Legalize / United Kingdom / Public General Act

Health and Social Care Act 2012

Type Public General Act

Publication 2012-03-27

Last updated 2025-07-07

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(d) 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.

(7) In this section—

“adult social care”—includes all forms of personal care and other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance, butdoes not include anything provided by an establishment or agency for which Her Majesty's Chief Inspector of Education, Children's Services and Skills is the registration authority under section 5 of the Care Standards Act 2000;

“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;

“NHS services” means services the provision of which is arranged by NHS England or an integrated care board (including services the provision of which is arranged by it in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006);

“processing” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(4) and (14) of that Act);

“public body” means a body or other person whose functions—are of a public nature, orinclude functions of that nature,but in the latter case, the body or person is a public body to the extent only of those functions.

Information standards: supplementary

251

(1) Regulations—

(a) must make provision about the procedure to be followed in connection with the preparation and publication of information standards under section 250;

(b) may require an information standard published under section 250 to be reviewed periodically in accordance with the regulations.

(2) Before laying a draft of regulations under subsection (1) before either House of Parliament, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(3) For the purposes of section 250 the Secretary of State or NHS England may adopt an information standard prepared or published by another person.

... General duties

252

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General duties

253

(1) NHS England must have regard to the following when exercising its relevant data functions other than those under the Medicines and Medical Devices Act 2021—

(a) the information standards published by the Secretary of State or NHS England under section 250,

(b) such guidance issued by the Secretary of State as the Secretary of State may require,

(ca) the need to respect and promote the privacy of recipients of health services and of adult social care in England, ...

(cb) the need to promote the effective and efficient planning, development and provision of health services and of adult social care in England,

(d) the need to promote the effective, efficient and economic use of resources in the provision of health services and of adult social care in England , and

(e) the need to balance the needs mentioned in this subsection against one another, so far as they compete.

(2) NHS England must seek to minimise the burdens it imposes on others when exercising its relevant data functions other than those under the Medicines and Medical Devices Act 2021.

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In this Chapter—

“adult social care”—includes all forms of personal care and other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance, butdoes not include anything provided by an establishment or agency for which Her Majesty's Chief Inspector of Education, Children's Services and Skills is the registration authority under section 5 of the Care Standards Act 2000;

“health services” means services which must or may be provided as part of the health service in England.

“relevant data functions”, in relation to NHS England, means functions conferred on NHS England by or under—this Chapter and Chapter 3;regulations 15 and 16 of the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013;section 2 of the Access to Medical Treatments (Innovation) Act 2016;sections 7A and 19 of the Medicines and Medical Devices Act 2021.

Functions: information systems

Powers to direct Information Centre to establish information systems

254

(1) The Secretary of State ... may direct NHS England to establish and operate a system for the collection or analysis of information of a description specified in the direction.

(2) A direction may be given under subsection (1) by the Secretary of State only if—

(a) the Secretary of State considers that the information which could be obtained by complying with the direction is information which it is necessary or expedient for the Secretary of State to have in relation to the exercise by the Secretary of State of the Secretary of State's functions in connection with the provision of health services or of adult social care in England, or

(b) the Secretary of State otherwise considers it to be in the interests of the health service in England or of the recipients or providers of adult social care in England for the direction to be given.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Before giving a direction under subsection (1) the Secretary of State ... must consult NHS England.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers to request Information Centre to establish information systems

255

(1) Any person (including a devolved authority) may request NHS 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) NHS England must comply with a mandatory request unless NHS 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.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Subsection (8) applies where NHS 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, NHS England—

(a) must, in particular, consider whether doing so would interfere to an unreasonable extent with the exercise by NHS 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 NHS England under section 263, and

(ii) advice or guidance given by NHS England under section 265.

(9) In this section “principal body” means—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the Care Quality Commission,

(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.

Requests for collection under section 255: confidential information

256

(1) A request under section 255 is a confidential collection request if it is a request for NHS England to establish and operate a system for the collection of information which is in a form which—

(a) identifies any individual to whom the information relates who is not an individual who provides health care or adult social care, or

(b) enables the identity of such an individual to be ascertained.

(2) A person may make a confidential collection request under section 255 only if the request—

(a) is a mandatory request,

(b) relates to information which the person making the request (“R”) may require to be disclosed to R or to NHS England by the person holding it, or

Requests under section 255: supplementary

257

(1) NHS England must publish procedures for—

(a) the making and consideration of requests under section 255, and

(b) the reconsideration by NHS England of a decision not to comply with such a request.

(2) The procedure mentioned in subsection (1)(b) must provide for the person who made the request to have an opportunity to make representations to NHS England within a reasonable period for the purposes of the reconsideration.

(3) NHS England may charge a person a reasonable fee in respect of the cost of complying with a request made by that person under section 255.

(4) Before making a request under section 255 a person must consult NHS England.

(5) NHS England must publish details of—

(a) any mandatory request, and

(b) any other request under section 255 with which NHS England is obliged, or decides, to comply.

Information systems: supplementary

258

(1) Before establishing an information system pursuant to a direction under section 254 or a request under section 255 NHS England must consult—

(a) the person who gave the direction or made the request,

(b) representatives of other persons who NHS England considers are likely to use the information to which the direction or request relates,

(d) such other persons as NHS England considers appropriate.

(2) If NHS England reasonably believes that there is no longer a need to retain information which it has obtained by complying with a direction under section 254 or a request under section 255, NHS England may destroy the information.

Powers to require and request provision of information

259

(1) NHS England may—

(a) require any person mentioned in subsection (2) to provide it with any information which NHS England considers it necessary or expedient for NHS 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 NHS 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, NHS England may, however, request any person mentioned in subsection (2) to provide it with any information which NHS England considers it necessary or expedient for NHS 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 NHS England in such form and manner, and within such period, as NHS England may specify.

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

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

(8) NHS England must publish a procedure for notifying persons of requirements imposed, and requests made, under this section.

(9) In imposing requirements under this section NHS 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.

Publication of information

260

(1) NHS England must publish all information which it obtains by complying with a direction under section 254 or a request under section 255 unless the information falls within subsection (2); and, subject to subsection (3), if the information falls within that subsection, NHS England must not publish it.

(2) Information falls within this subsection if—

(a) the information is in a form which identifies any relevant person to whom the information relates or enables the identity of such a relevant person to be ascertained and NHS England, after taking into account the public interest as well as the interests of the relevant person, considers that it is not appropriate for the information to be published,

(b) the information is in a form which identifies any individual to whom the information relates who is not a relevant person or enables the identity of such an individual to be ascertained,

(i) the information fails to meet the information standards published under section 250 (so far as they are applicable), and

(ii) it would not be in the public interest to publish the information, or

(d) the information is of a description specified in a direction given to NHS England by the Secretary of State ....

(3) A direction under section 254 may provide that the obligation to publish imposed by subsection (1) applies to information falling within subsection (2)(a) which is obtained by complying with the direction.

(4) Where NHS England publishes information which it obtains by complying with ... a mandatory request under section 255, NHS England—

(a) must comply with the requirements (if any) specified in the ... mandatory request as to the form, manner and timing of publication of the information, and

(b) may publish the information in such other form and such other manner, and at such other times, as it considers appropriate.

(5) Where NHS England publishes information which it obtains by complying with a request under section 255 other than a mandatory request, NHS England—

(a) may act in accordance with such provision (if any) as may be included in the request as to the form, manner and timing of publication of the information, and

(b) may publish the information in such other form and such other manner, and at such other times, as it considers appropriate.

(6) In considering the appropriate form, manner and timing of publication of information under this section, NHS England must have regard to—

(a) the need for the information to be easily accessible,

(b) the persons who NHS England considers likely to use the information, and

(7) In this Chapter “relevant person” means—

(a) any person who provides health care or adult social care, or

(b) any body corporate not falling within paragraph (a).

Other dissemination of information

261

(1) NHS England may disseminate (other than by way of publication), to any such persons and in such form and manner and at such times, as it considers appropriate, any information—

(a) which it obtains by complying with a direction under section 254 or a request under section 255, and

(b) which falls within subsection (2).

(1A) But NHS England may do so only if it considers that disseminating the information would be for purposes connected with—

(a) the provision of health care or adult social care, or

(b) the promotion of health.

(2) Information falls within this subsection if—

(a) the information is required to be published under section 260;

(b) the information is in a form which identifies any relevant person to whom the information relates or enables the identity of such a relevant person to be ascertained and—

(i) the relevant person has consented to the dissemination, or

(ii) NHS England, after taking into account the public interest as well as the interests of the relevant person, considers that it is appropriate for the information to be disseminated;

(c) the information is in a form which identifies any individual to whom the information relates who is not a relevant person or enables the identity of such an individual to be ascertained and the individual has consented to the dissemination;

(d) NHS England is prohibited from publishing the information only by virtue of it falling within section 260(2)(c) and NHS England considers it would be in the public interest for the information to be disseminated;

(e) NHS England is prohibited from publishing the information only by virtue of a direction given under section 260(2)(d) and that direction provides that the power in subsection (1) applies to the information.

(3) A direction under section 260(2)(d) may require NHS England to disseminate information which NHS England is prohibited from publishing only by virtue of the direction.

(4) NHS England may also disseminate, in such form and manner and at such times as it considers appropriate, any information which it collects pursuant to a direction under section 254 or a request under section 255 (whether or not it falls within subsection (2)) to any person to whom the information could have been lawfully disclosed by the person from whom NHS England collected the information.

(5) NHS England may also disclose information which it obtains by complying with a direction under section 254 or a request under section 255 (whether or not it falls within subsection (2)) if—

(a) the information has previously been lawfully disclosed to the public,

(b) the disclosure is made in accordance with any court order,

(d) the disclosure is made to any person in circumstances where it is necessary or expedient for the person to have the information for the purpose of exercising functions of that person conferred under or by virtue of any provision of this or any other Act,

(e) the disclosure is made in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or

(f) the disclosure is made for the purpose of criminal proceedings (whether or not in the United Kingdom).

(6) Paragraphs (a), (b) and (f) of subsection (5) have effect notwithstanding any rule of common law which would otherwise prohibit or restrict the disclosure.

(7) Nothing in this section or section 262 prevents NHS England from disseminating information (otherwise than by publishing it) under or by virtue of any other provision of this or any other Act.

(8) For the purposes of this section, the provision by NHS England of information which it has obtained by complying with a direction under section 254 to the Secretary of State is to be treated as dissemination by NHS England of that information to the Secretary of State.

(9) For the purposes of this section and section 262, the provision by NHS England of information which it has obtained by complying with a request under section 255 to the person who made the request is to be treated as dissemination by NHS England of that information to that person.

Other dissemination: directions and requests under sections 254 and 255

262

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A request under section 255 may request NHS England to exercise—

(a) the power conferred by section 261(1) or (4) in relation to information which it obtains by complying with the request, or

(b) any other power it has to disseminate such information under or by virtue of any other provision of this or any other Act.

(5) A ... request under section 255 may request, NHS England not to exercise the power conferred by section 261(1) or (4) in relation to information which it obtains by complying with the ... request.

(6) Section 255(3) does not apply in relation to anything included in a mandatory request by virtue of subsection (4) or (5).

(7) A request made to NHS England in accordance with this section to disseminate information may include a request about the persons to whom the information is to be disseminated and the form, manner and timing of dissemination.

Code of practice on confidential information

263

(1) NHS England must prepare and publish a code in respect of the practice to be followed in relation to the collection, analysis, publication and other dissemination of confidential information concerning, or connected with, the provision of health services or of adult social care in England.

(2) For the purposes of this section “confidential information” is—

(a) information which is in a form which identifies any individual to whom the information relates or enables the identity of such an individual to be ascertained, or

(b) any other information in respect of which the person who holds it owes an obligation of confidence.

(3) Before publishing the code, NHS England must consult—

(a) the Secretary of State, and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) NHS England must not publish the code without the approval of the Secretary of State.

(5) NHS England must keep the code under review and may revise it as it considers appropriate (and a reference in this section to the code includes a reference to any revised code).

(6) A health or social care body must have regard to the code in exercising functions in connection with the provision of health services or of adult social care in England.

(7) A 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 must, in providing those services or that care, have regard to the code.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information Register

264

NHS England must maintain and publish a register containing descriptions of the information which has been obtained by virtue of this Chapter.

Advice or guidance

265

(1) NHS England—

(a) may give advice or guidance to any person mentioned in subsection (2) on any matter relating to the collection, analysis, publication or other dissemination of information, and

(b) must, if requested to do so by the Secretary of State ..., give advice or guidance on any such matter as may be specified in the request to—

(i) the Secretary of State ...;

(ii) such other persons as may be specified in the request.

(2) Those persons are—

(a) the Secretary of State,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) any health or social care body, and

(e) any person (including a devolved authority) who collects, or is proposing to collect, information which relates to the provision of health care or adult social care.

(3) The Secretary of State must, at least once in any review period, exercise the power under subsection (1)(b) by requesting NHS England to give the Secretary of State advice about ways in which the burdens relating to the collection of information imposed on health or social care bodies and other persons may be minimised.

(4) For the purposes of subsection (3) a review period is—

(a) the period of 3 years beginning with the day on which this section comes into force, and

(b) each subsequent period of 3 years.

(5) A health or social care body to whom advice or guidance is given under this section must have regard to the advice or guidance in exercising functions in connection with the provision of health services or of adult social care in England.

(6) A 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 must, in providing those services or that care, have regard to any advice or guidance given to the person under this section.

Assessment of quality of information

266

NHS England must from time to time—

(a) assess the extent to which information it collects pursuant to a direction under section 254 or a request under 255 meets the information standards published under section 250 (so far as they are applicable), and

(b) publish a record of the results of the assessment.

Power to establish accreditation scheme

267

(1) Regulations may make provision for the establishment and operation of a scheme for the accreditation of information service providers (“the accreditation scheme”).

(2) The regulations may provide that the accreditation scheme is to be established and operated by NHS England or such other person as the Secretary of State may specify in the regulations (the “operator”).

(3) The regulations may, in particular, confer power on the operator—

(a) to establish the procedure for accrediting information service providers under the scheme,

(b) to set the criteria to be met by a provider in order to be accredited (“the accreditation criteria”),

(d) to charge a reasonable fee in respect of an application for accreditation.

(4) The regulations may make provision requiring the operator—

(a) to publish details of the scheme, including, in particular, the accreditation criteria,

(b) to provide for the review of a decision to refuse an application for accreditation, and

(5) In this section “information service provider” means any person other than a public body who provides services involving the collection, analysis, publication or other dissemination of information in connection with the provision of health services or of adult social care in England.

Functions: other

Database of quality indicators

268

(1) Regulations may make provision conferring functions on NHS England in connection with the establishment, maintenance and publication of a database of quality indicators in relation to the provision of health services and of adult social care in England.

(2) The regulations may, in particular, make provision about—

(a) the persons who may propose a quality indicator for inclusion in the database,

(b) the giving of advice and guidance by NHS England to such persons in relation to such a proposal,

(c) the assessment and approval of quality indicators proposed for inclusion in the database by such person as the Secretary of State or NHS England may direct, and

(d) the inclusion in the database of guidance about how providers may demonstrate performance measured against the quality indicators.

(3) In this section a “quality indicator” means a factor by reference to which performance in the provision of services or care can be measured.

Power to confer functions in relation to identification of GPs

269

(1) Regulations may make provision conferring functions on NHS England in connection with the verification of the identity of general medical practitioners for purposes connected with the health service in England.

(2) In subsection (1) “general medical practitioners” means persons registered in the General Practitioner Register kept by the General Medical Council.

Additional functions

270

(1) NHS England may do any of the following—

(a) acquire, produce, manufacture and supply goods,

(b) acquire land by agreement and manage and deal with land,

(d) supply services to any person and provide new services,

(e) provide instruction for any person, and

(f) develop and exploit ideas and exploit intellectual property.

(2) But NHS England may exercise a power under subsection (1) only—

(a) if doing so involves, or is connected with, the collection, analysis, publication or other dissemination of information, and

(b) to the extent that its exercise does not to any significant extent interfere with the performance by NHS England of any function under or by virtue of any other provision of this or any other Act.

(3) NHS England may—

(a) charge for anything it does in the exercise of a power under subsection (1), and

(b) calculate any such charge on the basis that it considers to be the appropriate commercial basis.

(4) Nothing in this section is to be read as limiting any power that NHS England has apart from this section to do the things listed in subsection (1).

Arrangements with other bodies

271

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Failure by Information Centre to discharge any of its functions

272

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Protection from personal liability

273

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General and supplementary

Powers of Secretary of State or Board to give directions

274

(1) Regulations may make provision conferring powers on the Secretary of State to give directions—

(a) requiring a health or social care body to exercise such of NHS England’s relevant data functions as may be specified;

(b) requiring NHS England or another health or social care body to exercise such information functions of the Secretary of State as may be specified;

(c) requiring NHS England to exercise such of the information functions of any health or social care body as may be specified;

(d) requiring NHS England to exercise such systems delivery functions of the Secretary of State as may be specified.

(1A) Regulations may make provision conferring powers on NHS England to give directions requiring a health or social care body to exercise such information functions of NHS England as may be specified.

(2) A function required to be exercised by a direction given by the Secretary of State ... by virtue of subsection (1) is subject to directions given by the Secretary of State ... about the exercise of the function.

(2A) A function required to be exercised by a direction given by NHS England by virtue of subsection (1A) is subject to directions given by NHS England about the exercise of the function.

(3) A power conferred on the Secretary of State under subsection (1)(a) must provide that a direction may be given in respect of a function of NHS England only if the function relates to information which is of a description prescribed in the regulations and—

(a) in respect of which the Secretary of State may give a direction under section 254, or

(b) which the Secretary of State considers is information in respect of which a mandatory request may be made under section 255.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A power conferred under subsection (1)(a) or (1A) must provide that a direction must include provision requiring the body in question to provide NHS England with the information it needs to comply with the duty under section 264 (duty to publish information register).

(6) A power conferred on the Secretary of State under subsection (1)(d) must provide that a direction may include provision about payments by the Secretary of State to NHS England for things done in the exercise of the function in respect of which the direction is given.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) A power conferred under subsection (1)(d) must provide that the giving of a direction does not prevent the Secretary of State ... from exercising the function in respect of which the direction is given.

(9) In this section—

“information function” means a function in relation to the collection, analysis, publication or other dissemination of information;

“NHS services” means services the provision of which is arranged by NHS England or an integrated care board (including services the provision of which is arranged by it in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006);

“specified” means specified in a direction given under regulations made under subsection (1) or (1A);

systems delivery function” means a function which is exercisable in relation to the development or operation of information or communications systems in connection with the provision of health services or of adult social care in England.

Interpretation of this Chapter

275

In this Chapter—

“adult social care” has the meaning given by section 253(3);

“devolved authority” means—the Scottish Ministers;the Welsh Ministers; anda Northern Ireland Minister;

“health care” has the meaning given by section 255(10);

“health or social care body” has the meaning given by section 259(11);

“the health service” has the same meaning as in the National Health Service Act 2006 (see section 275(1) of that Act);

“health services” has the meaning given by section 253(3);

“mandatory request” has the meaning given by section 255(4);

“Northern Ireland Minister” includes the First Minister, the deputy First Minister and a Northern Ireland Department;

“public body” means a body or other person whose functions—are of a public nature, orinclude functions of that nature,but in the latter case, the body or person is a public body to the extent only of those functions;

“relevant data functions” has the meaning given by section 253(3);

“relevant person” has the meaning given by section 260(7).

Dissolution of predecessor body

276

The Special Health Authority known as the Health and Social Care Information Centre is abolished.

Consequential provision

277

Schedule 19 (which contains consequential provision) has effect.

PART 10 — Abolition of certain public bodies etc

The Alcohol Education and Research Council

278

(1) The Alcohol Education and Research Council is abolished.

(2) The Licensing (Alcohol Education and Research) Act 1981 is repealed.

(3) Part 1 of Schedule 20 (which contains consequential amendments and savings) has effect.

The Appointments Commission

279

(1) The Appointments Commission is abolished.

(2) Part 5 of the Health Act 2006 (which established the Commission) is repealed.

(3) Part 2 of Schedule 20 (which contains consequential amendments and savings) has effect.

280

(1) The National Information Governance Board for Health and Social Care is abolished.

(2) Omit sections 250A to 250D of the National Health Service Act 2006 (which established the Board).

(3) After section 20 of the Health and Social Care Act 2008 insert—

(20A) (1) The Commission has the following functions in relation to the processing of relevant information— (a) to monitor the practice followed by registered persons in relation to such processing, and (b) to keep the National Health Service Commissioning Board and Monitor informed about the practice being followed by registered persons in relation to such processing. (2) The Commission must, in exercising those functions, seek to improve the practice followed by registered persons in relation to the processing of relevant information. (3) In this section “relevant information” means— (a) patient information, (b) any other information obtained or generated in the course of the provision of the health service continued under section 1 of the National Health Service Act 2006, (c) any other information obtained or generated in the course of the exercise by an English local authority of its adult social services functions, and (d) any other information obtained or generated in the course of the carrying on by an English local authority of adult placement schemes in connection with which arrangements are made for the provision of personal care. (4) In subsection (3) “patient information” means— (a) information (however recorded) which relates to the physical or mental health or condition of an individual (“P”), to the diagnosis of P's condition or to P's care or treatment, and (b) information (however recorded) which is to any extent derived, directly or indirectly, from that information, whether or not the identity of the individual in question is ascertainable from the information. (5) In this section— - “adult placement scheme” and “personal care” each have such meaning as they have from time to time in regulations under section 20; - “processing”, in relation to information, has the same meaning as in the Data Protection Act 1998; - “registered person” means a person registered under this Chapter as a manager or service provider in respect of a regulated activity.

(4) In section 80(3) of that Act (persons Commission must consult before publishing code of practice on confidential personal information), for paragraph (a) substitute—

(a) the National Health Service Commissioning Board,

(5) In section 252 of the National Health Service Act 2006 (consultation before making regulations on control of patient information), in subsection (1), for “the National Information Governance Board for Health and Social Care” substitute “the Care Quality Commission”; and in consequence of that—

(a) for the title to that section substitute “Consultation with the Care Quality Commission”, and

(b) in section 271(3)(g) of that Act—

(i) for “sections” substitute “section”, and

(ii) omit “and 252 (consultation with National Information Governance Board)”.

(6) The Care Quality Commission must exercise its power under paragraph 6(3) of Schedule 1 to the Health and Social Care Act 2008 so as to appoint a committee, to be known as “the National Information Governance Committee”, until 31 March 2015.

(7) The purpose of the committee is to provide the Care Quality Commission with advice on and assistance with the exercise of its functions relating to the processing of relevant information within the meaning of section 20A of the Health and Social Care Act 2008.

(8) Part 3 of Schedule 20 (which contains consequential amendments and savings) has effect.

The National Patient Safety Agency

281

(1) The National Patient Safety Agency is abolished.

(2) The National Patient Safety Agency (Establishment and Constitution) Order 2001 (S.I. 2001/1743) is revoked.

(3) In section 13 of the NHS Redress Act 2006 (scheme authority's duties of co-operation), omit subsection (2).

The NHS Institute for Innovation and Improvement

282

(1) The NHS Institute for Innovation and Improvement is abolished.

(2) The NHS Institute for Innovation and Improvement (Establishment and Constitution) Order 2005 (S.I. 2005/1446) is revoked.

Standing advisory committees

283

(1) Omit section 250 of, and Schedule 19 to, the National Health Service Act 2006 (Secretary of State's standing advisory committees).

(2) In consequence of the repeal of Schedule 19 to that Act, in Schedule 3 to the Health Act 2009, omit paragraph 13.

(3) The repeal of section 250 of the National Health Service Act 2006 does not affect the continuing effect of the National Health Service (Standing Advisory Committees) Order 1981 (S.I. 1981/597) (establishment of the Joint Committee on Vaccination and Immunisation) made under that section.

PART 11 — Miscellaneous

Information relating to births and deaths etc.

Special notices of births and deaths

284

(1) Section 269 of the National Health Service Act 2006 (special notices of births and deaths) is amended as follows.

(2) For subsection (2) substitute—

(2) Each registrar of births and deaths must furnish to such relevant body or bodies as may be determined in accordance with regulations the particulars of such births or deaths entered in a register of births or deaths kept for the registrar's sub-district as may be prescribed.

(3) In subsection (4) for “the Primary Care Trust for the area in which the birth takes place” substitute “such relevant body or bodies as may be determined in accordance with regulations”.

(4) In subsection (6)—

(a) after “under subsection (4)” insert “to a relevant body”, and

(b) for “the Primary Care Trust” (in each place where it occurs) substitute “the body”.

(5) In subsection (7)—

(a) for “A Primary Care Trust” substitute “A relevant body to whom notice is required to be given under subsection (4)”, and

(b) for “any medical practitioner or midwife residing or practising within its area” substitute “such descriptions of medical practitioners or midwives as may be prescribed”.

(6) In subsection (9) for “the Primary Care Trust concerned” substitute “the relevant body or bodies to whom the failure relates”.

(7) In subsection (10), in paragraph (a) for “a Primary Care Trust” substitute “a relevant body”.

(8) After subsection (10) insert—

(11) For the purposes of this section, the following are relevant bodies— (a) the National Health Service Commissioning Board, (b) clinical commissioning groups, (c) local authorities. (12) Information received by a local authority by virtue of this section may be used by it only for the purposes of functions exercisable by it in relation to the health service. (13) In this section, “local authority” has the same meaning as in section 2B.

(9) Until the commencement of section 34, section 269(11) of the National Health Service Act 2006 has effect as if Primary Care Trusts were included in the list of bodies that are relevant bodies for the purposes of that section.

Provision of information by Registrar General

285

(1) Section 270 of the National Health Service Act 2006 (provision of information by Registrar General) is amended as follows.

(2) In subsection (1) —

(a) for “the Secretary of State” substitute “any of the following persons”, and

(b) at the end insert

— (a) the Secretary of State, (b) the Board, (c) a clinical commissioning group, (d) a local authority, (e) the National Institute for Health and Care Excellence, (f) the Health and Social Care Information Centre, (g) a Special Health Authority which has functions that are exercisable in relation to England, (h) the Care Quality Commission, and (i) such other persons as the Secretary of State may specify in a direction.

(3) In subsection (2) —

(a) for “the Secretary of State” substitute “the person to whom the information is provided”, and

(b) for “his functions” substitute “functions exercisable by the person”.

(4) After subsection (4) insert—

(5) In this section, “local authority” has the same meaning as in section 2B.

Provision of information by Registrar General: Wales

286

(1) Section 201 of the National Health Service (Wales) Act 2006 (provision of information by Registrar General) is amended as follows.

(2) In subsection (1) —

(a) for “the Welsh Ministers” substitute “any of the following persons”, and

(b) at the end insert

— (a) the Welsh Ministers, (b) a Special Health Authority which has functions that are exercisable in relation to Wales, (c) a Local Health Board, (d) an NHS trust established under section 18, and (e) such other persons as the Welsh Ministers may specify in a direction.

(3) In subsection (2) —

(a) for “the Welsh Ministers” substitute “the person to whom the information is provided”, and

(b) for “their functions” substitute “functions exercisable by the person”.

Provision of statistical information by Statistics Board

287

(1) Section 42 of the Statistics and Registration Service Act 2007 (information relating to births and deaths etc) is amended as follows.

(2) For subsection (4) substitute—

(4) The Board may disclose to a person mentioned in subsection (4A) any information referred to in subsection (2)(a) to (c) which is received by the Board under this section, or any information which is produced by the Board by analysing any such information, if— (a) the information consists of statistics and is disclosed for the purpose of assisting the person in the performance of functions exercisable by it in relation to the health service, or (b) the information is disclosed for the purpose of assisting the person to produce or to analyse statistics for the purpose of assisting the person, or any other person mentioned in subsection (4A), in the performance of functions exercisable by it in relation to the health service. (4A) Those persons are— (a) the Secretary of State, (b) the Welsh Ministers, (c) the National Health Service Commissioning Board, (d) a clinical commissioning group, (e) a local authority, (f) a Local Health Board, (g) an NHS trust established under section 18 of the National Health Service (Wales) Act 2006, (h) the National Institute for Health and Care Excellence, (i) the Health and Social Care Information Centre, (j) a Special Health Authority, (k) the Care Quality Commission, and (l) such other persons as the appropriate authority may specify in a direction given for the purposes of this section. (4B) For the purposes of subsection (4A)(l), the appropriate authority is— (a) in relation to a direction to be given for purposes relating only to Wales, the Welsh Ministers, and (b) in any other case, the Secretary of State.

(3) After subsection (5) insert—

(5A) A direction under subsection (4A)(l) must be given by an instrument in writing. (5B) Sections 272(7) and 273(1) of the National Health Service Act 2006 apply in relation to the power of the Secretary of State to give a direction under subsection (4A)(l) as they apply in relation to powers to give a direction under that Act. (5C) Sections 203(9) and 204(1) of the National Health Service (Wales) Act 2006 apply in relation to the power of the Welsh Ministers to give a direction under subsection (4A)(l) as they apply in relation to powers to give a direction under that Act.

(4) After subsection (6) insert—

(7) In subsection (4A)— - “clinical commissioning group” and “Special Health Authority” have the same meaning as in the National Health Service Act 2006; - “local authority” has the same meaning as in section 2B of that Act of 2006.

Duties to co-operate

Monitor: duty to co-operate with Care Quality Commission

288

(1) NHS England must co-operate with the Care Quality Commission in the exercise of their respective functions.

(2) In particular NHS England must—

(a) give the Commission any relevant information NHS England has about the provision of health care services which NHS England or the Commission considers would assist the Commission in the exercise of its functions,

(b) make arrangements with the Commission to ensure that—

(i) a person applying both for a licence under Chapter 3 of Part 3 and to be registered under the Health and Social Care Act 2008 may do so by way of a single application form,

(ii) such a person is granted a licence under that Chapter and registration under that Act by way of a single document, and

(c) seek to secure that the conditions included in a licence under that Chapter in a case within paragraph (b) are consistent with any conditions on the person's registration under that Act.

(2A) In subsection (2)(a) “relevant information” means information held by NHS England in connection with—

(a) its regulatory functions, within the meaning given by section 13SB (2) of the National Health Service Act 2006, or

(b) its functions under section 27A of the National Health Service Act 2006 Act (NHS trusts: oversight and support).

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In subsection (2), references to registration under the Health and Social Care Act 2008 are references to registration under Chapter 2 of Part 1 of that Act.

Care Quality Commission: duty to co-operate with Monitor

289

(1) Section 70 of the Health and Social Care Act 2008 (co-operation between the Commission and the Independent Regulator of NHS foundation trusts) is amended as follows.

(2) For subsection (1) substitute—

(1) The Commission must co-operate with Monitor in the exercise of their respective functions.

(3) For subsection (2) substitute—

(2) In particular the Commission must— (a) give Monitor any information the Commission has about the provision of health care which the Commission or Monitor considers would assist Monitor in the exercise of its functions, (b) make arrangements with Monitor to ensure that— (i) a person applying to be both registered under Chapter 2 and for a licence under the Health and Social Care Act 2012 may do so by way of a single application form, and (ii) such a person is granted a registration under Chapter 2 and a licence under that Act by way of a single document, and (c) seek to secure that the conditions on a registration under Chapter 2 in a case within paragraph (b) are consistent with the conditions included in the person's licence under that Act.

(4) In subsection (3)—

(a) for “Independent Regulator” substitute “Monitor”, and

(b) for “an NHS foundation trust” substitute “a person who holds a licence under the Health and Social Care Act 2012”.

(5) After that subsection insert—

(4) In this section, a reference to a licence under the Health and Social Care Act 2012 is a reference to a licence under Chapter 3 of Part 3 of that Act.

(6) In the heading of that section, for “Independent Regulator of NHS Foundation Trusts” substitute “Monitor”.

Other duties to co-operate

290

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The Care Quality Commission and each relevant body must co-operate with each other in the exercise of their respective functions (including any functions that consist of exercising the functions of other persons).

(3) The relevant bodies are—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the National Institute for Health and Care Excellence,

(ca) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) Special Health Authorities which have functions that are exercisable in relation to England.

(4) The Secretary of State may by order amend subsection (3) so as to add to the list of relevant bodies a body that has functions relating to health.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) For the purposes of this section and section 291, the functions of a Special Health Authority include such functions as it is directed to exercise under section 7 of the National Health Service Act 2006 (directions by Secretary of State).

(8) References in this section and section 291 to functions are references to functions so far as exercisable in relation to England.

Breaches of duties to co-operate

291

(1) If the Secretary of State is of the opinion that bodies subject to a relevant co-operation duty have breached or are breaching the duty, or are at significant risk of breaching the duty, the Secretary of State may give a written notice of the Secretary of State's opinion to each body.

(2) The relevant co-operation duties are—

(a) the duty under section 288 (co-operation by NHS England with the Care Quality Commission),

(b) the duty under section 290(2),

(c) the duty under section 70 of the Health and Social Care Act 2008 (co-operation by the Care Quality Commission with NHS England),

(d) any duties imposed by an enactment on relevant bodies to co-operate with each other in the exercise of their respective functions.

(3) The Secretary of State must publish each notice given under subsection (1) in such form as the Secretary of State considers appropriate.

(4) Subsection (5) applies if, having given a notice under subsection (1), the Secretary of State is satisfied that—

(a) the bodies concerned have breached or are continuing to breach the duty or, the risk of a breach having materialised, are breaching the duty, and

(b) the breach is having a detrimental effect on the performance of the health service (or, where the effect of the breach on the performance of the health service is both beneficial and detrimental, its overall effect is detrimental).

(5) The Secretary of State may by order prohibit each body from exercising specified functions, or from exercising specified functions in a specified manner, unless the other body concerned agrees in writing that the body may do so.

(6) The power to make an order under subsection (5)—

(a) may be exercised so as to specify different functions in relation to each body, but

(b) may not be exercised so as to prevent a body from complying with a requirement imposed by or under an enactment or by a court or tribunal.

(7) In default of agreement as to the exercise of a function specified in an order under subsection (5), a body may exercise the function in accordance with provision determined by arbitration.

(8) An order under subsection (5) must specify the period for which a prohibition imposed by it has effect; and the period specified for that purpose may not exceed one year beginning with the day on which the order comes into force.

(9) But if the Secretary of State is satisfied that the breach is continuing to have a detrimental effect (or an effect that overall is detrimental) on the performance of the health service, the Secretary of State may by order extend by one year the period for which the prohibition for the time being has effect.

(10) In this section, “the health service” means the comprehensive health service continued under section 1(1) of the National Health Service Act 2006.

The Care Quality Commission

Requirement for Secretary of State to approve remuneration policy etc.

292

In paragraph 5 of Schedule 1 to the Health and Social Care Act 2008 (employees of the Care Quality Commission), at the end insert—

(5) Before making a determination as to remuneration, pensions, allowances or gratuities for the purposes of sub-paragraph (3) or (4), the Commission must obtain the approval of the Secretary of State to its policy on that matter.

Conduct of reviews etc.

293

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Failure to discharge functions

294

(1) In section 82 of the Health and Social Care Act 2008 (failure by Commission to discharge functions), in subsection (1), at the end insert

, and that the failure is significant.

(2) After subsection (2) of that section insert—

(2A) But the Secretary of State may not give a direction under subsection (1) in relation to the performance of functions in a particular case.

(3) After subsection (3) of that section insert—

(4) Where the Secretary of State exercises a power under subsection (1) or (3), the Secretary of State must publish the reasons for doing so. (5) For the purposes of this section a failure to discharge a function properly includes a failure to discharge it consistently with what the Secretary of State considers to be the interests of the health service in England or (as the case may be) with what otherwise appears to the Secretary of State to be the purpose for which it is conferred; and “the health service” has the same meaning as in the National Health Service Act 2006.

(4) In section 161 of that Act (orders, regulations and directions: general provisions), in subsection (3), before “any power of the Secretary of State to give directions” insert “(subject to section 82(2A))”.

(5) In section 165 of that Act (directions), at the beginning of subsection (2) insert “Subject to subsection (3),”.

(6) After that subsection insert—

(3) A direction under section 82 must be given by regulations or by an instrument in writing.

Arrangements with devolved authorities etc.

Arrangements between the Board and Northern Ireland Ministers

295

(1) NHS England may make arrangements with a Northern Ireland Minister for NHS England to commission services for the purposes of the Northern Ireland health service.

(2) Arrangements under this section may be on such terms and conditions as may be agreed between the parties to the arrangements.

(3) Those terms and conditions may include provision with respect to the making of payments to NHS England in respect of the cost to it of giving effect to the arrangements.

(4) In this section—

“commission” means arrange for the provision of,

“Northern Ireland health service” means any of the health services under any enactment which extends to Northern Ireland and which corresponds to section 1(1) of the National Health Service Act 2006 (and, for that purpose, “enactment” includes subordinate legislation within the meaning of the Interpretation Act 1978 and Northern Ireland legislation), and

“Northern Ireland Minister” includes the First Minister, the deputy First Minister and a Northern Ireland department.

Arrangements between the Board and Scottish Ministers etc.

296

(1) NHS England may make arrangements with the Scottish Ministers or a Scottish health body for NHS England to commission services for the purposes of the Scottish health service.

(2) Arrangements under this section may be on such terms and conditions as may be agreed between the parties to the arrangements.

(3) Those terms and conditions may include provision with respect to the making of payments to NHS England in respect of the cost to it of giving effect to the arrangements.

(4) In this section—

“commission” means arrange for the provision of, and

“Scottish health body” means—a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978, andthe Common Services Agency for the Scottish Health Service constituted by section 10 of that Act.

Relationships between the health services

297

Schedule 21 (which amends enactments relating to the relationships between the health services in the United Kingdom) has effect.

Advice or assistance to public authorities in the Isle of Man or Channel Islands

298

(1) NHS England or an integrated care board may provide advice or assistance to any public authority in the Isle of Man or Channel Islands.

(2) Advice or assistance under subsection (1) may be provided on such terms, including terms as to payment, as NHS England or (as the case may be) the integrated care board considers appropriate.

Supervised community treatment under the Mental Health Act 1983

299

(1) Part 4A of the Mental Health Act 1983 (treatment of community patients not recalled to hospital) is amended as follows.

(2) In section 64C (treatment of adult community patients), after subsection (4) insert—

(4A) Where there is authority to give treatment by virtue of subsection (2)(a), the certificate requirement is also met in respect of the treatment if the approved clinician in charge of the treatment has certified in writing that the patient has capacity to consent to the treatment and has consented to it. (4B) But, if the patient has not attained the age of 18, subsection (4A) does not apply to section 58A type treatment.

(3) In section 64E (treatment of child community patients), in subsection (7)—

(a) for “(3) to (9)” substitute “(3) to (4A) and (5) to (9)”, and

(b) at the end insert

; and for the purpose of this subsection, subsection (4A) of section 64C above has effect as if— (a) the references to treatment were references only to section 58 type treatment, (b) the reference to subsection (2)(a) of section 64C were a reference to subsection (6)(a) of this section, and (c) the reference to capacity to consent were a reference to competence to consent.

(4) After section 64F insert—

(64FA) (1) Where the consent of a patient to any treatment has been given as mentioned in section 64C(2)(a) above for the purposes of section 64B or 64E above, the patient may at any time before the completion of the treatment withdraw his consent, and those sections shall then apply as if the remainder of the treatment were a separate form of treatment. (2) Subsection (3) below applies where— (a) the consent of a patient to any treatment has been given as mentioned in section 64C(2)(a) above for the purposes of section 64B or 64E above; but (b) before the completion of the treatment, the patient loses capacity or (as the case may be) competence to consent to the treatment. (3) The patient shall be treated as having withdrawn his consent and section 64B or (as the case may be) section 64E above shall then apply as if the remainder of the treatment were a separate form of treatment. (4) Without prejudice to the application of subsections (1) to (3) above to any treatment given under the plan of treatment to which a patient has consented, a patient who has consented to such a plan may at any time withdraw his consent to further treatment, or to further treatment of any description, under the plan. (5) This section shall not preclude the continuation of any treatment, or of treatment under any plan, pending compliance with section 58, 58A, 64B or 64E above if the approved clinician in charge of the treatment considers that the discontinuance of the treatment, or of treatment under the plan, would cause serious suffering to the patient.

(5) In section 64H (certificates: supplementary provision)—

(a) in subsection (2), at the end insert “; and the regulations may make different provision for the different descriptions of Part 4A certificate”, and

(b) in subsections (3), (4) and (5), after “Part 4A certificate” insert “that falls within section 64C(4) above”.

(6) In section 17B of the Mental Health Act 1983 (conditions of community treatment order), in subsection (3)(b), after “Part 4A of this Act” insert “that falls within section 64C(4) below”.

(7) In section 61 of that Act (review of treatment), in subsection (1), after “that section)” insert “that falls within section 64C(4) below”.

(8) In section 62A of that Act (treatment on recall of community patient or revocation of order), in subsection (5), after “applies” insert “and the Part 4A certificate falls within section 64C(4) below”.

(9) In subsection (6) of that section, after “58 or 58A above” insert “or 64B or 64E below”.

(10) After that subsection insert—

(6A) In a case where this section applies and the certificate requirement is no longer met for the purposes of section 64C(4A) below, the continuation of any treatment, or of treatment under any plan, pending compliance with section 58 or 58A above or 64B or 64E below shall not be precluded if the approved clinician in charge of the treatment considers that the discontinuance of the treatment, or of treatment under the plan, would cause serious suffering to the patient.

Transfer schemes

300

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

Transfer schemes: supplemental

301

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

Subsequent property transfer schemes

302

(1) This section applies in relation to any property, rights or liabilities transferred under a property transfer scheme made under section 300(1) (before its repeal) from a Primary Care Trust, a Strategic Health Authority or the Secretary of State to a Special Health Authority or a qualifying company.

(2) The Secretary of State may make a scheme for the transfer of any such property, rights or liabilities from the Special Health Authority or qualifying company to any of the following—

(a) a Minister of the Crown;

(b) NHS England;

(d) an NHS trust;

(e) an NHS foundation trust;

(f) a qualifying company.

(3) The things that may be transferred under a scheme under this section include—

(a) property, rights and liabilities that could not otherwise be transferred;

(b) property acquired, and rights and liabilities arising, after the making of the scheme;

(4) A transfer scheme under this section may make supplementary, incidental, transitional and consequential provision and may in particular—

(a) create rights, or impose liabilities, in relation to property or rights transferred;

(b) make provision about the continuing effect of things done by the transferor in respect of anything transferred;

(c) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred;

(d) make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee.

(5) A transfer scheme under this section may make provision for the shared ownership or use of property.

(6) A transfer scheme under this section may provide—

(a) for the scheme to be modified by agreement after it comes into effect, and

(b) for any such modifications to have effect from the date when the original scheme comes into effect.

(7) In this section references to the transfer of property include references to the grant of a lease.

(8) In this section “qualifying company” means—

(a) a company which is formed under section 223 of the National Health Service Act 2006 and wholly or partly owned by the Secretary of State or NHS England, or

(b) a subsidiary of a company which is formed under that section and wholly owned by the Secretary of State.

PART 12 — Final provisions

Power to make consequential provision

303

(1) The Secretary of State may by order make provision in consequence of this Act.

(2) An order under this section may, in particular—

(a) amend, repeal, revoke or otherwise modify any enactment;

(b) include transitional, transitory or saving provision in connection with the commencement of provision made by the order.

(3) Transitory provision by virtue of subsection (2)(b) may, in particular, modify the application of provision made by the order pending the commencement of—

(a) another provision of the order,

(b) a provision of this Act,

(4) Before making an order under this section that contains provision which would, if included in an Act of the Scottish Parliament, fall within the legislative competence of that Parliament, the Secretary of State must consult the Scottish Ministers.

(5) The power conferred by this section is not restricted by any other provision of this Act.

(6) In this section, “enactment” includes—

(a) an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), and

(b) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, an Act or Measure of the National Assembly for Wales or Northern Ireland legislation,

and references to an enactment include a reference to an enactment passed or made after the passing of this Act.

Regulations, orders and directions

304

(1) A power to make regulations under this Act is exercisable by the Secretary of State.

(2) Regulations under this Act, and orders by the Secretary of State, the Welsh Ministers or the Privy Council under this Act, must be made by statutory instrument.

(3) Subject to subsections (4) to (6), a statutory instrument containing regulations under this Act, or an order by the Secretary of State or the Privy Council under this Act, is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Subsection (3) does not apply to an order under section 306 (commencement).

(5) A statutory instrument which contains (whether alone or with other provision) any of the following may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the first regulations under section 83 (licensing requirement: exemption regulations);

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) regulations under section 105(4) (manner in which turnover to be calculated for purposes of penalty for breach of licence conditions etc.);

(f) regulations under section 106(3)(d) (descriptions of action for specifying in enforcement undertaking for breach of licence conditions etc.);

(g) regulations under section 114D(1)(b)(i) or (ii) (percentage to be prescribed in cases of objections to proposals for NHS payment scheme);

(h) regulations under section 130 (health special administration regulations);

(i) an order under section 140 (maximum amount that may be raised from levy to raise funds for special administration cases);

(j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ja) regulations under section 250(6B) or 251(1) (regulations about waiver of information standards and the procedure for setting standards);

(jb) regulations under section 277E (regulations about enforcement);

(k) an order under section 290(4) (addition to list of bodies subject to duty co-operate);

(l) an order under section 291(5) (order prohibiting bodies subject to duty to co-operate from exercising specified functions etc.);

(m) an order under section 303 (consequential provision) which includes provision that amends or repeals a provision of an Act of Parliament;

(n) regulations which, by virtue of subsection (10)(a), include provision that amends or repeals a provision of an Act of Parliament.

(6) An order by the Privy Council under this Act that includes provision which would, if included in an Act of the Scottish Parliament, fall within the legislative competence of that Parliament is subject to the negative procedure in that Parliament (in addition to the statutory instrument containing the order being subject to annulment under subsection (3)).

(7) Sections 28 and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) apply in relation to an order of the description given in subsection (6) as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) that is subject to the negative procedure, but as if references to a Scottish statutory instrument were references to a statutory instrument.

(8) Section 32 of that Act (laying) shall apply in relation to the laying of a statutory instrument containing an order of the description given in subsection (6) before the Scottish Parliament as it applies in relation to the laying of a Scottish statutory instrument (within the meaning of Part 2 of that Act) before that Parliament.

(9) A power to make regulations under this Act, a power of the Secretary of State, the Welsh Ministers or the Privy Council to make an order under this Act, and (subject to section 71(3)) a power to give directions under or by virtue of this Act—

(a) may be exercised either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or descriptions of case,

(b) may be exercised so as to make, as respects the cases in relation to which it is exercised—

(i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise),

(ii) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different descriptions of case, or different provision as respects the same case or description of case for different purposes of this Act,

(iii) any such provision either unconditionally or subject to any specified condition, and

(10) Any such power includes—

(a) power to make incidental, supplementary, consequential, saving, transitional or transitory provision (including, in the case of a power to make regulations, provision amending, repealing or revoking enactments), and

(b) power to provide for a person to exercise a discretion in dealing with any matter.

(11) A power to give directions under or by virtue of this Act includes power to vary or revoke the directions by subsequent directions.

(12) A direction under this Act by a Minister of the Crown (acting alone)—

(a) must, in the case of a direction under any of the following provisions, be given by regulations or an instrument in writing—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) section 234(1) (direction to NICE to prepare quality standards);

(iii) section 245(1) (direction to NICE to perform functions);

(iv) section 249(8) (direction to NHS England to be transitional commissioner in relation to pre-commencement statements of quality standards);

(v) section 254(1) (direction to NHS England to establish information systems);

(vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vii) section 260(2)(d) (direction to NHS England that information of specified description is not subject to duty to publish);

(viii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ix) paragraph 7 of Schedule 6 (direction to NHS England to exercise functions of Secretary of State relating to Primary Care Trusts), and

(b) must, in the case of any other direction, be given by an instrument in writing.

(13) A direction under or by virtue of this Act by any other person (or persons) must be given by an instrument in writing.

Financial provision

305

There is to be paid out of money provided by Parliament—

(a) any expenditure incurred by virtue of this Act by the Secretary of State, and

(b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

Commencement

306

(1) The following provisions come into force on the day on which this Act is passed—

(a) section 219 (Health and Care Professions Council: power to make arrangements with other health or social care regulators);

(b) section 221(3) (power of Secretary of State to make arrangements with Health and Care Professions Council to discharge General Social Care Council's functions during period preceding abolition);

(d) any other provision of this Act so far as is necessary for enabling the exercise on or after the day on which this Act is passed of any power to make an order or regulations or to give directions that is conferred by the provision or an amendment made by it.

(2) Sections 35 to 37 come into force on such day as the appropriate authority may by order appoint.

(3) In subsection (2) “the appropriate authority” means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers.

(4) The other provisions of this Act come into force on such day as the Secretary of State may by order appoint.

(5) Different days may be appointed under subsection (2) or (4) for different purposes (including different areas).

(6) Transitory provision in an order under subsection (2) or (4) may, in particular, modify the application of a provision of this Act pending the commencement of—

(a) another provision of this Act, or

(b) any other enactment (within the meaning of section 303).

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Where a provision of this Act (or an amendment made by it) requires consultation to take place, consultation undertaken before the commencement of the provision is as effective for the purposes of that provision as consultation undertaken after that commencement.

Commencement: consultation with Scottish Ministers

307

(1) The Secretary of State must consult the Scottish Ministers before making an order under section 306(4) relating to—

(a) section 58 (radiation protection functions), so far as relating to the Scottish Ministers,

(b) section 60 (co-operation in relation to public health functions), so far as relating to the exercise of functions in relation to Scotland by a person to which the provision inserted by subsection (1) of that section applies,

(c) section 223(4) (requirement for persons advised etc. by the Professional Standards Authority for Health and Social Care to pay fee), so far as relating to the Scottish Ministers,

(d) section 224(1) (funding of the Professional Standards Authority for Health and Social Care), so far as relating to a body that regulates a profession in Scotland which does not fall within Section G2 of Part 2 of Schedule 5 to the Scotland Act 1998 (health professions),

(e) section 224(4) and (5) (power of the Professional Standards Authority for Health and Social Care to borrow), so far as relating to functions of the Professional Standards Authority for Health and Social Care which are exercisable in relation to—

(i) unregulated health professionals in Scotland, unregulated health care workers in Scotland or relevant students in Scotland,

(ii) a body that maintains a register of persons within sub-paragraph (i),

(iii) a profession in Scotland which does not fall within Section G2 of Part 2 of Schedule 5 to the Scotland Act 1998, or

(iv) a body that regulates a profession within sub-paragraph (iii),

(f) section 225(1) (power of the Professional Standards Authority for Health and Social Care to advise regulatory bodies etc.), so far as relating to a body that regulates a profession in Scotland which does not fall within Section G of Part 2 of Schedule 5 to the Scotland Act 1998 (architects, health professions and auditors),

(g) section 226(8) (requirement for the Professional Standards Authority for Health and Social Care to lay copy strategic reports before Parliament etc.), so far as relating to the Scottish Parliament,

(h) section 227 (appointments to regulatory bodies), so far as relating to—

(i) the exercise of the appointment functions under subsection (8)(f) of the provision inserted by that section, or

(ii) subsection (4) of that provision,

(i) section 228 (establishment of voluntary registers), so far as relating to the establishment and maintenance of relevant registers,

(j) section 229 (accreditation of voluntary registers), so far as relating to the functions of the Professional Standards Authority for Health and Social Care in relation to relevant registers,

(k) Part 2 or 3 of Schedule 15 (amendments relating to the Health and Care Professions Council or the Professional Standards Authority for Health and Social Care) and section 230(1) so far as relating to the Part in question, and

(l) paragraphs 1 to 4 of Schedule 21 (amendments of the National Health Service (Scotland) Act 1978 relating to the relationships between the health services) and section 297 so far as relating to those paragraphs.

(2) In this section—

“relevant registers” means—registers of unregulated health professionals in Scotland,registers of unregulated health care workers in Scotland, orregisters of relevant students in Scotland,

“relevant students in Scotland” means persons participating in studies in Scotland for the purpose of becoming—an unregulated health professional,an unregulated health care worker, ora member of a profession which does not fall within Section G2 of Part 2 of Schedule 5 to the Scotland Act 1998,

“unregulated health professional” means a person who is or has been practising as an unregulated health professional (within the meaning of the provisions inserted by section 228) and “unregulated health professional in Scotland” means a person who is or has been practising as such in Scotland, and

“unregulated health care worker” means a person who is or has been engaged in work as an unregulated health care worker (within the meaning of those provisions) and “unregulated health care worker in Scotland” means a person who is or has been engaged in such work in Scotland.

Extent

308

(1) Subject to subsections (2) to (5), this Act extends to England and Wales only.

(2) Any amendment, repeal or revocation made by this Act has the same extent as the enactment amended, repealed or revoked.

(3) The following provisions extend to England and Wales, Scotland and Northern Ireland—

(a) section 46 insofar as it inserts section 252A(8) of the National Health Service Act 2006;

(b) sections 56(1) and (3), 57, 58 and 60 (public health functions);

(d) section 214(1) (the Health and Care Professions Council);

(e) section 222(1) (the Professional Standards Authority for Health and Social Care);

(f) section 230(1) to (4) and (6) and paragraphs 53 and 59 of Schedule 15 (Part 7: consequential provision etc.);

(g) section 231(1), (3) and (4) and Part 4 of Schedule 15 (abolition of the Office of the Health Professions Adjudicator);

(h) section 279(1) and (3) and Part 2 of Schedule 20 (abolition of the Appointments Commission);

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) this Part.

(4) Sections 128 to 133 (health special administration) extend to England and Wales and Scotland.

(5) The Secretary of State may by order provide that specified provisions of this Act, in their application to the Isles of Scilly, have effect with such modifications as may be specified.

Short title

309

This Act may be cited as the Health and Social Care Act 2012.

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Health and Social Care Act 2012

Information standards: supplementary

251

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

... General duties

The Health and Social Care Information Centre

252

General duties

253

Functions: information systems

Powers to direct Information Centre to establish information systems

254

Powers to request Information Centre to establish information systems

255

Requests for collection under section 255: confidential information

256

Requests under section 255: supplementary

257

Information systems: supplementary

258

Powers to require and request provision of information

259

Publication of information

260

Other dissemination of information

261

Other dissemination: directions and requests under sections 254 and 255

262

Code of practice on confidential information

263

Information Register

264

Advice or guidance

265

Functions: quality of health and social care information

Assessment of quality of information

266

Power to establish accreditation scheme

267

Functions: other

Database of quality indicators

268

Power to confer functions in relation to identification of GPs

269

Additional functions

270

Arrangements with other bodies

271

Failure by Information Centre to discharge any of its functions

272

Protection from personal liability

273

General and supplementary

Powers of Secretary of State or Board to give directions

274

Interpretation of this Chapter

275

Dissolution of predecessor body

276

Consequential provision

277

PART 10 — Abolition of certain public bodies etc

The Alcohol Education and Research Council

278

The Appointments Commission

279

The National Information Governance Board for Health and Social Care

280

The National Patient Safety Agency

281

The NHS Institute for Innovation and Improvement

282

Standing advisory committees

283

PART 11 — Miscellaneous

Information relating to births and deaths etc.

Special notices of births and deaths

284

Provision of information by Registrar General

285