12321.31-37

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Lords Amendments to the Health and Social Care Bill

31

Clause 234
243
Page 235, line 6, at end insert—

“( )
But provision made under subsection (8) may impose a requirement on a

local authority, or a description of local authorities, only if the requirement

relates to—

(a)
the exercise by an authority of any of its functions under section 2B

or 111 of, or paragraphs 1 to 7B or 13 of Schedule 1 to, the National

Health Service Act 2006;

(b)
the exercise by an authority of any of its functions by virtue of

section 6C(1) or (3) of that Act;

(c)
anything done by an authority in pursuance of arrangements under

section 7A of that Act.”
244
Page 235, line 8, leave out “other than a local authority”
Clause 240
245
Page 237, line 23, leave out “its functions” and insert “any function it has under or

by virtue of any other provision of this Part”
Clause 242
246
Page 238, line 11, at end insert—

“( )
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.”
Clause 246
247
Page 239, line 16, after “Consultation” insert “with any person”
Clause 247
248
Page 241, line 2, at end insert “or section 117 of the Mental Health Act 1983 (after-

care)”
Clause 251
249
Page 242, line 13, leave out second “and” and insert “or”
250
Page 242, line 17, leave out from beginning to second “it” and insert “the Secretary

of State considers that the information which could be obtained by complying with

the direction is information which”
251
Page 242, line 25, leave out from “if” to “it” in line 26 and insert “the Board

considers that the information which could be obtained by complying with the

direction is information which”
252
Page 242, line 32, at end insert “or section 117 of the Mental Health Act 1983 (after-

care)”
253
Page 242, line 38, at end insert—

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“( )
The Information Centre may charge the Board a reasonable fee in respect

of the cost of complying with a direction given by the Board under

subsection (1).”
Clause 252
254
Page 242, line 41, leave out second “and” and insert “or”
255
Page 242, line 43, leave out from beginning to “it” in line 44 and insert “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”
256
Page 243, line 6, leave out from “Chapter” to “it” in line 9 and insert “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”
257
Page 243, line 27, leave out “relevant” and insert “principal”
258
Page 243, line 28, after “to” insert—

“(i)
the code of practice prepared and published by the Centre

under section (Code of practice on confidential information),

and

(ii)
”
259
Page 243, line 30, leave out ““relevant” and insert ““principal”
After Clause 252
260
Insert the following new Clause—

“Requests for collection under section 252: confidential information

(1)
A request under section 252 is a confidential collection request if it is a

request for the Information Centre 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 252 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 the Information Centre by the

person holding it, or

(c)
relates to information which may otherwise be lawfully disclosed to

the Information Centre or to R by the person holding it.”
Clause 254
261
Page 244, line 18, leave out “that” and insert “any”
262
Page 244, line 22, leave out “collected pursuant to” and insert “obtained by

33

complying with”
263
Page 244, line 23, leave out “or information derived from such information,”
Clause 255
264
Page 244, line 37, at end insert—

“(2A)
But the Information Centre may not impose a requirement under

subsection (1)(a) for the purpose of complying with a confidential

collection request falling within section (Requests for collection under section

252: confidential information)(2)(c).

(2B)
In such a case, the Information Centre may, however, request any person

mentioned in subsection (2) to provide it with any information which the

Centre considers it necessary or expedient for the Centre to have for the

purpose of complying with the request.”
265
Page 244, line 44, at end insert—

“( )
If the Information Centre considers it appropriate to do so, the Centre may

make a payment to any person mentioned in subsection (2)(b) who has

provided information to the Centre pursuant to a request made under

subsection (2B) in respect of the costs to that person of doing so.”
266
Page 245, line 2, leave out “subsection (1)” and insert “this section”
Clause 256
267
Page 245, line 16, leave out “collects pursuant to” and insert “obtains by complying

with”
268
Page 245, line 18, leave out “the following provisions of this section” and insert

“subsection (3)”
269
Page 245, line 39, leave out “collected pursuant to” and insert “obtained by

complying with”
270
Page 245, line 40, leave out “collects pursuant to” and insert “obtains by complying

with”
271
Page 246, line 1, leave out “collects pursuant to” and insert “obtains by complying

with”
Clause 257
272
Page 246, line 22, leave out “collects pursuant to” and insert “obtains by complying

with”
273
Page 246, line 29, after “and” insert “—

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

(ii)
”
274
Page 246, line 31, at end insert—

“( )
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;”
275
Page 246, line 40, at end insert—

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“(3A)
The Information Centre 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 251 or a request under section

252 (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

the Centre collected the information.

(3B)
The Information Centre may also disclose information which it obtains by

complying with a direction under section 251 or a request under section 252

(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,

(c)
the disclosure is necessary or expedient for the purposes of

protecting the welfare of any individual,

(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).

(3C)
Paragraphs (a), (b) and (f) of subsection (3B) have effect notwithstanding

any rule of common law which would otherwise prohibit or restrict the

disclosure.”
276
Page 246, line 41, leave out subsections (4) and (5)
277
Page 247, line 5, after “section” insert “or section (Dissemination: directions under

section 251 and requests under section 252)”
278
Page 247, line 6, leave out from “it)” to first “any” in line 7 and insert “under or by

virtue of”
279
Page 247, line 8, leave out subsection (7)
280
Page 247, line 11, at end insert—

“( )
For the purposes of this section and section (Dissemination: directions under

section 251 and requests under section 252) the provision by the Information

Centre of information which it has obtained by complying with a direction

under section 251 or a request under section 252 to the person who gave the

direction or made the request is to be treated as dissemination by the

Centre of that information to that person.”
After Clause 257
281
Insert the following new Clause—

“Other dissemination: directions under section 251 and requests under section

252

(1)
A direction under section 251 may require the Information Centre to

disseminate information which it obtains by complying with the direction

if the information falls within subsection (2).

35

(2)
Information falls within this subsection if—

(a)
the information is required to be published under section 256;

(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)
the person giving the direction, 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)
the Centre is prohibited from publishing the information only by

virtue of it falling within section 256(2)(c) and the person giving the

direction considers it would be in the public interest for the

information to be disseminated.

(3)
A direction under section 251 may require the Information Centre to

exercise—

(a)
the power conferred by section 257(3A) in relation to information

which it collects pursuant to the direction, or

(b)
any other power it has under or by virtue of any other provision of

this Act (other than section 257(1) or (3B)) or any other Act to

disseminate information which it obtains by complying with the

direction.

(4)
A request under section 252 may request the Information Centre to

exercise—

(a)
the power conferred by section 257(1) or (3A) 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 direction under section 251 may require, and a request under section 252

may request, the Information Centre not to exercise the power conferred by

section 257(1) or (3A) in relation to information which it obtains by

complying with the direction or request.

(6)
Section 252(3) does not apply in relation to anything included in a

mandatory request by virtue of subsection (4) or (5).

(7)
A requirement imposed on, or a request made to, the Information Centre in

accordance with this section to disseminate information may include a

requirement or request about the persons to whom the information is to be

disseminated and the form, manner and timing of dissemination.”
282
Insert the following new Clause—

“Code of practice on confidential information

(1)
The Information Centre 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

36

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, the Information Centre must consult—

(a)
the Secretary of State,

(b)
the Board, and

(c)
such other persons as the Centre considers appropriate.

(4)
The Information Centre must not publish the code without the approval

of—

(a)
the Secretary of State, and

(b)
the Board, so far as the code relates to information concerning, or

connected with, the provision of NHS services.

(5)
The Information Centre 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.”
Clause 258
283
Page 247, line 14, leave out “collected” and insert “obtained”
Clause 259
284
Page 247, line 31, leave out “other”
285
Page 247, line 32, leave out “other”
Clause 264
286
Page 249, line 37, leave out “its functions” and insert “any function under or by

virtue of any other provision of this or any other Act”
Clause 266
287
Page 250, line 25, at end insert—

“( )
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

37

case may be) with what otherwise appears to the Secretary of State to be the

purpose for which it is conferred.”
Clause 268
288
Page 251, line 2, at end insert—

“(d)
requiring the Centre to exercise such systems delivery functions of

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

specified.”
289
Page 251, line 2, at end insert—

“( )
A function required to be exercised by a direction given by the Secretary of

State or the Board by virtue of subsection (1) is subject to directions given

by the Secretary of State or (as the case may be) the Board about the exercise

of the function.”
290
Page 251, line 19, at end insert—

“( )
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 the Information Centre for things done in the exercise

of the function in respect of which the direction is given.

( )
A power conferred on the Board under subsection (1)(d) must provide that

a direction must permit the Information Centre to charge the Board a

reasonable fee in respect of the cost of complying with the direction.

( )
A power conferred under subsection (1)(d) must provide that the giving of

a direction does not prevent the Secretary of State or (as the case may be)

the Board from exercising the function in respect of which the direction is

given.”
291
Page 251, line 24, at end insert—

““systems delivery function”—

(a)
in relation to the Secretary of State, means a function of the

Secretary of State 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;

(b)
in relation to the Board, means a function of the Board

which is exercisable in relation to the development or

operation of information or communications systems in

connection with the provision of NHS services.”
Clause 288
292
Page 261, line 30, at end insert—

“(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.””