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Health and Social Care Bill


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

33

 

67      

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

5

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).

68      

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.

69      

Arrangements with Ministers

15

(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

25

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.

70      

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.

40

(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.

5

(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

10

corresponds to section 1(1) of the National Health Service Act 2006

(c. 41).

Inquiries

71      

Inquiries

(1)   

The Secretary of State may cause an inquiry to be held into any matter

15

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.

20

(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

25

make publication inappropriate.

(6)   

Publication is to be in such manner as the Secretary of State considers

appropriate.

Information

72      

Disclosure of confidential personal information: offence

30

(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

35

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

40

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

5

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

10

person authorised by the Commission.

73      

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

15

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;

20

(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

25

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

30

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.

35

(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

40

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

45

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.

5

74      

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.

75      

Permitted disclosures

10

(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

15

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,

20

(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

25

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

30

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

35

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.

40

(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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