[^key-1ed6bb140516fad71f8355f9d04b8c06]: Pt. 3 Ch. 4 (ss. 114A-114F) substituted for Pt. 3 Ch. 4 (ss. 115-127) (1.7.2022 but only for the insertion of ss. 114C, 114D for specified purposes, 1.4.2023 in so far as not already in force) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 10 para. 3; S.I. 2022/734, reg. 2(b) (with regs. 13, 29, 30); S.I. 2023/371, reg. 2(d)

[^key-319af3f4bf3b34b45845cd10ef0d8895]: S. 304(5)(g) substituted (1.7.2022 for specified purposes, 1.4.2023 in so far as not already in force) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 10 para. 4; S.I. 2022/734, reg. 2(b) (with regs. 13, 29, 30); S.I. 2023/371, reg. 2(d)

[^key-afed82ca7a0a2a837e13d2a2732946fe]: S. 87A inserted (1.4.2023) by Health and Care Act 2022 (c. 31), ss. 51(2), 186(6); S.I. 2023/371, reg. 2(c)

[^key-a3969e73605e557bc59561fd7586cfdf]: S. 296A inserted (1.4.2023) by The Health Education England (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/368), reg. 1(2), Sch. 1 para. 12(3) (with reg. 7)

[^key-74efb1f518ff9c30d058444043f0a303]: S. 290(3)(ca) omitted (1.4.2023) by virtue of The Health Education England (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/368), reg. 1(2), Sch. 1 para. 12(2) (with reg. 7)

[^key-b377a07c37aec5cb63bd3b748bb3ebd1]: S. 54 omitted (1.10.2023) by virtue of Health and Care Act 2022 (c. 31), ss. 169(6), 186(6); S.I. 2023/1035, reg. 2(b)

[^key-ced1d83d3dca245683d839d4f5deddee]: Sch. 9 omitted (1.1.2024) by virtue of Health and Care Act 2022 (c. 31), ss. 80(2), 186(6); S.I. 2023/1431, reg. 3(c) (with reg. 5)

[^key-02c3693b4d8d52bfe9fe722de9e2ac08]: Ss. 75-78 omitted (1.1.2024) by virtue of Health and Care Act 2022 (c. 31), ss. 80(2), 186(6); S.I. 2023/1431, reg. 3(c) (with reg. 5)

[^key-a801d651e613ebc66855d10596be0fad]: Act: power to amend conferred (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 138(2)-(7), 339(2)(c); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 10, 20)

[^M_F_d10edacd-2859-41dc-d4cf-6cf6c74d1c67]: S 251ZA cross-heading inserted (19.6.2025 for specified purposes) by Data (Use and Access) Act 2025 (c. 18), s. 142(1)(2)(h), Sch. 15 para. 6

[^key-e0d6fd2cacb4682f0cc57a1b527fb4a8]: Ss. 251ZB-251ZE and cross-heading inserted (19.6.2025 for specified purposes, 5.2.2026 in so far as not already in force) by Data (Use and Access) Act 2025 (c. 18), s. 142(1)(2)(h), Sch. 15 para. 8; S.I. 2026/82, reg. 2(z15)

[^key-347aaabf96d8ca6d09b53e5f63e51810]: Ss. 251, 251ZA substituted for s. 251 (7.7.2025) by Health and Care Act 2022 (c. 31), ss. 95(3), 186(6); S.I. 2025/807, reg. 2 (with reg. 3)

[^key-919cace9f83248d5852edfd63b7feb23]: S. 250(2)-(2B) substituted for s. 250(2) (7.7.2025) by Health and Care Act 2022 (c. 31), ss. 95(2)(a), 186(6); S.I. 2025/807, reg. 2 (with reg. 3)

[^key-0ab56517908468c5c1f4380bee2666e0]: S. 250(6)-(6D) substituted for s. 250(6) (7.7.2025) by Health and Care Act 2022 (c. 31), ss. 95(2)(d), 186(6); S.I. 2025/807, reg. 2 (with reg. 3)

[^key-96cd9116e6551879fa43ae49a688509e]: Word in s. 250(3) substituted (7.7.2025) by Health and Care Act 2022 (c. 31), ss. 95(2)(b), 186(6); S.I. 2025/807, reg. 2 (with reg. 3)

[^key-719efca3a6ee56a1e8eb7548e41425d6]: S. 250(5) omitted (7.7.2025) by virtue of Health and Care Act 2022 (c. 31), ss. 95(2)(c), 186(6); S.I. 2025/807, reg. 2 (with reg. 3)

[^key-e76bb049b4300d0e81854fc8b28391b5]: Words in s. 250(7) inserted (7.7.2025) by Health and Care Act 2022 (c. 31), ss. 95(2)(e)(i), 186(6); S.I. 2025/807, reg. 2 (with reg. 3)

[^key-d2a447a55e8409ee1d229007134e8f72]: Words in s. 250(7) omitted (7.7.2025) by virtue of Health and Care Act 2022 (c. 31), ss. 95(2)(e)(ii), 186(6); S.I. 2025/807, reg. 2 (with reg. 3)

[^key-ec00b1ac1156899053d0a22de3003b9b]: S. 251C(6A) inserted (7.7.2025) by Health and Care Act 2022 (c. 31), ss. 95(4)(a), 186(6); S.I. 2025/807, reg. 2 (with reg. 3)

[^key-77f86a682c93395afa5c490fabb04634]: S. 251C(7) substituted (7.7.2025) by Health and Care Act 2022 (c. 31), ss. 95(4)(b), 186(6); S.I. 2025/807, reg. 2 (with reg. 3)

[^key-c17aa212a9ae322843cb3dd93d11dee0]: S. 304(5)(ja) inserted (7.7.2025) by Health and Care Act 2022 (c. 31), ss. 95(5), 186(6); S.I. 2025/807, reg. 2 (with reg. 3)

[^M_F_f222c31c-0daa-457a-f386-3a0f0da3714d]: Words in s. 253(3) substituted (1.2.2023 for specified purposes) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2)(3), Sch. para. 17(5)(e) (with reg. 3)

Secretary of State's duty to promote comprehensive health service

Power of clinical commissioning groups as to commissioning certain health services

Financial arrangements for the Board

Fluoridation of water supplies: transitional provision

New Special Health Authorities

Co-operation with bodies exercising functions in relation to public health

Voting

Acquisitions

Procedure etc.

Requests, rights of entry and referrals

Amendments consequential on section 190

Persons eligible to enter into general dental services contracts

Control of entry on pharmaceutical lists

Additional functions

Special notices of births and deaths

Provision of information by Registrar General: Wales

Power to make consequential provision

Arrangements between the Board and Northern Ireland Ministers

Provision of statistical information by Statistics Board

Financial provision

262A

In exercising any function ... of publishing or otherwise disseminating information obtained in connection with the exercise of its relevant data functions, NHS England must have regard to any advice given to it by the committee appointed by the Health Research Authority under paragraph 8(1) of Schedule 7 to the Care Act 2014 (committee to advise in connection with information dissemination etc).

CHAPTER 1A — Continuity of Information

251A

(1) The Secretary of State must by regulations specify a description of consistent identifier for the purposes of this section.

(2) “Consistent identifier” means any identifier (such as, for example, a number or code used for identification purposes) that—

(a) relates to an individual, and

(b) forms part of a set of similar identifiers that is of general application.

(3) Subsection (4) applies if—

(a) a relevant health or adult social care commissioner or provider (“the relevant person”) processes information about an individual, and

(b) the individual is one to whom a consistent identifier of the description specified under subsection (1) relates.

(4) If this subsection applies the relevant person must include the consistent identifier in the information processed (but this is subject to subsections (5) to (8)).

(5) Subsection (4) applies only so far as the relevant person considers that the inclusion is—

(a) likely to facilitate the provision to the individual of health services or adult social care in England, and

(b) in the individual's best interests.

(6) The relevant person need not comply with subsection (4) if the relevant person reasonably considers that one or more of the following criteria apply—

(a) the relevant person does not know the consistent identifier and is not reasonably able to learn it;

(b) the individual objects, or would be likely to object, to the inclusion of the consistent identifier in the information;

(c) the information concerns, or is connected with, the provision of health services or adult social care by an anonymous access provider;

(d) for any other reason the relevant person is not reasonably able, or should not be required, to comply with subsection (4).

(7) This section does not permit the relevant person to do anything which, but for this section, would be inconsistent with—

(a) any provision of the data protection legislation, or

(b) a common law duty of care or confidence.

(8) This section does not require the relevant person to do anything which the relevant person is required to do by or under provision included in a contract by virtue of any provision of the National Health Service Act 2006 (and, accordingly, any such requirement is to be treated as arising under the contract, and not under this section).

(9) In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

251C

(1) This section applies for the purposes of sections 251A and 251B and this section.

(2) “Relevant health or adult social care commissioner or provider” means—

(a) any public body so far as it exercises functions in connection with the provision of health services, or of adult social care in England, and

(b) any person (other than a public body) so far as the person provides such services or care—

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.

Health and Social Care Act 2012

Secretary of State's duty to promote comprehensive health service

Power of clinical commissioning groups as to commissioning certain health services

Financial arrangements for the Board

Fluoridation of water supplies: transitional provision

New Special Health Authorities

Co-operation with bodies exercising functions in relation to public health

Voting

Acquisitions

Procedure etc.

Requests, rights of entry and referrals

Requests, rights of entry and referrals

Amendments consequential on section 190

Persons eligible to enter into general dental services contracts

Control of entry on pharmaceutical lists

Power to regulate social workers etc. in England

Additional functions

Special notices of births and deaths

Provision of information by Registrar General: Wales

Provision of information by Registrar General: Wales

Power to make consequential provision

Arrangements between the Board and Northern Ireland Ministers

Provision of statistical information by Statistics Board

Financial provision

Financial provision

262A

CHAPTER 1A — Continuity of Information

251A

251C