Health and Social Care Bill

Session 2010 - 12
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Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Part 9 — Health and adult social care services: information
Chapter 2 — The Health and Social Care Information Centre
250

255
Powers to request Information Centre to establish information systems
(1)
Any person (including a devolved authority) may request the Information
Centre to establish and operate a system for the collection or analysis of
information of a description specified in the request.
(2)
A request may be made under subsection (1) by a person only if the person
5
considers that the information which could be obtained by complying with the
request is information which 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
10
Centre considers that the request relates to information of a description
prescribed in regulations.
(4)
For the purposes of this Chapter a request under subsection (1) is a mandatory
request if—
(a)
it is made by a principal body, and
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(b)
the body considers that the information which could be obtained by
complying with the request is information which it is necessary or
expedient 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.
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(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)
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
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outside England.
(7)
Subsection (8) applies where the Information Centre has discretion under this
section as to whether to comply with—
(a)
a mandatory request, or
(b)
other request under subsection (1).
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(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
functions, and
(b)
may take into account the extent to which the principal body or other
35
person making the request has had regard to—
(i)
the code of practice prepared and published by the Centre
under section 263, and
(ii)
advice or guidance given by the Centre under section 265.
(9)
In this section “principal body” means—
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(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)
In this Chapter “health care” includes all forms of health care whether relating
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to physical or mental health and also includes procedures that are similar to

Health and Social Care Bill
Part 9 — Health and adult social care services: information
Chapter 2 — The Health and Social Care Information Centre
251

forms of medical or surgical care but are not provided in connection with a
medical condition.
256
Requests for collection under section 255: confidential information
(1)
A request under section 255 is a confidential collection request if it is a request
for the Information Centre to establish and operate a system for the collection
5
of information which is in a form which—
(a)
identifies any individual to whom the information relates who is not an
individual who provides health care or adult social care, or
(b)
enables the identity of such an individual to be ascertained.
(2)
A person may make a confidential collection request under section 255 only if
10
the request—
(a)
is a mandatory request,
(b)
relates to information which the person making the request (“R”) may
require to be disclosed to R or to the Information Centre by the person
holding it, or
15
(c)
relates to information which may otherwise be lawfully disclosed to the
Information Centre or to R by the person holding it.
257
Requests under section 255: supplementary
(1)
The Information Centre must publish procedures for—
(a)
the making and consideration of requests under section 255, and
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(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
Information Centre within a reasonable period for the purposes of the
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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 255.
(4)
Before making a request under section 255 a person must consult the
Information Centre.
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(5)
The Information Centre must publish details of—
(a)
any mandatory request, and
(b)
any other request under section 255 with which the Centre is obliged,
or decides, to comply.
258
Information systems: supplementary
35
(1)
Before establishing an information system pursuant to a direction under
section 254 or a request under section 255 the Information Centre must
consult—
(a)
the person who gave the direction or made the request,
(b)
representatives of other persons who the Centre considers are likely to
40
use the information to which the direction or request relates,
(c)
representatives of persons from whom any information will be
collected, and

Health and Social Care Bill
Part 9 — Health and adult social care services: information
Chapter 2 — The Health and Social Care Information Centre
252

(d)
such 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 obtained by complying with a direction under
section 254 or a request under section 255, the Centre may destroy the
information.
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259
Powers 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
10
of 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
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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.
(3)
But the Information Centre may not impose a requirement under subsection
(1)(a) for the purpose of complying with a confidential collection request
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falling within section 256(2)(c).
(4)
In such a case, the Information Centre may, however, request any person
mentioned in subsection (2) to provide it with any information which the
Centre considers it necessary or expedient for the Centre to have for the
purpose of complying with the request.
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(5)
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
such period, as the Centre may specify.
(6)
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
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pursuant to a request made under subsection (1)(b) in respect of the costs to
that person of doing so.
(7)
If the Information Centre considers it appropriate to do so, the Centre may
make a payment to any person mentioned in subsection (2)(b) who has
provided information to the Centre pursuant to a request made under
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subsection (4) in respect of the costs to that person of doing so.
(8)
The Information Centre must publish a procedure for notifying persons of
requirements imposed, and requests made, under this section.
(9)
In imposing requirements under this section the Information Centre must co-
operate with any other person who is authorised to require the provision of
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information by a person mentioned in subsection (2).
(10)
The provision of information under this section—
(a)
does not breach any obligation of confidence owed by the person
providing it, but

Health and Social Care Bill
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Chapter 2 — The Health and Social Care Information Centre
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(b)
is subject to any express restriction on disclosure imposed by or under
another Act (other than any restriction which allows disclosure if
authorised by or under an Act).
(11)
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
5
adult social care in England.
260
Publication of information
(1)
The Information Centre must publish all information which it obtains by
complying with a direction under section 254 or a request under section 255
unless the information falls within subsection (2); and, subject to subsection (3),
10
if the information falls within that subsection, the Centre 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
15
public 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,
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(c)
the Centre considers that—
(i)
the information fails to meet the information standards
published under section 250 (so far as they are applicable), and
(ii)
it would not be in the public interest to publish the information,
or
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(d)
the 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 254 may provide that the obligation to publish
imposed by subsection (1) applies to information falling within subsection
(2)(a) which is obtained by complying with the direction.
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(4)
Where the Information Centre publishes information which it obtains by
complying with a direction under section 254 or a mandatory request under
section 255, 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
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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.
(5)
Where the Information Centre publishes information which it obtains by
complying with a request under section 255 other than a mandatory request,
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the Centre—
(a)
may act in accordance with such provision (if any) as may be included
in 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
45
manner, and at such other times, as it considers appropriate.

Health and Social Care Bill
Part 9 — Health and adult social care services: information
Chapter 2 — The Health and Social Care Information Centre
254

(6)
In considering the appropriate form, manner and timing of publication of
information 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
5
put.
(7)
In 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).
261
Other dissemination of information
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(1)
The Information Centre may disseminate (other than by way of publication), to
any such persons and in such form and manner and at such times, as it
considers appropriate, any information—
(a)
which it obtains by complying with a direction under section 254 or a
request under section 255, and
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(b)
which falls within subsection (2).
(2)
Information falls within this subsection if—
(a)
the information is required to be published under section 260;
(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
20
person to be ascertained and—
(i)
the relevant person has consented to the dissemination, or
(ii)
the Centre, after taking into account the public interest as well
as the interests of the relevant person, considers that it is
appropriate for the information to be disseminated;
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(c)
the information is in a form which identifies any individual to whom
the information relates who is not a relevant person or enables the
identity of such an individual to be ascertained and the individual has
consented to the dissemination;
(d)
the Centre is prohibited from publishing the information only by virtue
30
of it falling within section 260(2)(c) and the Centre considers it would
be in the public interest for the information to be disseminated;
(e)
the Centre is prohibited from publishing the information only by virtue
of a direction given under section 260(2)(d) and that direction provides
that the power in subsection (1) applies to the information.
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(3)
A direction under section 260(2)(d) may require the Information Centre to
disseminate information which the Centre is prohibited from publishing only
by virtue of the direction.
(4)
The Information Centre may also disseminate, in such form and manner and at
such times as it considers appropriate, any information which it collects
40
pursuant to a direction under section 254 or a request under section 255
(whether or not it falls within subsection (2)) to any person to whom the
information could have been lawfully disclosed by the person from whom the
Centre collected the information.
(5)
The Information Centre may also disclose information which it obtains by
45
complying with a direction under section 254 or a request under section 255
(whether or not it falls within subsection (2)) if—

Health and Social Care Bill
Part 9 — Health and adult social care services: information
Chapter 2 — The Health and Social Care Information Centre
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(a)
the information has previously been lawfully disclosed to the public,
(b)
the disclosure is made in accordance with any court order,
(c)
the disclosure is necessary or expedient for the purposes of protecting
the welfare of any individual,
(d)
the disclosure is made to any person in circumstances where it is
5
necessary or expedient for the person to have the information for the
purpose of exercising functions of that person conferred under or by
virtue of any provision of this or any other Act,
(e)
the disclosure is made in connection with the investigation of a criminal
offence (whether or not in the United Kingdom), or
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(f)
the disclosure is made for the purpose of criminal proceedings
(whether or not in the United Kingdom).
(6)
Paragraphs (a), (b) and (f) of subsection (5) have effect notwithstanding any
rule of common law which would otherwise prohibit or restrict the disclosure.
(7)
Nothing in this section or section 262 prevents the Information Centre from
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disseminating information (otherwise than by publishing it) under or by virtue
of any other provision of this or any other Act.
(8)
For the purposes of this section and section 262 the provision by the
Information Centre of information which it has obtained by complying with a
direction under section 254 or a request under section 255 to the person who
20
gave the direction or made the request is to be treated as dissemination by the
Centre of that information to that person.
262
Other dissemination: directions and requests under sections 254 and 255
(1)
A direction under section 254 may require the Information Centre to
disseminate information which it obtains by complying with the direction if
25
the information falls within subsection (2).
(2)
Information falls within this subsection if—
(a)
the information is required to be published under section 260;
(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
30
person to be ascertained and—
(i)
the relevant person has consented to the dissemination, or
(ii)
the person giving the direction, after taking into account the
public interest as well as the interests of the relevant person,
considers that it is appropriate for the information to be
35
disseminated;
(c)
the information is in a form which identifies any individual to whom
the information relates who is not a relevant person or enables the
identity of such an individual to be ascertained and the individual has
consented to the dissemination;
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(d)
the Centre is prohibited from publishing the information only by virtue
of it falling within section 260(2)(c) and the person giving the direction
considers it would be in the public interest for the information to be
disseminated.
(3)
A direction under section 254 may require the Information Centre to exercise—
45
(a)
the power conferred by section 261(4) in relation to information which
it collects pursuant to the direction, or

Health and Social Care Bill
Part 9 — Health and adult social care services: information
Chapter 2 — The Health and Social Care Information Centre
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(b)
any other power it has under or by virtue of any other provision of this
Act (other than section 261(1) or (5)) or any other Act to disseminate
information which it obtains by complying with the direction.
(4)
A request under section 255 may request the Information Centre to exercise—
(a)
the power conferred by section 261(1) or (4) in relation to information
5
which it obtains by complying with the request, or
(b)
any other power it has to disseminate such information under or by
virtue of any other provision of this or any other Act.
(5)
A direction under section 254 may require, and a request under section 255
may request, the Information Centre not to exercise the power conferred by
10
section 261(1) or (4) in relation to information which it obtains by complying
with the direction or request.
(6)
Section 255(3) does not apply in relation to anything included in a mandatory
request by virtue of subsection (4) or (5).
(7)
A requirement imposed on, or a request made to, the Information Centre in
15
accordance with this section to disseminate information may include a
requirement or request about the persons to whom the information is to be
disseminated and the form, manner and timing of dissemination.
263
Code of practice on confidential information
(1)
The Information Centre must prepare and publish a code in respect of the
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practice to be followed in relation to the collection, analysis, publication and
other dissemination of confidential information concerning, or connected with,
the provision of health services or of adult social care in England.
(2)
For the purposes of this section “confidential information” is—
(a)
information which is in a form which identifies any individual to
25
whom the information relates or enables the identity of such an
individual to be ascertained, or
(b)
any other information in respect of which the person who holds it owes
an obligation of confidence.
(3)
Before publishing the code, the Information Centre must consult—
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(a)
the Secretary of State,
(b)
the Board, and
(c)
such other persons as the Centre considers appropriate.
(4)
The Information Centre must not publish the code without the approval of—
(a)
the Secretary of State, and
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(b)
the Board, so far as the code relates to information concerning, or
connected with, the provision of NHS services.
(5)
The Information Centre must keep the code under review and may revise it as
it considers appropriate (and a reference in this section to the code includes a
reference to any revised code).
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(6)
A health or social care body must have regard to the code in exercising
functions in connection with the provision of health services or of adult social
care in England.
(7)
A person, other than a public body, who provides health services, or adult
social care in England, pursuant to arrangements made with a public body
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