Health and Social Care Bill (HL Bill 92)

265 Arrangements with other bodies

(1) The 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.

(2) 5The 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.

266 Failure by Information Centre to discharge any of its functions

(1) The Secretary of State may give a direction to the Information Centre if the
10Secretary 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,
and

(b) 15the 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) If the Information Centre fails to comply with a direction under subsection (1),
20the 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) Where the Secretary of State exercises a power under subsection (1) or (3), the
25Secretary of State must publish reasons for doing so.

267 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
if there were included in the authorities referred to in that section a reference
30to 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.

General and supplementary

268 35Powers 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
Information Centre’s functions as may be specified;

(b) 40requiring 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
any 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
5Information 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 251, or

(b) which the Secretary of State considers is information in respect of
10which a mandatory request may be made under section 252.

(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
regulations and in respect of which the Board may give a direction under
15section 251.

(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 258
(duty to publish information register).

(5) 20In 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
  under subsection (1).

269 25Interpretation of this Chapter

In this Chapter—

• “adult social care” has the meaning given by section 250;

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

• “devolved authority” means—

  (a)

  30the Scottish Ministers;

  (b)

  the Welsh Ministers; and

  (c)

  a Northern Ireland Minister;

• “health care” has the meaning given by section 252;

• “health or social care body” has the meaning given by section 255;

• 35“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 250;

• “mandatory request” has the meaning given by section 252;

• “Northern Ireland Minister” includes the First Minister, the deputy First
  40Minister and a Northern Ireland Department;

• “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
  45only of those functions;

• “relevant person” has the meaning given by section 256.

270 Dissolution of predecessor body

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

271 Consequential provision

5Schedule 20 (which contains consequential provision) has effect.

Part 10 Abolition of certain public bodies etc

272 The Alcohol Education and Research Council

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

(2) 10The Licensing (Alcohol Education and Research) Act 1981 is repealed.

(3) Part 1 of Schedule 21 (which contains consequential amendments and savings)
has effect.

273 The Appointments Commission

(1) The Appointments Commission is abolished.

(2) 15Part 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.

274 The National Information Governance Board for Health and Social Care

(1) The National Information Governance Board for Health and Social Care is
20abolished.

(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 Functions relating to processing of information by registered persons

(1) 25The 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
30Monitor 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) 35In 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
5exercise 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
10the 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) 15information (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—

• 20“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;

• 25“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
30paragraph (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”
35substitute “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) 40omit “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
45March 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 21 (which contains consequential amendments and savings)
has effect.

275 The National Patient Safety Agency

(1) The National Patient Safety Agency is abolished.

(2) 5The National Patient Safety Agency (Establishment and Constitution) Order
2001 (S.I. 2001/1743S.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).

276 The NHS Institute for Innovation and Improvement

(1) 10The NHS Institute for Innovation and Improvement is abolished.

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

277 Standing advisory committees

(1) Omit section 250 of, and Schedule 19 to, the National Health Service Act 2006
15(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
20Committees) Order 1981 (S.I. 1981/597S.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.

278 25Special notices of births and deaths

(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
30or 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
35accordance 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
5is 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
10relevant 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) 15the 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
20relation to the health service.

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

(9) Until the commencement of section 31, 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.

279 25 Provision of information by Registrar General

(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”,
30and

(b) at the end insert “—

(a) the Secretary of State,

(b) the Board,

(c) a clinical commissioning group,

(d) 35a 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) 40the 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) 5In this section, “local authority” has the same meaning as in section 2B.”

280 Provision of information by Registrar General: Wales

(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) 10for “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
15exercisable 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) 20In 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”.

281 Provision of statistical information by Statistics Board

(1) 25Section 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
30the 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) 35the 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) 40Those 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
5Health 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) 10such 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) 15in 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
20in 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
25direction 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”
  30have 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

282 35Monitor: duty to co-operate with Care Quality Commission

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

(2) In particular Monitor must—

(a) give the Commission any information Monitor has about the provision
40of health care services which Monitor 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
5registration 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.

(3) Without prejudice to subsection (2)(a) Monitor must, on request, provide the
10Commission with any material relevant to the exercise of Monitor’s functions
pursuant to section 69(2), so far as the material relates to the provision of health
care services.

(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.

283 15Care Quality Commission: duty to co-operate with Monitor

(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) 20The 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
25provision of health care which the Commission or Monitor
considers would assist Monitor in the exercise of its functions,
and

(b) make arrangements with Monitor to ensure that—

(i) a person applying to be both registered under Chapter 2
30and for a licence under the Health and Social Care Act
2011 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) 35seek 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) 40for “an NHS foundation trust” substitute “a person who holds a licence
under the Health and Social Care Act 2011”.

(5) After that subsection insert—

“(4) In this section, a reference to a licence under the Health and Social Care
Act 2011 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”.

284 Other duties to co-operate

(1) Monitor and each relevant body must co-operate with each other in the
5exercise of their respective functions.

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

(3) The relevant bodies are—

(a) the National Health Service Commissioning Board,

(b) 10the National Institute for Health and Care Excellence,

(c) the Health and Social Care Information Centre, and

(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
15list of relevant bodies a body that has functions relating to health.

(5) Where Monitor or the Care Quality Commission regulates an activity of a
relevant body, the duty imposed by subsection (1) or (as the case may be)
subsection (2) does not apply to—

(a) the exercise by Monitor or by the Commission of its function of
20regulating that activity;

(b) the exercise by the relevant body of any function in so far as it involves
carrying on that activity.

(6) A reference in this section to regulating an activity includes a reference to—

(a) authorising the carrying on of the activity, imposing restrictions on the
25carrying on of the activity, and exercising functions in relation to such
authorisations or restrictions;

(b) enforcing the performance of an obligation imposed (whether or not by
provision made by or under an enactment) with respect to the carrying
on of the activity;

(c) 30issuing guidance on the carrying on of the activity, the authorisation of
the activity, restrictions on the activity, or the performance of obligation
imposed with respect to the carrying on of the activity.

(7) For the purposes of this section and section 285, the functions of a Special
Health Authority include such functions as it is directed to exercise under
35section 7 of the National Health Service Act 2006 (directions by Secretary of
State).

(8) References in this section and section 285 to functions are references to
functions so far as exercisable in relation to England.

285 Breaches of duties to co-operate

(1) 40If 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—