272 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) the Centre—

(i) 5is 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) A direction under subsection (1) may direct the Information Centre to
10discharge 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) discharge the functions to which it relates, or

(b) 15make 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.

(5) For the purposes of this section, a failure to discharge a function properly
20includes a failure to discharge it consistently with what the Secretary of State
considers to be the interests of the health service in England or (as the case may
be) with what otherwise appears to the Secretary of State to be the purpose for
which it is conferred.

273 Protection from personal liability

(1) 25Section 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),
30section 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

274 Powers of Secretary of State or Board to give directions

(1) Regulations may make provision conferring powers on the Secretary of State
35or 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) 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
40be) 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;

(d) requiring the Centre to exercise such systems delivery functions of the
Secretary of State or (as the case may be) the Board as may be specified.

(2) A function required to be exercised by a direction given by the Secretary of
State or the Board by virtue of subsection (1) is subject to directions given by
the Secretary of State or (as the case may be) the Board about the exercise of the
function.

(3) 5A 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
description prescribed in the regulations and—

(a) in respect of which the Secretary of State may give a direction under
10section 254, or

(b) which the Secretary of State considers is information in respect of
which a mandatory request may be made under section 255.

(4) 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
15if 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 254.

(5) A power conferred under subsection (1)(a) must provide that a direction must
include provision requiring the body in question to provide the Information
20Centre with the information it needs to comply with the duty under section 264
(duty to publish information register).

(6) A power conferred on the Secretary of State under subsection (1)(d) must
provide that a direction may include provision about payments by the
Secretary of State to the Information Centre for things done in the exercise of
25the function in respect of which the direction is given.

(7) A power conferred on the Board under subsection (1)(d) must provide that a
direction must permit the Information Centre to charge the Board a reasonable
fee in respect of the cost of complying with the direction.

(8) A power conferred under subsection (1)(d) must provide that the giving of a
30direction does not prevent the Secretary of State or (as the case may be) the
Board from exercising the function in respect of which the direction is given.

(9) In this section—

• “information function” means a function in relation to the collection,
  analysis, publication or other dissemination of information;

• 35“specified” means specified in a direction given under regulations made
  under subsection (1);

• “systems delivery function”—

  (a)

  in relation to the Secretary of State, means a function of the
  Secretary of State which is exercisable in relation to the
  40development or operation of information or communications
  systems in connection with the provision of health services or of
  adult social care in England;

  (b)

  in relation to the Board, means a function of the Board which is
  exercisable in relation to the development or operation of
  45information or communications systems in connection with the
  provision of NHS services.

275 Interpretation of this Chapter

In this Chapter—

• “adult social care” has the meaning given by section 253(3);

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

• 5“devolved authority” means—

  (a)

  the Scottish Ministers;

  (b)

  the Welsh Ministers; and

  (c)

  a Northern Ireland Minister;

• “health care” has the meaning given by section 255(10);

• 10“health or social care body” has the meaning given by section 259(11);

• “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 253(3);

• “mandatory request” has the meaning given by section 255(4);

• 15“Northern Ireland Minister” includes the First Minister, the deputy First
  Minister 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,

  20but in the latter case, the body or person is a public body to the extent
  only of those functions;

• “relevant person” has the meaning given by section 260(7).

276 Dissolution of predecessor body

The Special Health Authority known as the Health and Social Care Information
25Centre is abolished.

277 Consequential provision

Schedule 19 (which contains consequential provision) has effect.

Part 10 Abolition of certain public bodies etc

278 30The Alcohol Education and Research Council

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

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

(3) Part 1 of Schedule 20 (which contains consequential amendments and savings)
has effect.

279 35The Appointments Commission

(1) The Appointments Commission is abolished.

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

(3) Part 2 of Schedule 20 (which contains consequential amendments and savings)
has effect.

280 The National Information Governance Board for Health and Social Care

(1) The National Information Governance Board for Health and Social Care is
5abolished.

(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) 10The 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
15Monitor 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) 20In 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) 25any 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
30schemes 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
35diagnosis 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) 40In 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
  45in the Data Protection Act 1998;

Health and Social Care BillPage 264

• “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
5publishing 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
10“the National Information Governance Board for Health and Social Care”
substitute “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) 15for “sections” substitute “section”, and

(ii) omit “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,
20to be known as “the National Information Governance Committee”, until 31
March 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
25Health and Social Care Act 2008.

(8) Part 3 of Schedule 20 (which contains consequential amendments and savings)
has effect.

281 The National Patient Safety Agency

(1) The National Patient Safety Agency is abolished.

(2) 30The 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).

282 The NHS Institute for Innovation and Improvement

(1) 35The 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.

283 Standing advisory committees

(1) Omit section 250 of, and Schedule 19 to, the National Health Service Act 2006
40(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
Committees) Order 1981 (S.I. 1981/597S.I. 1981/597) (establishment of the Joint Committee
on Vaccination and Immunisation) made under that section.

5Part 11 Miscellaneous

Information relating to births and deaths etc.

284 Special notices of births and deaths

(1) Section 269 of the National Health Service Act 2006 (special notices of births
10and 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
particulars of such births or deaths entered in a register of births or
15deaths 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) In subsection (6)—

(a) 20after “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
25is 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
30relevant 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) 35the 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
40relation to the health service.

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

(9) Until the commencement of section 34, 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.

285 Provision of information by Registrar General

(1) 5Section 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”,
and

(b) 10at the end insert “—

(a) the Secretary of State,

(b) the Board,

(c) a clinical commissioning group,

(d) a local authority,

(e) 15the 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) the Care Quality Commission, and

(i) 20such 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) 25for “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.”

286 Provision of information by Registrar General: Wales

(1) Section 201 of the National Health Service (Wales) Act 2006 (provision of
30information by Registrar General) is amended as follows.

(2) In subsection (1) —

(a) for “the Welsh Ministers” substitute “any of the following persons”,
and

(b) at the end insert “—

(a) 35the Welsh Ministers,

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

(c) a Local Health Board,

(d) an NHS trust established under section 18, and

(e) 40such other persons as the Welsh Ministers may specify
in a direction.”

(3) In 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”.

287 Provision of statistical information by Statistics Board

(1) 5Section 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
10the 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) 15the 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) 20Those persons are—

(a) the Secretary of State,

(b) the Welsh Ministers,

(c) the National Health Service Commissioning Board,

(d) a clinical commissioning group,

(e) 25a local authority,

(f) a Local Health Board,

(g) an NHS trust established under section 18 of the National
Health Service (Wales) Act 2006,

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

(i) 30the Health and Social Care Information Centre,

(j) a Special Health Authority,

(k) the Care Quality Commission, and

(l) such other persons as the appropriate authority may specify in
a direction given for the purposes of this section.

(4B) 35For 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) in any other case, the Secretary of State.”

(3) After subsection (5) insert—

“(5A) 40A 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
in 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
45direction 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
direction under subsection (4A)(l) as they apply in relation to powers to
give a direction under that Act.”

(4) 5After 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
  2006;

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

Duties to co-operate

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

(1) Monitor must co-operate with the Care Quality Commission in the exercise of
15their 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
would assist the Commission in the exercise of its functions,

(b) 20make 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
25registration 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
30Commission with any material relevant to the exercise of Monitor’s functions
pursuant to section 73(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.

289 35Care 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) 40The 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
provision of health care which the Commission or Monitor
5considers 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
and for a licence under the Health and Social Care Act
102012 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) seek to secure that the conditions on a registration under
15Chapter 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) for “an NHS foundation trust” substitute “a person who holds a licence
20under the Health and Social Care Act 2012”.

(5) After that subsection insert—

“(4) In this section, a reference to a licence under the Health and Social Care
Act 2012 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
25Trusts” substitute “Monitor”.

290 Other duties to co-operate

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

(2) The Care Quality Commission and each relevant body must co-operate with
30each other in the exercise of their respective functions.

(3) The relevant bodies are—

(a) the National Health Service Commissioning Board,

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

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

(d) 35Special 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
list of relevant bodies a body that has functions relating to health.

(5) Where Monitor or the Care Quality Commission regulates an activity of a
40relevant 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
regulating that activity;

(b) the exercise by the relevant body of any function in so far as it involves
45carrying on that activity.