Reform history

- (3) After subsection (5A) insert—

> (5B) In subsection (1)—

> (b) harm is avoidable, in relation to a service, unless the person providing the service cannot reasonably avoid it (whether because it is an inherent part or risk of a regulated activity or for another reason).

### Continuity of information

> (251A)

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

> (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—

> (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

> (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;

In Part 9 of the Health and Social Care Act 2012 (health and adult social care services: information), after section 251A (as inserted by section 2 of this Act) insert—

> (251B)

> (2) The relevant person must ensure that the information is disclosed to—

> (a) persons working for the relevant person, and

> (b) any other relevant health or adult social care commissioner or provider with whom the relevant person communicates about the individual,

> but this is subject to subsections (3) to (6).

> (3) Subsection (2) applies only so far as the relevant person considers that the disclosure is—

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

> (4) The relevant person need not comply with subsection (2) if the relevant person reasonably considers that one or more of the following apply—

> (a) the individual objects, or would be likely to object, to the disclosure of the information;

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

> (251C)

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

> (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—

> (i) pursuant to arrangements made with a public body exercising functions in connection with the provision of the services or care, and

> (ii) otherwise than as a member or officer of a body or an employee of a person,

> (3) The Secretary of State may by regulations provide for a person to be excluded from the definition of “relevant health or adult social care commissioner or provider”, whether generally or in particular cases.

> (5) A reference to an inclusion or a disclosure being likely to facilitate the provision to an individual of health services or adult social care in England is to its being likely to facilitate that provision directly (rather than by means of a clinical trial, a study, an audit, or any other indirect means).

> (7) Other terms have the same meaning as in section 250 (and “processes” and “processed” are to be read in accordance with the meaning of “processing” in that section).

### Objectives

> (a) to protect, promote and maintain the health, safety and well-being of the public;

> (b) to promote and maintain public confidence in the professions regulated by the regulatory bodies;

> (c) to promote and maintain proper professional standards and conduct for members of those professions;

> (e) to promote and maintain proper standards and conduct for business registrants (as defined in section 36(1) of the Opticians Act 1989).

- (2) The Schedule makes provision with respect to the objectives of regulatory bodies in relation to which the Professional Standards Authority for Health and Social Care exercises functions.

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- (2) In article 3 (Nursing and Midwifery Council and its committees), for paragraph (4) substitute—

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- (2) In article 3 (Health and Care Professions Council and its committees), for paragraph (4) substitute—

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> (1) The over-arching objective of the Council in exercising its functions is the protection of the public.

> (1A) The pursuit by the Council of its over-arching objective involves the pursuit of the following objectives—