Health and Care Bill (HL Bill 71)

Health and Care BillPage 70

(6)In section 119 (interpretation and supplementary provision), in the table in
subsection (1), omit the entries relating to the following—

  • “appointment criteria”;

  • “commissioner of health services”;

  • 5“LETB”.

(7)In Schedule 5 (Health Education England)—

(a)in paragraph 9, in sub-paragraph (3), omit “(including a committee
which HEE is required to appoint under section 103(1) (LETBs))”;

(b)in paragraph 13—

(i)10in sub-paragraph (2), omit “(but see sub-paragraph (5))”;

(ii)omit sub-paragraph (5);

(c)in paragraph 26, in sub-paragraph (2)—

(i)omit paragraph (a);

(ii)in paragraph (b), omit “other”;

(d)15in paragraph 27, in sub-paragraph (2)—

(i)omit paragraph (a) and the “and” at the end;

(ii)in paragraph (b), omit “other”.

(8)Omit Schedule 6 (local education and training boards).

80 Hospital patients with care and support needs: repeals etc

(1)20In the Care Act 2014, omit section 74 and Schedule 3 (assessment notices etc in
relation to the discharge of hospital patients with care and support needs).

(2)The Community Care (Delayed Discharges etc) Act 2003 is repealed.

(3)In consequence of subsection (1)

(a)in section 14 of the Coronavirus Act 2020, omit subsection (8);

(b)25the Care and Support (Discharge of Hospital Patients) Regulations 2014
(S.I. 2014/2823) are revoked.

(4)In consequence of subsection (2)

(a)in Schedule 1 to the Local Authority Social Services Act 1970, omit the
entry relating to the Community Care (Delayed Discharges etc) Act
302003;

(b)in the Children Act 1989—

(i)in section 17ZA(6)(b), omit sub-paragraph (iii);

(ii)in section 17ZD(8)(b), omit sub-paragraph (iii);

(c)in Schedule 2 to the Social Services and Well-being (Wales) Act 2014
35(anaw 4), in Table 1—

(i)in the English language text, omit the entry relating to the
Community Care (Delayed Discharges etc) Act 2003;

(ii)in the Welsh language text, omit the entry relating to Deddf
Gofal Cymunedol (Rhyddhau Gohiriedig etc) 2003.

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Part 2 Health and adult social care: information

81 Information standards

(1)The Health and Social Care Act 2012 is amended as follows.

(2)5In section 250 (information standards)—

(a)for subsection (2) substitute—

(2)For the purposes of this Part “an information standard” is a
standard in relation to the processing of information.

(2A)An information standard must specify to whom it applies.

(2B)10An information standard may apply to one or more persons
falling within the following paragraphs—

(a)the Secretary of State;

(b)NHS England;

(c)a public body which exercises functions in connection
15with the provision of health care or of adult social care
in England;

(d)any person, other than a public body, who is required to
be registered under Chapter 2 of Part 1 of the Health and
Social Care Act 2008 in respect of the carrying on of a
20regulated activity (within the meaning of Part 1 of that
Act).”;

(b)in subsection (3), for “services” substitute “care”;

(c)omit subsection (5);

(d)for subsection (6) substitute—

(6)25The Secretary of State must—

(a)have regard to any information standard published by
NHS England that applies to the Secretary of State, and

(b)comply with any information standard published by the
Secretary of State that applies to the Secretary of State.

(6A)30Any other person to whom an information standard published
under this section applies must comply with the information
standard, except in so far as the requirement to comply is
waived (see subsection (6B)).

(6B)Regulations may confer on a person who publishes an
35information standard the power to waive a person’s
requirement to comply with the information standard (in whole
or in part and generally or for a specific period).

(6C)The regulations may include provision—

(a)limiting the circumstances in which waivers may be
40granted;

(b)setting out the procedure to be followed in connection
with waivers;

(c)requiring an information standard to include specified
information about waivers.

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(6D)For enforcement of information standards against persons other
than public bodies, see section 277E.”;

in subsection (7)—

(i)at the appropriate place insert—

  • 5““health care” includes all forms of health care
    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
    10condition;”;

(ii)omit the definition of “health services”.

For section 251 substitute—

251 Information standards: procedure etc

(1)Regulations—

(a)15must make provision about the procedure to be followed in
connection with the preparation and publication of information
standards under section 250;

(b)may require an information standard published under section
250 to be reviewed periodically in accordance with the
20regulations.

(2)Before laying a draft of regulations under subsection (1) before either
House of Parliament, the Secretary of State must consult such persons
as the Secretary of State considers appropriate.

(3)For the purposes of section 250 the Secretary of State or NHS England
25may adopt an information standard prepared or published by another
person.

251ZA Information standards: compliance

(1)The Secretary of State may require a person to provide the Secretary of
State with documents, records or other information for the purposes of
30monitoring the person’s compliance with information standards
published under section 250.

(2)A requirement under subsection (1) may specify—

(a)the form and manner in which information is to be provided,
and

(b)35when information is to be provided.

(3)A requirement under subsection (1) must be in writing.

(4)For enforcement of requirements under subsection (1) against persons
other than public bodies, see section 277E.”

(4)In section 251C (continuity of information: interpretation)—

(a)40after subsection (6) insert—

(6A)“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
45Act).”;

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(b)for subsection (7) substitute—

(5)5In section 304 (regulations etc), in subsection (5), before paragraph (k) insert—

(ja)regulations under section 250(6B) or 251(1) (regulations about
waiver of information standards and the procedure for setting
standards);”.

82 Sharing anonymous health and social care information

10After section 251C of the Health and Social Care Act 2012 insert—

“Chapter 1B Sharing of anonymous information

251D Sharing anonymous information

(1)A health or social care body may—

(a)15require another health or social care body to provide
information, other than personal information, that relates only
to its activities in connection with the provision of health
services or adult social care in England;

(b)require a private health or social care provider to provide
20information, other than personal information, that relates only
to its activities in connection with the provision of health
services, or adult social care in England, in pursuance of
arrangements made with a public body.

(2)A health or social care body may impose a requirement under
25subsection (1) only for purposes related to its functions in connection
with the provision of health services or adult social care in England.

(3)Regulations may create exceptions to subsection (1), which may be
framed by reference to specified bodies or descriptions of bodies,
descriptions of information or otherwise.

(4)30Subsection (1) does not require a person to process information so as to
render it into a form in which it must be provided.

(5)For enforcement of requirements under subsection (1)(b), see section
277E.

(6)For the purposes of this section—

  • 35“adult social care” has the meaning given by section 250(7);

  • “health services” has the meaning given by section 251C(6A);

  • “health or social care body” means a public body which exercises
    functions in connection with the provision of health services or
    of adult social care in England;

  • 40“personal information” means information which is in a form
    that—

    (a)

    identifies any individual, or

    (b)

    enables the identity of any individual to be ascertained;

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  • “private health or social care provider” means a person (other than
    a public body) who provides health services, or adult social care
    in England, pursuant to arrangements made with a health or
    social care body;

  • 5“public body” has the meaning given by section 250(7).”

83 General duties of the Health and Social Care Information Centre etc

(1)The Health and Social Care Act 2012 is amended as follows.

(2)In section 253(1) (general duties of the Information Centre)—

(a)omit the “and” at the end of paragraph (ca);

(b)10after paragraph (ca) insert—

(cb)the need to promote the effective and efficient planning,
development and provision of health services and of
adult social care in England,”;

(c)at the end of paragraph (d) insert “, and

(e)15the need to balance the needs mentioned in this
subsection against one another, so far as they compete.”

(3)In section 261(1A) (other dissemination of information), for “the purposes of”
substitute “purposes connected with”.

84 Collection of information from private health care providers

20In section 259 of the Health and Social Care Act 2012 (powers to require and
request provision of information), in subsection (1)—

(a)at the end of paragraph (a) omit “and”;

(b)for paragraph (b) substitute—

(aa)require any health care provider, not within paragraph
25(a), to provide the Centre with any information which
the Centre considers it necessary or expedient to have
for the purposes of complying with a direction of the
Secretary of State under section 254, and

(b)request any person to provide the Centre with any
30information which the Centre considers it necessary or
expedient to have for the purposes of any function it
exercises by virtue of this Chapter.”;

(c)in subsection (2), for “Those persons” substitute “The persons
mentioned in this subsection are”;

(d)35omit subsection (4);

(e)in subsection (5), after “subsection (1)(a)” insert “or (aa)”;

(f)omit subsection (7);

(g)in subsection (9), after “subsection” insert “(1)(aa) or”;

(h)after subsection (10) insert—

(10A)40For enforcement of requirements under subsection (1)(a) or (aa)
against persons other than public bodies, see section 277E.

(10B)In this section “health care provider” means a person who is
required to be registered under Chapter 2 of Part 1 of the Health
and Social Care Act 2008 in respect of the carrying on of a

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regulated activity (within the meaning of Part 1 of that Act)
involving or connected with the provision of health care.”

85 Collection of information about adult social care

In Part 9 of the Health and Social Care Act 2012, after section 277 insert—

5“Chapter 3 Information about adult social care

277A Provision of adult social care information to Secretary of State

(1)The Secretary of State may require a relevant provider of adult social
care services to provide the Secretary of State with information that
10relates to—

(a)the person on whom the requirement is imposed,

(b)their activities in connection with the provision of adult social
care in England, or

(c)any person to whom they have provided —

(i)15adult social care in England, or

(ii)adult social care, outside England, in pursuance of
arrangements made by an English local authority.

(2)The Secretary of State may impose a requirement under subsection (1)
only if the information is sought for purposes connected with the health
20care system, or adult social care system, in England.

(3)A requirement under subsection (1) may specify—

(a)the form and manner in which information is to be provided,
and

(b)when information is to be provided.

(4)25A requirement under subsection (1) must be in writing.

(5)The provision of information under this section—

(a)does not breach any obligation of confidence owed by the
person providing it, but

(b)is subject to any express restriction on disclosure imposed by
30any enactment (other than a restriction which allows disclosure
if authorised by an enactment).

(6)For enforcement of requirements under subsection (1), see section 277E.

(7)In this section—

  • “adult social care”—

    (a)

    35includes 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
    40assistance, 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

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    registration authority under section 5 of the Care
    Standards Act 2000;

  • “English local authority” means—

    (a)

    a county council in England;

    (b)

    5a district council for an area in England for which there
    is no county council;

    (c)

    a London borough council;

    (d)

    the Common Council of the City of London (in its
    capacity as a local authority);

  • 10“relevant provider of adult social care services” means a person
    who is required to be registered under Chapter 2 of Part 1 of the
    Health and Social Care Act 2008 in respect of the carrying on of
    a regulated activity (within the meaning of Part 1 of that Act)
    involving or connected with the provision of adult social care.

277B 15Restrictions on onward disclosure of information

(1)Information provided under section 277A may not be disclosed by the
Secretary of State except for purposes connected with the health care
system, or adult social care system, in England.

(2)Commercially sensitive information provided under section 277A may
20not be disclosed by the Secretary of State (even for the purposes
mentioned in subsection (1)) unless the Secretary of State considers that
the disclosure is appropriate, having taken into account the public
interest as well as the interests of the person to whom the commercially
sensitive information relates.

(3)25Subsections (1) and (2) do not restrict the disclosure of information
where—

(a)the person to whom the information relates has consented to the
disclosure,

(b)the information has previously been lawfully disclosed to the
30public,

(c)the disclosure is in accordance with any court order,
the disclosure is necessary or expedient for the purposes of
protecting the welfare of any individual,

(e)the disclosure is made to any person in circumstances where it
35is 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,

(f)the disclosure is in connection with the investigation of a
criminal offence (whether or not in the United Kingdom), or
40the disclosure is for the purpose of criminal proceedings
(whether or not in the United Kingdom).

(4)In this section “commercially sensitive information” means commercial
information whose disclosure the Secretary of State thinks might
significantly harm the legitimate business interests of the person to
45whom it relates.

277C Directions to certain bodies to exercise functions under this Chapter

(1)The Secretary of State may direct the Health and Social Care
Information Centre to exercise the functions of the Secretary of State

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under section 277A (and where a direction is given, section 277B
applies accordingly).

(2)The Secretary of State may direct a Special Health Authority
performing functions only or mainly in respect of England to exercise
5the functions of the Secretary of State under section 277A (and where a
direction is given, section 277B applies accordingly).

(3)The Secretary of State may give directions to a body about the exercise
of any functions that it is directed to exercise under subsection (1) or (2)
(including directions as to the processing of information that the body
10obtains in exercising those functions).

277D Arrangements with third parties

(1)The Secretary of State may make arrangements for any person
prescribed by regulations under this subsection to exercise the
functions of the Secretary of State under section 277A (and where
15arrangements are made, section 277B applies accordingly).

(2)Arrangements under subsection (1) may—

(a)provide for the Secretary of State to make payments to the
person;

(b)make provision as to the circumstances in which any such
20payments are to be repaid to the Secretary of State.

(3)Section 304(9) (differential provision) applies in relation to the power to
make arrangements under subsection (1) as it applies to a power of the
Secretary of State to give directions under this Act.”

86 Enforcement of duties against private providers

(1)25The Health and Social Care Act 2012 is amended as follows.

(2)After section 277D (inserted by section 85 of this Act) insert—

“Chapter 4 Enforcement

277E Enforcement of provisions under this Part

(1)30Regulations may make provision conferring on the Secretary of State
the power to impose a financial penalty on a person, other than a public
body, who without reasonable excuse—

(a)fails to comply with an information standard (unless the
requirement for the person to comply has been waived by
35virtue of regulations under section 250(6B));

(b)fails to comply with a requirement to provide information
imposed under section 251ZA(1), 251D(1)(b), 259(1)(a) or (aa) or
277A(1);

(c)provides information in response to such a requirement that is
40false or misleading to a material extent.

(2)The amount of the financial penalty is to be specified in, or determined
in accordance with, the regulations.

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(3)The regulations must include provision—

(a)requiring the Secretary of State, before imposing a financial
penalty on a person, to give the person written notice (a “notice
of intent”) of the proposed financial penalty;

(b)5ensuring that the person is given an opportunity to make
representations about the proposed financial penalty;

(c)requiring the Secretary of State, after the period for making
representations, to decide whether to impose the financial
penalty;

(d)10requiring the Secretary of State, if the Secretary of State decides
to impose the financial penalty, to give the person notice in
writing (a “final notice”) imposing the penalty;

(e)enabling a person on whom a financial penalty is imposed to
appeal to the First-tier Tribunal in accordance with the
15regulations;

(f)as to the powers of the Tribunal on such an appeal.

(4)The provision that may be made by the regulations includes
provision—

(a)enabling a notice of intent or final notice to be withdrawn or
20amended;

(b)requiring the Secretary of State to withdraw a final notice in
circumstances specified in the regulations;

(c)for a financial penalty to be increased by an amount specified in
or determined in accordance with the regulations in the event of
25late payment;

(d)for the recovery of financial penalties in the county court.

(5)In this section “public body” has the meaning given by section 250(7).

277F Directions to Special Health Authority to exercise functions under
section 277E

30The Secretary of State may—

(a)direct a Special Health Authority performing functions only or
mainly in respect of England to exercise the functions of the
Secretary of State under regulations made under section 277E;

(b)give the Special Health Authority directions about the exercise
35of those functions (including directions as to the processing of
information that the body obtains in exercising those
functions).”

(3)In section 304 (regulations etc), in subsection (5), after paragraph (ja) (inserted
by section 81 of this Act) insert—

(jb)40regulations under section 277E (regulations about
enforcement);”.

87 Medicine information systems

(1)The Medicines and Medical Devices Act 2021 is amended in accordance with
subsections (2) to (9).

(2)45In Part 2, for the heading of Chapter 1 substitute “Regulations: general”.

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(3)After that Chapter insert—

“Chapter 1A Regulations: information systems

7A Information systems

(1)5The appropriate authority may by regulations make provision about
the establishment and operation by the Health and Social Care
Information Centre (“the Information Centre”) of one or more
information systems for purposes relating to—

(a)the safety of human medicines, including the safety of clinical
10decisions relating to human medicines;

(b)the quality and efficacy of human medicines.

(2)The regulations may (among other things) make provision—

(a)about the information in relation to human medicines which
may or must be entered or retained in an information system
15established under subsection (1);

(b)requiring information to be provided to the Information Centre
for the purposes of its functions under the regulations;

(c)about the use or disclosure of information contained in an
information system established under subsection (1);

(d)20requiring the Information Centre to have regard to specified
matters in exercising its functions under the regulations.

(3)The provision mentioned in subsection (2)(a) and (b) may relate to—

(a)information for specified purposes,

(b)information that the Information Centre considers it necessary
25or expedient to have for the purposes of its functions under the
regulations,

(c)information (including information relating to individuals)
which is of a specified description, or

(d)information (including information relating to individuals)
30which is of a description set out in a direction in writing given
by the appropriate authority.

(4)The provision mentioned in subsection (2)(b) may include provision—

(a)requiring, or enabling the Information Centre to require,
specified persons or descriptions of persons to whom
35subsection (5) applies to provide information to the Information
Centre;

(b)about the manner in which, and the time at which, those
persons must provide information, or for those matters to be
determined by the Information Centre;

(c)40about any procedural steps the Information Centre must follow
in requiring a person to provide information to it;

(d)requiring specified persons or descriptions of persons to whom
subsection (5) applies to record or retain information which
they are, or may be, required to provide to the Information
45Centre under the regulations;

(e)in relation to the enforcement of any requirement imposed by or
under the regulations.