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Health and Social Care Bill (HC Bill 221)

Health and Social Care BillPage 240

(10) In considering the appropriate form, manner and intervals for publication of
information under this section, the Information Centre must have regard to—

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

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

(c) 5the uses to which the Centre considers the information is likely to be
put.

(11) In this section “relevant person” means—

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

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

263 10Information Register

The Information Centre must maintain and publish a register containing
descriptions of the information which has been collected by virtue of this
Chapter.

264 Advice or guidance

(1) 15The Information Centre—

(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 or the Board, give
20advice or guidance on any such matter as may be specified in the
request to—

(i) the Secretary of State or (as the case may be) the Board;

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

(2) Those persons are—

(a) 25the Secretary of State,

(b) the Board,

(c) any person who makes, or is proposing to make, a request under
section 258,

(d) any other health or social care body, and

(e) 30any other 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 the Information Centre to give the
35Secretary 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
40comes 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
45England.

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(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
5guidance given to the person under this section.

Functions: quality of health and social care information

265 Assessment of quality of information

The Information Centre must from time to time—

(a) so far as they are applicable, assess the extent to which information it
10collects pursuant to a direction under section 257 or a request under 258
meets the information standards published under section 253, and

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

266 Power to establish accreditation scheme

(1) Regulations may make provision for the establishment and operation of a
15scheme 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 the Information Centre or such other person as the Secretary
of State may specify in the regulations (the “operator”).

(3) 20The 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”),

(c) 25to keep an accreditation under the scheme under review, and

(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) 30to provide for the review of a decision to refuse an application for
accreditation, and

(c) to provide advice to applicants for accreditation with a view to
ensuring that they meet the accreditation criteria.

(5) In this section “information service provider” means any person other than a
35public 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

267 Database of quality indicators

(1) 40Regulations may make provision conferring functions on the Information
Centre in connection with the establishment, maintenance and publication of a

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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
5database,

(b) the giving of advice and guidance by the Information Centre 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 the
10Board 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.

268 15Power to confer functions in relation to identification of GPs

(1) Regulations may make provision conferring functions on the Information
Centre 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
20the General Practitioner Register kept by the General Medical Council.

269 Additional functions

(1) The Information Centre may do any of the following—

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

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

(c) 25supply accommodation to any person,

(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 the Information Centre may exercise a power under subsection (1) only—

(a) 30if 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 the Centre of its functions.

(3) The Information Centre may—

(a) 35charge 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.

270 Arrangements with other bodies

(1) 40The Information Centre may arrange with any person or body to provide, or
assist in providing, any service which the Centre is required or authorised to
provide by virtue of this Chapter.

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(2) The power under this section may be exercised on such terms as may be
agreed, including terms as to the making of payments by or to the Information
Centre.

271 Failure by Information Centre to discharge any of its functions

(1) 5The Secretary of State may give a direction to the Information Centre if the
Secretary of State considers that—

(a) the Centre—

(i) is failing or has failed to discharge any of its functions, or

(ii) is failing or has failed properly to discharge any of its functions,
10and

(b) the failure is significant.

(2) A direction under subsection (1) may direct the Information Centre to
discharge such of those functions, and in such manner and within such period
or periods, as may be specified in the direction.

(3) 15If the Information Centre fails to comply with a direction under subsection (1),
the Secretary of State may—

(a) discharge the functions to which it relates, or

(b) make arrangements for any other person to discharge them on the
Secretary of State’s behalf.

(4) 20Where the Secretary of State exercises a power under subsection (1) or (3), the
Secretary of State must publish reasons for doing so.

272 Protection from personal liability

(1) Section 265 of the Public Health Act 1875 (which relates to the protection of
members and officers of certain authorities from personal liability) has effect as
25if there were included in the authorities referred to in that section a reference
to the Information Centre.

(2) In its application to the Information Centre as provided for by subsection (1),
section 265 of that Act has effect as if any reference in that section to the Public
Health Act 1875 were a reference to this Act.

30General and supplementary

273 Powers of Secretary of State or Board to give directions

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

(a) requiring a health or social care body to exercise such of the
35Information Centre’s functions as may be specified;

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

(c) requiring the Centre to exercise such of the information functions of
40any health or social care body as may be specified.

(2) 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 the

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Information Centre 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 257, or

(b) 5which the Secretary of State considers is information in respect of
which a mandatory request may be made under section 258.

(3) A power conferred on the Board under subsection (1)(a) must provide that a
direction may be given in respect of a function of the Information Centre only
if the function relates to information which is of a description prescribed in the
10regulations and in respect of which the Board may give a direction under
section 257.

(4) A power conferred under subsection (1)(a) must provide that a direction must
include provision requiring the body in question to provide the Information
Centre with the information it needs to comply with the duty under section 263
15(duty to publish information register).

(5) In this section—

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

  • “specified” means specified in a direction given under regulations made
    20under subsection (1).

274 Interpretation of this Chapter

In this Chapter—

  • “adult social care” has the meaning given by section 256;

  • “the Board” means the National Health Service Commissioning Board;

  • 25“devolved authority” means—

    (a)

    the Scottish Ministers;

    (b)

    the Welsh Ministers; and

    (c)

    the Department of Health, Social Services and Public Safety in
    Northern Ireland;

  • 30“health care” has the meaning given by section 258;

  • “health or social care body” has the meaning given by section 261;

  • “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 256;

  • 35“mandatory request” has the meaning given by section 258;

  • “public body” means a body or other person whose functions—

    (a)

    are of a public nature, or

    (b)

    include functions of that nature,

    but in the latter case, the body or person is a public body to the extent
    40only of those functions.

275 Dissolution of predecessor body

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

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276 Consequential provision

Schedule 20 (which contains consequential provision) has effect.

Part 10 Abolition of certain public bodies etc

277 5The Alcohol Education and Research Council

(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 21 (which contains consequential amendments and savings)
has effect.

278 10The Appointments Commission

(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 21 (which contains consequential amendments and savings)
has effect.

279 15The National Information Governance Board for Health and Social Care

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

20A Functions relating to processing of information by registered persons

(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
25relation 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
30the 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
35provision of the health service continued under section 1 of the
National Health Service Act 2006,

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(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
5carrying 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
10mental 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
15from 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;

  • 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) 25In 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
30making 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) 35in 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
40Schedule 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
45processing of relevant information within the meaning of section 20A of the
Health and Social Care Act 2008.

(8) Part 3 of Schedule 21 (which contains consequential amendments and savings)
has effect.

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280 The National Patient Safety Agency

(1) The National Patient Safety Agency is abolished.

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

(3) 5In section 13 of the NHS Redress Act 2006 (scheme authority’s duties of co-
operation), omit subsection (2).

281 The NHS Institute for Innovation and Improvement

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

(2) The NHS Institute for Innovation and Improvement (Establishment and
10Constitution) Order 2005 (S.I. 2005/1446S.I. 2005/1446) is revoked.

282 Standing advisory committees

(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
15Health 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. 1981/597S.I. 1981/597) (establishment of the Joint Committee
on Vaccination and Immunisation) made under that section.

20Part 11 Miscellaneous

Information relating to births and deaths etc.

283 Special notices of births and deaths

(1) Section 269 of the National Health Service Act 2006 (special notices of births
25and 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
30deaths 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) 35after “under subsection (4)” insert “to a relevant body”, and

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

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(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
5its 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
10relevant 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) commissioning consortia,

(c) 15local 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) 20Until the commencement of section 30, 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.

284 Provision of information by Registrar General

(1) Section 270 of the National Health Service Act 2006 (provision of information
25by 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) 30the Secretary of State,

(b) the Board,

(c) a commissioning consortium,

(d) a local authority,

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

(f) 35the 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
40in 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”.

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(4) After subsection (4) insert—

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

285 Provision of information by Registrar General: Wales

(1) Section 201 of the National Health Service (Wales) Act 2006 (provision of
5information 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) 10the 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) 15such 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) 20for “their functions” substitute “functions exercisable by the person”.

286 Provision of statistical information by Statistics Board

(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) 25The 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
30purpose 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
35subsection (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) 40the National Health Service Commissioning Board,

(d) a commissioning consortium,

(e) a local authority,

(f) a Local Health Board,