Health and Social Care Bill (HL Bill 92)

Part 9 Health and adult social care services: information

CHAPTER 1 Information standards

247 Powers to publish information standards

(1) 5The Secretary of State or the National Health Service Commissioning Board
(referred to in this Chapter as “the Board”) may prepare and publish an
information standard.

(2) For the purposes of this Part “an information standard” is a document
containing standards in relation to the processing of information.

(3) 10The Secretary of State may exercise the power under subsection (1) only in
relation to information concerning, or connected with, the provision of health
services or of adult social care in England.

(4) The Board may exercise the power under subsection (1) only in relation to
information concerning, or connected with, the provision of NHS services.

(5) 15An information standard must include guidance about the implementation of
the standard.

(6) The following must have regard to an information standard published under
this section—

(a) the Secretary of State;

(b) 20the Board;

(c) any public body which exercises functions in connection with the
provision of health services or of adult social care in England;

(d) any person (other than a public body) who provides health services, or
adult social care in England pursuant to arrangements made with a
25public body exercising functions in connection with the provision of
such services or care.

(7) In this section—

• “adult social care”—

  (a)

  includes all forms of personal care and other practical assistance
  30provided 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, but

  (b)

  does not include anything provided by an establishment or
  35agency 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; and for that purpose “the health
  40service” has the same meaning as in the National Health Service Act
  2006 (see section 275(1) of that Act);

• “NHS services” means services the provision of which is arranged by the
  Board or a clinical commissioning group under the National Health

  Health and Social Care BillPage 241

  Service Act 2006 (including pursuant to arrangements made under
  section 7A of that Act);

• “processing” has the same meaning as in the Data Protection Act 1998 (see
  section 1 of that Act);

• 5“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
  only of those functions.

248 10Information standards: supplementary

(1) Before publishing an information standard, the Secretary of State or the Board
must consult such persons as the Secretary of State or (as the case may be) the
Board considers appropriate.

(2) For the purposes of section 247 the Secretary of State or the Board may adopt
15an information standard prepared or published by another person.

CHAPTER 2 The Health and Social Care Information Centre

Establishment and general duties

249 The Health and Social Care Information Centre

(1) There is to be a body corporate known as the Health and Social Care
20Information Centre (referred to in this Chapter as “the Information Centre”).

(2) Schedule 19 (which makes further provision about the Information Centre) has
effect.

250 General duties

(1) In exercising its functions the Information Centre must have regard to—

(a) 25the information standards published by the Secretary of State or the
Board under section 247,

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

(c) such guidance issued by the Board as the Board may require, and

(d) 30the need to promote the effective, efficient and economic use of
resources in the provision of health services and of adult social care in
England.

(2) The Information Centre must—

(a) seek to minimise the burdens it imposes on others, and

(b) 35exercise its functions effectively, efficiently and economically.

(3) In this Chapter—

• “adult social care”—

  (a)

  includes all forms of personal care and other practical assistance
  provided for individuals who by reason of age, illness,

  Health and Social Care BillPage 242

  disability, pregnancy, childbirth, dependence on alcohol or
  drugs, or any other similar circumstances, are in need of such
  care or other assistance, but

  (b)

  does not include anything provided by an establishment or
  5agency 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.

10Functions: information systems

251 Powers to direct Information Centre to establish information systems

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

(2) 15A direction may be given under subsection (1) by the Secretary of State only
if—

(a) it is in respect of information which the Secretary of State considers 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
20in 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) 25A direction may be given under subsection (1) by the Board only if it is in
respect of information which the Board considers it is necessary or expedient
for the Board to have in relation to its exercise of functions in connection with
the provision of NHS services.

(4) In subsection (3) “NHS services” means services the provision of which is
30arranged by the Board or a clinical commissioning group under the National
Health Service Act 2006 (including pursuant to arrangements made under
section 7A of that Act).

(5) Before giving a direction under subsection (1) the Secretary of State or (as the
case may be) the Board must consult the Information Centre.

(6) 35A function conferred by a direction given by the Secretary of State or the Board
under subsection (1) is subject to directions given by the Secretary of State or
(as the case may be) the Board about the Information Centre’s exercise of the
function.

252 Powers to request Information Centre to establish information systems

(1) 40Any person (including a devolved authority) may request the Information
Centre to establish and operate a system for the collection and analysis of
information of a description specified in the request.

(2) A request under subsection (1) must relate to information which the person
considers 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) The Information Centre must comply with a mandatory request unless the
Centre considers that the request relates to information of a description
5prescribed in regulations.

(4) For the purposes of this Chapter a “mandatory request” is a request under
subsection (1) which—

(a) is made by a relevant body, and

(b) relates to information which the body considers it is necessary or
10expedient 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) The Secretary of State or the Board may direct the Information Centre not to
comply with a request specified in the direction which is not a mandatory
15request.

(6) The Secretary of State or the Board may direct the Information Centre to
comply with a request specified in the direction which was made by a person
outside England.

(7) Subsection (8) applies where the Information Centre has discretion under this
20section 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, the Information Centre—

(a) must in particular consider whether doing so would interfere to an
25unreasonable extent with the exercise by the Centre of any of its
functions, and

(b) may take into account the extent to which the relevant body or other
person making the request has had regard to advice or guidance given
by the Centre under section 259.

(9) 30In this section “relevant body” means—

(a) Monitor,

(b) the Care Quality Commission,

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

(d) such other persons as may be prescribed in regulations.

(10) 35In 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.

253 Requests under section 252: supplementary

(1) 40The Information Centre must publish procedures for—

(a) the making and considering of requests under section 252, and

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

(2) The procedure mentioned in subsection (1)(b) must provide for the person who
45made the request to have an opportunity to make representations to the

Information Centre within a reasonable period for the purposes of the
reconsideration.

(3) The Information Centre may charge a person a reasonable fee in respect of the
cost of complying with a request made by that person under section 252.

(4) 5Before making a request under section 252 a person must consult the
Information Centre.

(5) The Information Centre must publish details of—

(a) any mandatory request, and

(b) any other request under section 252 with which the Centre is obliged,
10or decides, to comply.

254 Information systems: supplementary

(1) Before establishing an information system pursuant to a direction under
section 251 or a request under section 252 the Information Centre must
consult—

(a) 15the person who gave the direction or made the request,

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

(c) representatives of persons from whom that information will be
collected, and

(d) 20such other persons as the Centre considers appropriate.

(2) If the Information Centre reasonably believes that there is no longer a need to
retain information which it has collected pursuant to a direction under section
251 or a request under section 252, or information derived from such
information, the Centre may destroy the information.

255 25Powers to require and request provision of information

(1) The Information Centre may—

(a) require 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 purposes of any function it exercises by virtue
30of 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
35adult 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) A requirement under subsection (1)(a) must be complied with by providing the
information to the Information Centre in such form and manner, and within
40such period, as the Centre may specify.

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

(5) The Information Centre must publish a procedure for notifying persons of
requirements imposed, and requests made, under subsection (1).

(6) In imposing requirements under this section the Information Centre must co-
operate with any other person who is authorised to require the provision of
5information from a person mentioned in subsection (2).

(7) 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
10another Act (other than any restriction which allows disclosure if
authorised by or under an Act).

(8) 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.

256 15Publication of information

(1) The Information Centre must publish all information which it collects
pursuant to a direction under section 251 or a request under section 252 unless
the information falls within subsection (2); and, subject to the following
provisions of this section, if the information falls within that subsection, the
20Centre 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 the Centre, after taking into account the
25public 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,

(c) 30the Centre considers that—

(i) the information fails to meet the information standards
published under section 247 (so far as they are applicable), and

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

(d) 35the information is of a description specified in a direction given to the
Centre by the Secretary of State or the Board.

(3) A direction under section 251 may provide that the obligation to publish
imposed by subsection (1) applies to information falling within subsection
(2)(a) which is collected pursuant to the direction.

(4) 40Where the Information Centre publishes information which it collects
pursuant to a direction under section 251 or a mandatory request under section
252, the Centre—

(a) must comply with the requirements (if any) specified in the direction or
mandatory request as to the form, manner and timing of publication of
45the 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 the Information Centre publishes information which it collects
pursuant to a request under section 252 other than a mandatory request, the
Centre—

(a) may act in accordance with such provision (if any) as may be included
5in 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 timings of publication of
10information 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) the uses to which the Centre considers the information is likely to be
put.

(7) 15In 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).

257 Other dissemination of information

(1) The Information Centre may disseminate (other than by way of publication), to
20any such persons and in such form and manner and at such times, as it
considers appropriate any information—

(a) which it collects pursuant to a direction under section 251 or a request
under section 252, and

(b) which falls within subsection (2).

(2) 25Information 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 the Centre, after taking into account the
30public interest as well as the interests of the relevant person, considers
that it is appropriate for the information to be disseminated;

(c) the Centre is prohibited from publishing the information only by virtue
of it falling within section 256(2)(c) and the Centre considers it would
be in the public interest for the information to be disseminated;

(d) 35the Centre is prohibited from publishing the information only by virtue
of a direction given under section 256(2)(d) and that direction provides
that the power in subsection (1) applies to the information.

(3) A direction under section 256(2)(d) may require the Information Centre to
disseminate information which the Centre is prohibited from publishing only
40by virtue of the direction.

(4) A direction under section 251 may require, and a request under section 252
may request, the Information Centre to exercise—

(a) the power conferred by subsection (1) in relation to information which
it collects pursuant to the direction or request, or

(b) 45any 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
subsection (1) in relation to information which it collects pursuant to the
direction or request.

(6) 5Nothing in this section prevents the Information Centre from disseminating
information (otherwise than by publishing it) pursuant to the exercise of any
function conferred by or under any other provision of this or any other Act.

(7) A requirement imposed on, or a request made to, the Information Centre in
accordance with this section to disseminate information may include a
10requirement or request about the persons to whom the information is to be
disseminated and the form, manner and timing of dissemination.

258 Information Register

The Information Centre must maintain and publish a register containing
descriptions of the information which has been collected by virtue of this
15Chapter.

259 Advice or guidance

(1) The 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
20dissemination of information, and

(b) must, if requested to do so by the Secretary of State or the Board, give
advice 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) 25such other persons as may be specified in the request.

(2) Those persons are—

(a) the Secretary of State,

(b) the Board,

(c) any person who makes, or is proposing to make, a request under
30section 252,

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

(e) any 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) 35The 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
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) 40For 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
45section 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
5exercising 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.

Functions: quality of health and social care information

260 Assessment of quality of information

10The Information Centre must from time to time—

(a) so far as they are applicable, assess the extent to which information it
collects pursuant to a direction under section 251 or a request under 252
meets the information standards published under section 247, and

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

261 15Power to establish accreditation scheme

(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
20and operated by the Information Centre 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) 25to set the criteria to be met by a provider in order to be accredited (“the
accreditation criteria”),

(c) to 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) 30to 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

(c) to provide advice to applicants for accreditation with a view to
35ensuring that they meet the accreditation criteria.

(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

262 Database of quality indicators

(1) Regulations may make provision conferring functions on the Information
Centre in connection with the establishment, maintenance and publication of a
5database 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) 10the 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
Board may direct, and

(d) 15the 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.

263 Power to confer functions in relation to identification of GPs

(1) 20Regulations 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
the General Practitioner Register kept by the General Medical Council.

264 25Additional 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) supply accommodation to any person,

(d) 30supply 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) if doing so involves, or is connected with, the collection, analysis,
35publication 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) charge for anything it does in the exercise of a power under
40subsection (1), and

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