Health and Social Care Bill (HL Bill 119)

(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) to publish details of the scheme, including, in particular, the
5accreditation 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
ensuring that they meet the accreditation criteria.

(5) 10In 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

264 15Database of quality indicators

(1) Regulations may make provision conferring functions on the Information
Centre in connection with the establishment, maintenance and publication of a
database of quality indicators in relation to the provision of health services and
of adult social care in England.

(2) 20The regulations may, in particular, make provision about—

(a) the persons who may propose a quality indicator for inclusion in the
database,

(b) the giving of advice and guidance by the Information Centre to such
persons in relation to such a proposal,

(c) 25the 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) the inclusion in the database of guidance about how providers may
demonstrate performance measured against the quality indicators.

(3) 30In this section a “quality indicator” means a factor by reference to which
performance in the provision of services or care can be measured.

265 Power to confer functions in relation to identification of GPs

(1) Regulations may make provision conferring functions on the Information
Centre in connection with the verification of the identity of general medical
35practitioners 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.

266 Additional functions

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

(a) 40acquire, 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) develop and exploit ideas and exploit intellectual property.

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

(a) 5if doing so involves, or is connected with, the collection, analysis,
publication or other dissemination of information, and

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

(3) 10The Information Centre 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
appropriate commercial basis.

267 15Arrangements 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) The power under this section may be exercised on such terms as may be
20agreed, including terms as to the making of payments by or to the Information
Centre.

268 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
Secretary of State considers that—

(a) 25the 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) the failure is significant.

(2) 30A 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),
the Secretary of State may—

(a) 35discharge 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.

269 40Protection 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 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
5Health Act 1875 were a reference to this Act.

General and supplementary

270 Powers of Secretary of State or Board to give directions

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

(a) 10requiring a health or social care body to exercise such of the
Information Centre’s functions as may be specified;

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

(c) 15requiring 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
Information Centre only if the function relates to information which is of a
20description prescribed in the regulations and—

(a) in respect of which the Secretary of State may give a direction under
section 253, or

(b) which the Secretary of State considers is information in respect of
which a mandatory request may be made under section 254.

(3) 25A 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
section 253.

(4) 30A 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 260
(duty to publish information register).

(5) In this section—

• 35“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).

271 Interpretation of this Chapter

40In this Chapter—

• “adult social care” has the meaning given by section 252(3);

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

• “devolved authority” means—

  (a)

  the Scottish Ministers;

  Health and Social Care BillPage 253

  (b)

  the Welsh Ministers; and

  (c)

  a Northern Ireland Minister;

• “health care” has the meaning given by section 254(10);

• “health or social care body” has the meaning given by section 257(8);

• 5“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 252(3);

• “mandatory request” has the meaning given by section 254(4);

• “Northern Ireland Minister” includes the First Minister, the deputy First
  10Minister 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
  15only of those functions;

• “relevant person” has the meaning given by section 258(7).

272 Dissolution of predecessor body

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

273 20Consequential provision

Schedule 20 (which contains consequential provision) has effect.

Part 10 Abolition of certain public bodies etc

274 The Alcohol Education and Research Council

(1) 25The Alcohol Education and Research Council is abolished.

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

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

275 The Appointments Commission

(1) 30The Appointments Commission is abolished.

(2) Part 5 of the Health Act 2006 (which established the Commission) is repealed.

(3) Part 2 of Schedule 21 (which contains consequential amendments and savings)
has effect.

276 The National Information Governance Board for Health and Social Care

(1) 35The National Information Governance Board for Health and Social Care is
abolished.

(2) Omit sections 250A to 250D of the National Health Service Act 2006 (which
established the Board).

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

“20A Functions relating to processing of information by registered persons

(1) 5The 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
10Monitor 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) 15In 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) 20any other information obtained or generated in the course of the
exercise by an English local authority of its adult social services
functions, and

(d) any other information obtained or generated in the course of the
carrying on by an English local authority of adult placement
25schemes in connection with which arrangements are made for
the provision of personal care.

(4) In subsection (3) “patient information” means—

(a) information (however recorded) which relates to the physical or
mental health or condition of an individual (“P”), to the
30diagnosis of P’s condition or to P’s care or treatment, and

(b) information (however recorded) which is to any extent derived,
directly or indirectly, from that information,

whether or not the identity of the individual in question is ascertainable
from the information.

(5) 35In this section—

• “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
  40in the Data Protection Act 1998;

• “registered person” means a person registered under this Chapter
  as a manager or service provider in respect of a regulated
  activity.”

(4) In section 80(3) of that Act (persons Commission must consult before
45publishing code of practice on confidential personal information), for
paragraph (a) substitute—

“(a) the National Health Service Commissioning Board,”.

(5) In section 252 of the National Health Service Act 2006 (consultation before
making regulations on control of patient information), in subsection (1), for
“the National Information Governance Board for Health and Social Care”
substitute “the Care Quality Commission”; and in consequence of that—

(a) 5for 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) omit “and 252 (consultation with National Information
10Governance 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
March 2015.

(7) 15The 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)
20has effect.

277 The National Patient Safety Agency

(1) The National Patient Safety Agency is abolished.

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

(3) 25In section 13 of the NHS Redress Act 2006 (scheme authority’s duties of co-
operation), omit subsection (2).

278 The NHS Institute for Innovation and Improvement

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

(2) The NHS Institute for Innovation and Improvement (Establishment and
30Constitution) Order 2005 (S.I. 2005/1446S.I. 2005/1446) is revoked.

279 Standing advisory committees

(1) Omit section 250 of, and Schedule 19 to, the National Health Service Act 2006
(Secretary of State’s standing advisory committees).

(2) In consequence of the repeal of Schedule 19 to that Act, in Schedule 3 to the
35Health Act 2009, omit paragraph 13.

(3) The repeal of section 250 of the National Health Service Act 2006 does not affect
the continuing effect of the National Health Service (Standing Advisory
Committees) Order 1981 (S.I. 1981/597S.I. 1981/597) (establishment of the Joint Committee
on Vaccination and Immunisation) made under that section.

Part 11 Miscellaneous

Information relating to births and deaths etc.

280 Special notices of births and deaths

(1) 5Section 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
or bodies as may be determined in accordance with regulations the
10particulars 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
accordance with regulations”.

(4) 15In 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) 20for “A Primary Care Trust” substitute “A relevant body to whom notice
is required to be given under subsection (4)”, and

(b) for “any medical practitioner or midwife residing or practising within
its area” substitute “such descriptions of medical practitioners or
midwives as may be prescribed”.

(6) 25In subsection (9) for “the Primary Care Trust concerned” substitute “the
relevant body or bodies to whom the failure relates”.

(7) In subsection (10), in paragraph (a) for “a Primary Care Trust” substitute “a
relevant body”.

(8) After subsection (10) insert—

“(11) 30For the purposes of this section, the following are relevant bodies—

(a) the 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
35be used by it only for the purposes of functions exercisable by it in
relation to the health service.

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

(9) Until the commencement of section 33, section 269(11) of the National Health
Service Act 2006 has effect as if Primary Care Trusts were included in the list
40of bodies that are relevant bodies for the purposes of that section.

281 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) 5for “the Secretary of State” substitute “any of the following persons”,
and

(b) at the end insert “—

(a) the Secretary of State,

(b) the Board,

(c) 10a clinical commissioning group,

(d) a 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
15exercisable in relation to England,

(h) the Care Quality Commission, and

(i) such other persons as the Secretary of State may specify
in a direction.”

(3) In subsection (2) —

(a) 20for “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) In this section, “local authority” has the same meaning as in section 2B.”

282 25Provision 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) for “the Welsh Ministers” substitute “any of the following persons”,
30and

(b) at the end insert “—

(a) the Welsh Ministers,

(b) a Special Health Authority which has functions that are
exercisable in relation to Wales,

(c) 35a 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) In subsection (2) —

(a) 40for “the Welsh Ministers” substitute “the person to whom the
information is provided”, and

(b) for “their functions” substitute “functions exercisable by the person”.

283 Provision of statistical information by Statistics Board

(1) Section 42 of the Statistics and Registration Service Act 2007 (information
relating to births and deaths etc) is amended as follows.

(2) For subsection (4) substitute—

“(4) 5The Board may disclose to a person mentioned in subsection (4A) any
information referred to in subsection (2)(a) to (c) which is received by
the Board under this section, or any information which is produced by
the Board by analysing any such information, if—

(a) the information consists of statistics and is disclosed for the
10purpose of assisting the person in the performance of functions
exercisable by it in relation to the health service, or

(b) the information is disclosed for the purpose of assisting the
person to produce or to analyse statistics for the purpose of
assisting the person, or any other person mentioned in
15subsection (4A), in the performance of functions exercisable by
it in relation to the health service.

(4A) Those persons are—

(a) the Secretary of State,

(b) the Welsh Ministers,

(c) 20the 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
25Health 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) 30such 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) 35in 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
40in 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
45direction 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”
  have the same meaning as in the National Health Service Act
  52006;

• “local authority” has the same meaning as in section 2B of that Act
  of 2006.”

Duties to co-operate

284 Monitor: duty to co-operate with Care Quality Commission

(1) 10Monitor 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
of health care services which Monitor or the Commission considers
15would 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) 20such a person is granted a licence under that Chapter and
registration 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) 25Without prejudice to subsection (2)(a) Monitor must, on request, provide the
Commission with any material relevant to the exercise of Monitor’s functions
pursuant to section 71(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
30Act 2008 are references to registration under Chapter 2 of Part 1 of that Act.

285 Care 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) 35For subsection (1) substitute—

“(1) The 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) 40give Monitor any information the Commission has about the
provision of health care which the Commission or Monitor
considers would assist Monitor in the exercise of its functions,
and