Health and Social Care Bill (HL Bill 119)

(2) For that purpose, the Authority must have regard to such guidance
relating to the preparation of impact assessments as it considers
appropriate.

(3) An assessment under this section must, in particular, include an
5assessment of the likely impact of accrediting the register on—

(a) persons who are, or are eligible to be, included in the register;

(b) persons who employ persons who are, or are eligible to be,
included in the register;

(c) users of health care, users of social care in England and users of
10social work services in England.

(4) For the purposes of subsection (3), the Authority may request the
person who maintains the register to provide it with such information
as it specifies; and if the person refuses to comply with the request, the
Authority may refuse to accredit the register.

(5) 15The Authority may publish any assessment it makes under this section.

(6) In deciding whether to accredit a register under section 25G, the
Authority must have regard to its assessment under this section in
relation to the register.

25I Functions of the Authority in relation to accredited voluntary registers

(1) 20The Authority has the following functions—

(a) to promote the interests of users of health care, users of social
care in England, users of social work services in England and
other members of the public in relation to the performance of
voluntary registration functions,

(b) 25to promote best practice in the performance of voluntary
registration functions, and

(c) to formulate principles of good governance in the performance
of voluntary registration functions and to encourage persons
who maintain or operate accredited voluntary registers to
30conform to those principles.

(2) In this section—

(a) a reference to the performance of voluntary registration
functions is a reference to the maintenance or operation of an
accredited voluntary register, and

(b) 35“accredited voluntary register” means a register accredited
under section 25G”.”

(2) In section 26 of that Act (general powers and duties of the Authority), after
subsection (2) insert—

“(2A) A reference in subsection (2) to a regulatory body includes a reference
40to a person other than a regulatory body who has voluntary
registration functions; and for that purpose, the only functions that
person has are the person’s voluntary registration functions.”

(3) After subsection (3) of that section insert—

“(3A) A reference in subsection (3) to a regulatory body includes a reference
45to a person other than a regulatory body in so far as that person has
voluntary registration functions.”

(4) After subsection (4) of that section insert—

“(4A) For the purposes of paragraph (c) of subsection (4), the reference in that
subsection to subsection (3) includes a reference to subsection (3) as
construed in accordance with subsection (3A).”

(5) 5After subsection (12) of that section insert—

“(13) In this section, “voluntary registration functions” is to be construed in
accordance with section 25I.”

(6) In section 26A of that Act (powers of Secretary of State and devolved
authorities to request advice etc.), after subsection (1A) (inserted by section
10222(3)), insert—

“(1B) The Secretary of State may request the Authority for advice on any
matter connected with accreditation of registers under section 25G; and
the Authority must comply with such a request.

(1C) The Welsh Ministers, the Scottish Ministers or the relevant Northern
15Ireland department may request the Authority for advice on any matter
connected with accreditation of registers under section 25G other than
accreditation of registers referred to in subsection (1D); and the
Authority must comply with such a request.

(1D) The registers are registers of persons who are or have been—

(a) 20unregulated social care workers in England,

(b) participating in studies for the purpose of becoming a member
of the social work profession in England;

(c) participating in studies for the purpose of becoming an
unregulated social care worker in England.

(1E) 25In subsection (1D), “the social work profession in England” and
“unregulated social care worker in England” each have the meaning
given in section 25E.”

(7) In section 26B of that Act (duty of the Authority to inform and consult the
public), after subsection (1) insert—

“(1A) 30The references in subsection (1) to the Authority’s functions do not
include a reference to its accreditation functions.

(1B) For the purpose of ensuring that members of the public are informed
about the exercise by the Authority of its accreditation functions, the
Authority may publish or provide in such manner as it thinks fit
35information about the exercise of those functions.

(1C) For the purposes of this section, the Authority’s accreditation functions
are—

(a) its functions under sections 25G to 25I,

(b) its functions under section 26 that relate to the performance of
40voluntary registration functions (within the meaning given by
section 25I), and

(c) its function under section 26A(1B).”

(8) In subsection (2) of that section, after “subsection (1)” insert “or (1B)”.

(9) At the end of subsection (4) of that section insert “(other than its accreditation
45functions)”.

Consequential provision etc.

229 Consequential provisions and savings, etc.

(1) Parts 1 to 3 of Schedule 16 (which contain minor and consequential
amendments and savings relating to the preceding provisions of this Part)
5have effect.

(2) The Privy Council may by order make transitional, transitory or saving
provision in connection with the commencement of the preceding provisions
of this Part.

(3) The quorum for the exercise of the power under subsection (2) is two.

(4) 10Anything done by the Privy Council under subsection (2) is sufficiently
signified by an instrument signed by the Clerk of the Council.

(5) In section 38 of the National Health Service Reform and Health Care
Professions Act 2002 (regulations and orders), after subsection (4) insert—

“(4A) The quorum for the exercise by the Privy Council of the power under
15section 25A, 27 or 28 or paragraph 6 of Schedule 7 is two; and anything
done by the Privy Council under either of those sections or that
paragraph is sufficiently signified by an instrument signed by the Clerk
of the Council.”

(6) The amendments made by this Part to an Order in Council under section 60 of
20the Health Act 1999 do not affect the power to make a further Order in Council
under that section amending or revoking provision made by those
amendments.

The Office of the Health Professions Adjudicator

230 Abolition of the Office of the Health Professions Adjudicator

(1) 25The Office of the Health Professions Adjudicator (“the OHPA”) is abolished.

(2) In Part 2 of the Health and Social Care Act 2008 (regulation of health
professions etc.), omit sections 98 to 110 and Schedules 6 and 7 (establishment
etc. of the OHPA).

(3) All property, rights and liabilities to which the OHPA is entitled or subject
30immediately before the commencement of subsection (1) (including rights and
liabilities relating to staff) are transferred to the Secretary of State.

(4) Part 4 of Schedule 16 (which contains consequential amendments and savings
in relation to the OHPA) has effect.

Part 8 The National Institute for Health and Care Excellence

Establishment and general duties

231 The National Institute for Health and Care Excellence

(1) 5There is to be a body corporate known as the National Institute for Health and
Care Excellence (referred to in this Part as “NICE”).

(2) Schedule 17 (which makes further provision about NICE) has effect.

232 General duties

(1) In exercising its functions NICE must have regard to—

(a) 10the broad balance between the benefits and costs of the provision of
health services or of social care in England,

(b) the degree of need of persons for health services or social care in
England, and

(c) the desirability of promoting innovation in the provision of health
15services or of social care in England.

(2) NICE must exercise its functions effectively, efficiently and economically.

(3) In this Part—

• “health services” means services which must or may be provided as part
  of the health service in England;

• 20 “social care” includes all forms of personal care and other practical
  assistance provided 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.

25Functions: quality standards

233 Quality standards

(1) The relevant commissioner may direct NICE to prepare statements of
standards in relation to the provision of—

(a) NHS services,

(b) 30public health services, or

(c) social care in England.

(2) In this Part such a statement is referred to as a “quality standard”.

(3) In preparing a quality standard NICE must consult the public and, for that
purpose, may publish drafts of the standard.

(4) 35NICE must keep a quality standard under review and may revise it as it
considers appropriate.

(5) A quality standard (and any revised standard)—

(a) has no effect unless it is endorsed by the relevant commissioner, and

(b) must not be published by NICE unless the relevant commissioner so
requires.

(6) The relevant commissioner may require NICE—

(a) to publish the standard (or revised standard) or to disseminate it to
5persons specified by the relevant commissioner, and

(b) to do so in the manner specified by the relevant commissioner.

(7) NICE must—

(a) establish a procedure for the preparation of quality standards, and

(b) consult such persons as it considers appropriate in establishing that
10procedure.

(8) Subsection (9) applies in a case where the Secretary of State and the Board each
has power under this section to give NICE a direction to prepare a quality
standard in relation to the same matter or connected matters.

(9) In such a case—

(a) 15the Secretary of State and the Board may issue a joint direction under
subsection (1), and

(b) if they do so, NICE must prepare a joint quality standard in respect of
the matter or matters concerned.

(10) In this section “the relevant commissioner”—

(a) 20in relation to a quality standard in relation to the provision of NHS
services, means the Board, and

(b) in relation to a quality standard in relation to the provision of public
health services or of social care in England, means the Secretary of
State,

25and a reference to the relevant commissioner in relation to a joint quality
standard is a reference to both the Secretary of State and the Board.

(11) In this Part—

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

• “public health services” means services provided pursuant to the
  functions of—

  (a)

  the Secretary of State under section 2A or 2B of, or paragraph
  357C, 8 or 12 of Schedule 1 to, that Act, or

  (b)

  a local authority under section 2B or 111 of, or paragraphs 1 to
  7B or 13 of Schedule 1 to, that Act.

234 Supply of quality standards to other persons

(1) Regulations may confer powers on NICE in relation to the supply by NICE of
40quality standards to—

(a) devolved authorities;

(b) other persons (whether or not in the United Kingdom).

(2) The regulations may in particular—

(a) confer power on NICE to make such adjustments as NICE considers
45appropriate to a quality standard for the purposes of supplying it as
mentioned in subsection (1), and

(b) provide for the imposition by NICE of charges for or in connection with
the supply of a quality standard as so mentioned.

(3) Provision made under subsection (2)(b) may include provision for charges to
be calculated on the basis NICE considers to be the appropriate commercial
5basis.

(4) In this section “devolved authority” means—

(a) the Scottish Ministers,

(b) the Welsh Ministers, and

(c) the Department of Health, Social Services and Public Safety in
10Northern Ireland.

235 Advice or guidance to the Secretary of State or the Board

(1) NICE must give advice or guidance to the Secretary of State or the Board on
any quality matter referred to it by the Secretary of State or (as the case may be)
the Board.

(2) 15“Quality matter”—

(a) in relation to the Secretary of State, means any matter in relation to
which the Secretary of State has the power to direct NICE to prepare a
quality standard, and

(b) in relation to the Board, means any matter in relation to which the
20Board has the power to direct NICE to prepare a quality standard.

Functions: advice, guidance etc.

236 Advice, guidance, information and recommendations

(1) Regulations may confer functions on NICE in relation to the giving of advice
or guidance, provision of information or making of recommendations about
25any matter concerning or connected with the provision of—

(a) NHS services,

(b) public health services, or

(c) social care in England.

(2) The regulations may provide that a function conferred under subsection
30(1)(a)—

(a) is only exercisable on the direction of the Secretary of State or the Board;

(b) is subject to directions given by the Secretary of State or (as the case
may be) the Board about NICE’s exercise of the function.

(3) The regulations may provide that a function conferred under subsection (1)(b)
35or (c)—

(a) is only exercisable on the direction of the Secretary of State;

(b) is subject to directions given by the Secretary of State about NICE’s
exercise of the function.

(4) Provision made under subsection (2)(b) or (3)(b) must not permit a direction to
40be given about the substance of advice, guidance or recommendations of
NICE.

(5) The regulations may make provision about—

(a) the persons who may request or require that advice, guidance,
information or recommendations be given, provided or (as the case
may be) made by NICE,

(b) the publication or other dissemination of the advice, guidance,
5information or recommendations (whether by NICE, the Secretary of
State or the Board), and

(c) the imposition by NICE of charges for or in connection with the giving
of advice or guidance, provision of information or making of
recommendations.

(6) 10Provision made under subsection (5)(c) may include provision for charges to
be calculated on the basis NICE considers to be the appropriate commercial
basis.

(7) The regulations must make provision about—

(a) the establishment by NICE of procedures for the giving of advice or
15guidance, provision of information or making of recommendations
under the regulations, and

(b) consultation by NICE in establishing the procedures.

(8) The regulations may make provision requiring specified health or social care
bodies, or health or social care bodies of a specified description, to—

(a) 20have regard to specified advice or guidance, or advice or guidance of a
specified description, given by NICE pursuant to the regulations;

(b) comply with specified recommendations, or recommendations of a
specified description, made by NICE pursuant to the regulations.

(9) Provision made under subsection (8) may require a specified body, or bodies
25of a specified description, to have regard to advice or guidance or to comply
with recommendations—

(a) generally in the exercise of functions, or

(b) in the exercise of specified functions or functions of a specified
description.

(10) 30In this section—

• “health or social care body” means any public body other than a local
  authority exercising functions in connection with the provision of
  health services or of social care in England;

• “local authority” means—

  (a)

  35a county council in England;

  (b)

  a district council in England, other than a council for a district
  in a county for which there is a county council;

  (c)

  a London borough council;

  (d)

  the Council of the Isles of Scilly;

  (e)

  40the Common Council of the City of London;

• ‘“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;

• “specified” means specified in the regulations.

237 NICE recommendations: appeals

(1) Regulations under section 236 may make provision about appeals against
recommendations made by NICE pursuant to the regulations.

(2) The regulations may, in particular, include provision about—

(a) 5the types of recommendations in relation to which an appeal may be
brought,

(b) the persons who may bring an appeal,

(c) the grounds on which an appeal may be brought, and

(d) the persons by whom an appeal is to be heard.

238 10Training

(1) Regulations may confer functions on NICE in relation to providing, or
facilitating the provision of, training in connection with any matter concerning
or connected with the provision of—

(a) NHS services,

(b) 15public health services, or

(c) social care in England.

(2) The regulations may provide that a function conferred under subsection
(1)(a)—

(a) is only exercisable on the direction of the Board;

(b) 20is subject to directions given by the Board about NICE’s exercise of the
function.

(3) The regulations may provide that a function conferred under subsection (1)(b)
or (c)—

(a) is only exercisable on the direction of the Secretary of State;

(b) 25is subject to directions given by the Secretary of State about NICE’s
exercise of the function.

(4) The regulations may provide for the imposition by NICE of charges for or in
connection with the provision, or the facilitation of the provision, of training.

(5) Provision made under subsection (4) may include provision for charges to be
30calculated on the basis NICE considers to be the appropriate commercial basis.

239 Advisory services

(1) Regulations may confer functions on NICE in relation to the giving of advice
to persons (whether or not in the United Kingdom) in relation to any matter
concerning or connected with—

(a) 35the provision of health care,

(b) the protection or improvement of public health, or

(c) the provision of social care.

(2) The regulations may make provision about the imposition of charges by NICE
for or in connection with the giving of such advice.

(3) 40Provision made under subsection (2) may include provision for charges to be
calculated on the basis NICE considers to be the appropriate commercial basis.

(4) In this Part “health care” includes all forms of health care provided for
individuals 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.

240 5Commissioning guidance

(1) The Board may direct NICE to exercise any of the Board’s functions in relation
to the preparation of the guidance required to be published by the Board under
section 14Z6 of the National Health Service Act 2006 (the “commissioning
guidance”).

(2) 10A direction under subsection (1) may direct NICE to exercise the functions in
such manner and within such period as may be specified in the direction.

(3) If requested to do so, NICE must—

(a) provide the Board with information or advice on such matters
connected to the Board’s functions in respect of the commissioning
15guidance as may be specified in the request, and

(b) disseminate the commissioning guidance to such persons and in such
manner as may be specified in the request.

Functions: other

241 NICE’s charter

(1) 20Regulations may make provision requiring NICE to publish a document
explaining the functions of NICE and how NICE intends to exercise them
(referred to in this section as “the charter”).

(2) The regulations may, in particular, make provision about—

(a) the information to be provided in the charter,

(b) 25the timing of preparation of the charter,

(c) review and revision by NICE of the charter, and

(d) the manner in which the charter must or may be published.

242 Additional functions

(1) NICE may do any of the following—

(a) 30acquire, produce, manufacture and supply goods,

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

(c) supply accommodation to any person,

(d) supply services to any person and provide new services,

(e) provide instruction for any person, and

(f) 35develop and exploit ideas and exploit intellectual property.

(2) But NICE may exercise a power under subsection (1) only—

(a) if doing so is connected with the provision of health care or social care,
and

(b) to the extent that its exercise does not to any significant extent interfere
40with the performance by NICE of any function it has under or by virtue
of any other provision of this Part.

(3) NICE may—

(a) charge 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
5appropriate commercial basis.

243 Arrangements with other bodies

(1) NICE may arrange with any person or body to provide, or assist in providing,
any service which NICE is required or authorised to provide by virtue of this
Part.

(2) 10The 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 NICE.

244 Failure by NICE to discharge any of its functions

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

(a) 15NICE—

(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) the failure is significant.

(2) 20A direction under subsection (1) may direct NICE 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 NICE fails to comply with a direction under subsection (1), the Secretary of
State may—

(a) 25discharge 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
Secretary of State must publish reasons for doing so.

245 30Protection 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
to NICE.

(2) 35In its application to NICE 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.

Supplementary

246 Interpretation of this Part

40In this Part—

Health and Social Care BillPage 240

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

• “health care” has the meaning given by section 239(4);

• “the health service” has the same meaning as in the National Health
  Service Act 2006 (see section 275(1) of that Act);

• 5“health services” has the meaning given by section 232(3);

• “NHS services” has the meaning given by section 233(11);

• “public health services” has the meaning given by section 233(11);

• “quality standard” has the meaning given by section 233(2);

• “social care” has the meaning given by section 232(3).

247 10Dissolution of predecessor body

The Special Health Authority known as the National Institute for Health and
Clinical Excellence is abolished.

248 Consequential and transitional provision

(1) Schedule 18 (which contains consequential provision) has effect.

(2) 15A statement of standards prepared and published by the Institute before
commencement is to be treated on and after commencement as if it were a
quality standard—

(a) prepared and published by NICE in accordance with section 233,

(b) endorsed under subsection (5) of that section, and

(c) 20in respect of which the transitional commissioner is the relevant
commissioner for the purposes of that section.

(3) Subsections (4) to (6) apply to a case where before commencement—

(a) the Secretary of State has referred a matter to the Institute for the
purpose of preparing and publishing a statement of standards, but

(b) 25the Institute has not published the statement.

(4) The referral by the Secretary of State to the Institute of the matter is to be
treated on and after commencement as if it were a direction given to NICE by
the transitional commissioner for the preparation of a quality standard in
relation to that matter under section 233(1); and the transitional commissioner
30is to be treated as the relevant commissioner for the purposes of that section.

(5) Anything done by the Institute before commencement in relation to the matter
is to be treated on and after commencement as having been done by NICE in
pursuance of the direction.

(6) Consultation with any person undertaken by the Institute before
35commencement in relation to the matter is to be treated on and after
commencement as if it were consultation by NICE under section 233(3) in
relation to the preparation of the quality standard.

(7) A procedure established by the Institute before commencement for the
preparation of statements of standards is to be treated on and after
40commencement as if it were a procedure established by NICE in accordance
with section 233(7) for the preparation of quality standards.

(8) For the purposes of this section “the transitional commissioner” is the Secretary
of State; but the Secretary of State, after consulting the Board, may direct that

in relation to a particular statement of standards or matter the transitional
commissioner is—

(a) the Board, or

(b) both the Secretary of State and the Board.

(9) 5In this section—

• “commencement” means the commencement of section 233;

• “the Institute” means the Special Health Authority known as the National
  Institute for Health and Clinical Excellence;

• “statement of standards” means a document containing advice to the
  10Secretary of State in relation to the quality of the provision of health
  care prepared and published by the Institute pursuant to the directions
  given to the Institute by the Secretary of State on 27 July 2009.

Part 9 Health and adult social care services: information

CHAPTER 1 15Information standards

249 Powers to publish information standards

(1) The 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) 20For the purposes of this Part “an information standard” is a document
containing standards in relation to the processing of information.

(3) The 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) 25The Board may exercise the power under subsection (1) only in relation to
information concerning, or connected with, the provision of NHS services.

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

(6) The following must have regard to an information standard published under
30this section—

(a) the Secretary of State;

(b) the Board;

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

(d) 35any 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.

(7) In this section—

• 40“adult social care”—

  Health and Social Care BillPage 242

  (a)

  includes all forms of personal care and other practical assistance
  provided 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
  5care or other assistance, but

  (b)

  does not include anything provided by an establishment or
  agency 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;

• 10“health services” means services which must or may be provided as part
  of the health service in England; and for that purpose “the health
  service” 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
  15Board or a clinical commissioning group under the National Health
  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);

• 20“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.

250 25Information 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 249 the Secretary of State or the Board may adopt
30an information standard prepared or published by another person.

CHAPTER 2 The Health and Social Care Information Centre

Establishment and general duties

251 The Health and Social Care Information Centre

(1) There is to be a body corporate known as the Health and Social Care
35Information Centre (referred to in this Chapter as “the Information Centre”).

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

252 General duties

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

(a) 40the information standards published by the Secretary of State or the
Board under section 249,

(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) the need to promote the effective, efficient and economic use of
5resources 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) exercise its functions effectively, efficiently and economically.

(3) 10In 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,
  disability, pregnancy, childbirth, dependence on alcohol or
  15drugs, 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
  agency for which Her Majesty’s Chief Inspector of Education,
  Children’s Services and Skills is the registration authority
  20under 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.

Functions: information systems

253 Powers to direct Information Centre to establish information systems

(1) 25The 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) A direction may be given under subsection (1) by the Secretary of State only
if—

(a) 30it 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
in connection with the provision of health services or of adult social
care in England, or

(b) 35the 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) A 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
40for 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
arranged by the Board or a clinical commissioning group under the National
Health Service Act 2006 (including pursuant to arrangements made under
45section 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) A 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
5(as the case may be) the Board about the Information Centre’s exercise of the
function.

(7) 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).

254 Powers to request Information Centre to establish information systems

(1) 10Any 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
15person’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
prescribed in regulations.

(4) 20For 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
expedient for the body to have in relation to its discharge of a duty in
25connection 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
request.

(6) 30The 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
section as to whether to comply with—

(a) 35a 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
unreasonable extent with the exercise by the Centre of any of its
40functions, 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 261.

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

(a) 45Monitor,

(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) In this Chapter “health care” includes all forms of health care whether relating
5to 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.

255 Requests under section 254: supplementary

(1) The Information Centre must publish procedures for—

(a) 10the making and consideration of requests under section 254, 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
made the request to have an opportunity to make representations to the
15Information 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 254.

(4) Before making a request under section 254 a person must consult the
20Information Centre.

(5) The Information Centre must publish details of—

(a) any mandatory request, and

(b) any other request under section 254 with which the Centre is obliged,
or decides, to comply.

256 25Information systems: supplementary

(1) Before establishing an information system pursuant to a direction under
section 253 or a request under section 254 the Information Centre must
consult—

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

(b) 30representatives 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) such other persons as the Centre considers appropriate.

(2) 35If 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
253 or a request under section 254, or information derived from such
information, the Centre may destroy the information.

257 Powers to require and request provision of information

(1) 40The 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
of this Chapter, and