingly, if he is so notified by the individual, the restrictions imposed by section 4(2) and (3) above on the supply of the report shall not have effect in relation to it.
@@ -154,7 +168,7 @@
- (1) If a court is satisfied on the application of an individual that any person, in connection with a medical report relating to that individual, has failed or is likely to fail to comply with any requirement of this Act, the court may order that person to comply with that requirement.
- (2) The jurisdiction conferred by this section shall be exercisable by a county court or, in Scotland, by the sheriff.
- (2) The jurisdiction conferred by this section shall be exercisable by the county court or, in Scotland, by the sheriff.
#### Notifications under this Act
1988-07-29
Access to Medical Reports Act 1988
original version
Text at this date