Health and Social Care Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 6 — Miscellaneous and General
33

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Provision of information by Auditor General for Wales
(1)
The Auditor General for Wales must, on request, provide the Commission with
any information it may reasonably require for the purpose of making
comparisons, in the exercise of its functions under section 50 so far as relating
to health care or English NHS bodies, between English NHS bodies and Welsh
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NHS bodies.
(2)
In this section “Welsh NHS body” has the same meaning as in Part 3 of the
Public Audit (Wales) Act 2004 (c. 23).
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Provision of material to the Comptroller and Auditor General
The Commission must, on request, provide the Comptroller and Auditor
10
General with any material relevant to—
(a)
a review under section 42 or 45 in respect of an English NHS body,
(b)
a review or investigation under section 44 in respect of such a body, or
(c)
a study promoted, or undertaken, by the Commission under section 50.
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Arrangements with Ministers
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(1)
The Commission and a Minister of the Crown may make arrangements for the
Commission to—
(a)
perform any of its functions in relation to a prescribed health scheme,
or a prescribed social care scheme, for which the Minister has
responsibility;
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(b)
provide services or facilities insofar as they are required by the Minister
in connection with such a scheme.
(2)
Arrangements under this section may be made on such terms and conditions
as may be agreed between the parties to the arrangements.
(3)
Those terms and conditions may include provision with respect to the making
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of payments to the Commission in respect of the cost to it of giving effect to the
arrangements.
(4)
In this section—
“health scheme” means a scheme which appears to the Secretary of State
to be a health or medical scheme paid for out of public funds;
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“social care scheme” means a scheme which appears to the Secretary of
State to be a social care scheme paid for out of public funds.
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Arrangements with Northern Ireland Ministers
(1)
The Commission and a Northern Ireland Minister may make arrangements for
the Commission to—
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(a)
exercise on behalf of the Minister any function of the Minister which
corresponds to a function of the Commission and relates to the
Northern Ireland health service;
(b)
provide services or facilities insofar as they are required by the Minister
in connection with the exercise by the Minister of any such functions.
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(2)
Arrangements under this section may be made on such terms and conditions
as may be agreed between the parties to the arrangements.

Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 6 — Miscellaneous and General
34

(3)
Those terms and conditions may include provision with respect to the making
of payments to the Commission in respect of the cost to it of giving effect to the
arrangements.
(4)
Any arrangements under subsection (1)(a) are not to affect the responsibility of
the Minister on whose behalf the function is exercised.
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(5)
In this section—
“Northern Ireland Minister” includes the First Minister, the deputy First
Minister and a Northern Ireland department;
“Northern Ireland health service” means any of the health services under
any enactment which extends to Northern Ireland and which
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corresponds to section 1(1) of the National Health Service Act 2006
(c. 41).
Inquiries
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Inquiries
(1)
The Secretary of State may cause an inquiry to be held into any matter
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connected with the exercise by the Commission of any of its functions.
(2)
Before an inquiry is begun, the Secretary of State may give a direction that it be
held in private.
(3)
Where no such direction has been given, the person holding the inquiry may
decide to hold it, or any part of it, in private.
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(4)
Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70)
(powers in relation to local inquiries) apply in relation to an inquiry under this
section as they apply in relation to a local inquiry under that section.
(5)
The report of the person holding the inquiry is to be published, unless the
Secretary of State considers that there are exceptional circumstances which
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make publication inappropriate.
(6)
Publication is to be in such manner as the Secretary of State considers
appropriate.
Information
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Disclosure of confidential personal information: offence
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(1)
This section applies to information which—
(a)
has been obtained by the Commission on terms or in circumstances
requiring it to be held in confidence, and
(b)
relates to and identifies an individual.
(2)
A person is guilty of an offence if the person knowingly or recklessly discloses
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information to which this section applies during the lifetime of the individual.
(3)
A person guilty of an offence under this section is liable—
(a)
on summary conviction, to imprisonment for a term not exceeding 12
months, or to a fine not exceeding the statutory maximum, or to both,
(b)
on conviction on indictment, to imprisonment for a term not exceeding
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two years, or to a fine, or to both.

Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 6 — Miscellaneous and General
35

(4)
In relation to an offence committed before the commencement of section 154(1)
of the Criminal Justice Act 2003 (c. 44), the reference in subsection (3)(a) to 12
months is to be read as a reference to 6 months.
(5)
For the purposes of subsection (1)(b), information obtained by the Commission
is to be treated as identifying an individual if the individual can be identified
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from a combination of—
(a)
that information, and
(b)
other information obtained by the Commission.
(6)
Reference in this section and in sections 73 to 76 to information obtained or
disclosed by the Commission includes information obtained or disclosed by a
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person authorised by the Commission.
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Defence
(1)
It is a defence for a person charged with an offence under section 72 to prove
that at the time of the alleged offence—
(a)
any of the circumstances in subsection (2) applied in relation to the
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disclosure, or
(b)
the person reasonably believed that any of them so applied.
(2)
The circumstances are—
(a)
that the disclosure was made in a form in which the individual to
whom the information relates is not identified;
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(b)
that the disclosure was made with the consent of that individual;
(c)
that the information disclosed had previously been lawfully disclosed
to the public;
(d)
that the disclosure was made under or pursuant to regulations under
section 113 or 114 of the Health and Social Care (Community Health
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and Standards) Act 2003 (c. 43) (complaints about health care or social
services);
(e)
that the disclosure was made in accordance with any enactment or
court order;
(f)
that the disclosure was necessary or expedient for the purposes of
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protecting the welfare of any individual;
(g)
that the disclosure was made to any person or body in circumstances
where it was necessary or expedient for the person or body to have the
information for the purpose of exercising functions of that person or
body under any enactment.
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(3)
It is also a defence for a person charged with an offence under section 72 to
prove that the disclosure was made—
(a)
for the purpose of facilitating the exercise of any of the Commission’s
functions,
(b)
in connection with the investigation of a criminal offence (whether or
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not in the United Kingdom), or
(c)
for the purpose of criminal proceedings (whether or not in the United
Kingdom).
(4)
If a person charged with an offence under section 72 relies on a defence in
subsection (1) or (3), and evidence is adduced which is sufficient to raise an
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issue with respect to that defence, the court must assume that the defence is
satisfied unless the prosecution proves beyond reasonable doubt that it is not.

Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 6 — Miscellaneous and General
36

(5)
For the purposes of subsection (2)(a), information disclosed by a person is to be
treated as being in a form in which an individual is identified if the individual
can be identified from a combination of—
(a)
the information, and
(b)
other information disclosed by the person or by the Commission.
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Use of information etc.
Information obtained by, or documents or records produced to, the
Commission in connection with any of its functions may be used by the
Commission in connection with any of its other functions.
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Permitted disclosures
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(1)
Subsections (2) and (3) apply to any information obtained by the Commission
in the course of exercising any of its functions.
(2)
In the case of information relating to an individual, the Commission may
disclose the information if—
(a)
the disclosure is made in a form in which the individual is not
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identified, or
(b)
the disclosure is made with the consent of the individual.
(3)
In all cases (whether or not relating to an individual), the Commission may
disclose the information if—
(a)
the information has previously been lawfully disclosed to the public,
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(b)
the disclosure is made under or pursuant to regulations under section
113 or 114 of the Health and Social Care (Community Health and
Standards) Act 2003 (c. 43) (complaints about health care or social
services),
(c)
the disclosure is made in accordance with any enactment or court
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order,
(d)
the disclosure is necessary or expedient for the purposes of protecting
the welfare of any individual,
(e)
the disclosure is made to any person or body in circumstances where it
is necessary or expedient for the person or body to have the information
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for the purpose of exercising functions of that person or body under
any enactment,
(f)
the disclosure is made for the purpose of facilitating the exercise of any
of the Commission’s functions,
(g)
the disclosure is made in connection with the investigation of a criminal
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offence (whether or not in the United Kingdom), or
(h)
the disclosure is made for the purpose of criminal proceedings
(whether or not in the United Kingdom).
(4)
Subsections (2) and (3) have effect notwithstanding any rule of common law
which would otherwise prohibit or restrict the disclosure.
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(5)
For the purposes of subsection (2)(a), information disclosed by the
Commission is to be treated as being in a form in which an individual is
identified if the individual can be identified from a combination of—
(a)
the information, and
(b)
other information disclosed by the Commission.
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