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239 | Powers to request Information Centre to establish information systems |
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(1) | Any person (including a devolved authority) may request the Information |
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Centre to establish and operate a system for the collection, analysis and |
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publication or other dissemination of information of a description specified in |
| |
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(2) | A request under subsection (1) must relate to information which the person |
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considers it is necessary or expedient for the person to have in relation to the |
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person’s exercise of functions, or carrying out of activities, in connection with |
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the provision of health care or adult social care. |
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(3) | The Information Centre must comply with a mandatory request unless the |
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Centre considers that the request relates to information of a description |
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prescribed in regulations. |
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(4) | For the purposes of this Chapter a “mandatory request” is a request under |
| |
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(a) | is made by a relevant body, and |
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(b) | relates to information which the body considers it is necessary or |
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expedient for the body to have in relation to its discharge of a duty in |
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connection with the provision of health services or of adult social care |
| |
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(5) | The Secretary of State or the Board may direct the Information Centre not to |
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comply with a request specified in the direction which is not a mandatory |
| |
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(6) | The Secretary of State or the Board may direct the Information Centre to |
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comply with a request specified in the direction which was made by a person |
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outside the United Kingdom. |
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(7) | Subsection (8) applies where the Information Centre has discretion under this |
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section as to whether to comply with— |
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(a) | a mandatory request, or |
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(b) | other request under subsection (1). |
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(8) | In deciding whether to comply with the request, the Information Centre— |
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(a) | must in particular consider whether doing so would interfere to an |
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unreasonable extent with the exercise by the Centre of any of its |
| |
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(b) | may take into account the extent to which the relevant body or other |
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person making the request has had regard to advice or guidance given |
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by the Centre under section 245. |
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(9) | In this section “relevant body” means— |
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(b) | the Care Quality Commission, |
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(c) | the National Institute for Health and Care Excellence, and |
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(d) | such other persons as may be prescribed in regulations. |
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(10) | In this Chapter “health care” includes all forms of health care provided for |
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individuals whether relating to physical or mental health and also includes |
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procedures that are similar to forms of medical or surgical care but are not |
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provided in connection with a medical condition. |
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|
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|
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240 | Requests under section 239: supplementary |
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(1) | The Information Centre must publish procedures for— |
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(a) | the making and considering of requests under section 239, and |
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(b) | the reconsideration by the Centre of a decision not to comply with such |
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(2) | The procedure mentioned in subsection (1)(b) must provide for the person who |
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made the request to have an opportunity to make representations to the |
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Information Centre within a reasonable period for the purposes of the |
| |
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(3) | The Information Centre may charge a person a reasonable fee in respect of the |
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cost of complying with a request made by that person under section 239. |
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(4) | Before making a request under section 239 a person must consult the |
| |
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(5) | The Information Centre must publish details of— |
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(a) | any mandatory request, and |
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(b) | any other request under section 239 with which the Centre is obliged, |
| |
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241 | Information systems: supplementary |
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(1) | Before establishing an information system pursuant to a direction under |
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section 238 or a request under section 239 the Information Centre must |
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(a) | the person who gave the direction or made the request, |
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(b) | representatives of other persons who the Centre considers are likely to |
| |
use the information to which the direction or request relates, |
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(c) | representatives of persons from whom that information will be |
| 25 |
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(d) | such other persons as the Centre considers appropriate. |
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(2) | If the Information Centre reasonably believes that there is no longer a need to |
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retain information which it has collected pursuant to a direction under section |
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238 or a request under section 239, or information derived from such |
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information, the Centre must destroy the information. |
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242 | Powers to require and request provision of information |
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(1) | The Information Centre may— |
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(a) | require a health or social care body to provide it with any information |
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which the Centre considers it necessary or expedient for the Centre to |
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have for the purposes of any function it exercises by virtue of this |
| |
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(b) | request any other person to provide it with such information. |
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(2) | A health or social care body must comply with a requirement under subsection |
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(1)(a) by providing the information to the Information Centre in such form and |
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manner, and within such period, as the Centre may specify. |
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(3) | If the Information Centre considers it appropriate to do so, the Centre may |
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make a payment to any person who has provided information to the Centre |
| |
|
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|
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|
pursuant to a request made under subsection (1)(b) in respect of the costs to |
| |
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(4) | The Information Centre must publish a procedure for notifying health or social |
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care bodies and other persons of requirements imposed, and requests made, |
| |
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(5) | In imposing requirements under this section the Information Centre must co- |
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operate with any other person who is authorised to require the provision of |
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information from a health or social care body. |
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(6) | In this Chapter “health or social care body” means a public body which |
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exercises functions in connection with the provision of health services or of |
| 10 |
adult social care in England. |
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243 | Publication of information |
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(1) | The Information Centre must publish all information which it collects |
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pursuant to a direction under section 238 or a request under section 239 |
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(a) | the information is in a form which identifies any provider to whom the |
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information relates or enables the identity of such a provider to be |
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ascertained and the Centre, after taking into account the public interest |
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as well as the interests of the provider, considers that it is not |
| |
appropriate for the information to be published, |
| 20 |
(b) | the information is in a form which identifies any individual to whom |
| |
the information relates who is not a provider or enables the identity of |
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such an individual to be ascertained, or |
| |
(c) | the information is of a description specified in a direction given to the |
| |
Centre by the Secretary of State or the Board. |
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(2) | In subsection (1) “provider” means any person who provides health services or |
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adult social care in England. |
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(3) | If a direction under section 238 or a mandatory request under section 239 does |
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not specify the form and manner in which, and the intervals at which, the |
| |
information to which the direction or (as the case may be) request relates is to |
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be published, the Information Centre must publish the information in such |
| |
form and such manner, and at such intervals, as it considers appropriate. |
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(4) | Where the Information Centre publishes information which it collects |
| |
pursuant to a request under section 239 other than a mandatory request, the |
| |
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(a) | must publish the information in such form and such manner, and at |
| |
such intervals, as it considers appropriate, and |
| |
(b) | may disseminate the information in any other manner that it considers |
| |
| |
(5) | In considering the appropriate form, manner and intervals for publication of |
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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 |
| |
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|
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|
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|
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The Information Centre must maintain and publish a register containing |
| |
descriptions of the information which has been collected by virtue of this |
| |
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| 5 |
(1) | The Information Centre— |
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(a) | may give advice or guidance to any person mentioned in subsection (2) |
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on any matter relating to the collection, analysis, publication or other |
| |
dissemination of information, and |
| |
(b) | must, if requested to do so by the Secretary of State or the Board, give |
| 10 |
advice or guidance on any such matter as may be specified in the |
| |
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(i) | the Secretary of State or (as the case may be) the Board; |
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(ii) | such other persons as may be specified in the request. |
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(a) | the Secretary of State, |
| |
| |
(c) | any person who makes, or is proposing to make, a request under |
| |
| |
(d) | any other health or social care body, and |
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(e) | any other person (including a devolved authority) who collects, or is |
| |
proposing to collect, information which relates to the provision of |
| |
health care or adult social care. |
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(3) | A request under subsection (1)(b) made by the Secretary of State may, in |
| |
particular, include a request for advice or guidance to be given to the Secretary |
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of State or the Board about ways in which the burdens relating to the collection |
| |
of information imposed on health or social care bodies and other persons may |
| |
| |
(4) | A health or social care body to whom advice or guidance is given under this |
| |
section must have regard to the advice or guidance in exercising functions in |
| 30 |
connection with the provision of health services or of adult social care in |
| |
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Quality of health and social care information |
| |
246 | Assessment of quality of information |
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The Information Centre must from time to time— |
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(a) | so far as they are applicable, assess the extent to which information it |
| |
collects pursuant to a direction under section 238 or a request under 239 |
| |
meets the information standards published under section 234, and |
| |
(b) | publish a record of the results of the assessment. |
| |
247 | Power to establish accreditation scheme |
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(1) | Regulations may make provision for the establishment and operation of a |
| |
scheme for the accreditation of information service providers (“the |
| |
| |
|
| |
|
| |
|
(2) | The regulations may provide that the accreditation scheme is to be established |
| |
and operated by the Information Centre or such other person as the Secretary |
| |
of State may specify in the regulations (the “operator”). |
| |
(3) | The regulations may in particular confer power on the operator— |
| |
(a) | to establish the procedure for accrediting information service providers |
| 5 |
| |
(b) | to set the criteria to be met by a provider in order to be accredited (“the |
| |
accreditation criteria”), |
| |
(c) | to keep an accreditation under the scheme under review, and |
| |
(d) | to charge a reasonable fee in respect of an application for accreditation. |
| 10 |
(4) | The regulations may make provision requiring the operator— |
| |
(a) | to publish details of the scheme, including in particular the |
| |
| |
(b) | to provide for the review of a decision to refuse an application for |
| |
| 15 |
(c) | to provide advice to applicants for accreditation with a view to |
| |
ensuring that they meet the accreditation criteria. |
| |
(5) | In this section “information service provider” means any person other than a |
| |
public body who provides services involving the collection, analysis, |
| |
publication or other dissemination of information in connection with the |
| 20 |
provision of health services or of adult social care in England. |
| |
| |
248 | Database of quality indicators |
| |
(1) | Regulations may make provision conferring functions on the Information |
| |
Centre in connection with the establishment, maintenance and publication of a |
| 25 |
database of quality indicators in relation to the provision of health services and |
| |
of adult social care in England. |
| |
(2) | The regulations may in particular make provision about— |
| |
(a) | the persons who may propose a quality indicator for inclusion in the |
| |
| 30 |
(b) | the giving of advice and guidance by the Information Centre to such |
| |
persons in relation to such a proposal, |
| |
(c) | the assessment and approval of quality indicators proposed for |
| |
inclusion in the database by such person as the Secretary of State or the |
| |
| 35 |
(d) | the inclusion in the database of guidance about how providers may |
| |
demonstrate performance measured against the quality indicators. |
| |
(3) | In this section a “quality indicator” means a factor by reference to which |
| |
performance in the provision of services or care can be measured. |
| |
249 | Power to confer functions in relation to identification of GPs |
| 40 |
(1) | Regulations may make provision conferring functions on the Information |
| |
Centre in connection with the verification of the identity of general medical |
| |
practitioners for purposes connected with the health service in England. |
| |
|
| |
|
| |
|
(2) | In subsection (1) “general medical practitioners” means persons registered in |
| |
the General Practitioner Register kept by the General Medical Council. |
| |
| |
(1) | The Information Centre may do any of the following— |
| |
(a) | acquire, produce, manufacture and supply goods, |
| 5 |
(b) | acquire land by agreement and manage and deal with land, |
| |
(c) | supply accommodation to any person, |
| |
(d) | supply services to any person and provide new services, |
| |
(e) | provide instruction for any person, and |
| |
(f) | develop and exploit ideas and exploit intellectual property. |
| 10 |
(2) | But the Information Centre may exercise a power under subsection (1) only— |
| |
(a) | if doing so involves, or is connected with, the collection, analysis, |
| |
publication or other dissemination of information, and |
| |
(b) | to the extent that its exercise does not to any significant extent interfere |
| |
with the performance by the Centre of its functions. |
| 15 |
(3) | The Information Centre may— |
| |
(a) | charge for anything it does in the exercise of a power under |
| |
| |
(b) | calculate any such charge on the basis that it considers to be the |
| |
appropriate commercial basis. |
| 20 |
251 | Arrangements with other bodies |
| |
(1) | The Information Centre may arrange with any person or body to provide, or |
| |
assist in providing, any service which the Centre is required or authorised to |
| |
provide by virtue of this Chapter. |
| |
(2) | The power under this section may be exercised on such terms as may be |
| 25 |
agreed, including terms as to the making of payments by or to the Information |
| |
| |
252 | 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 the Centre— |
| 30 |
(a) | is failing or has failed to discharge any of its functions, or |
| |
(b) | is failing or has failed properly to discharge any of its functions. |
| |
(2) | A direction under subsection (1) may direct the Information Centre to |
| |
discharge such of those functions, and in such manner and within such period |
| |
or periods, as may be specified in the direction. |
| 35 |
(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) | make arrangement for any other person to discharge them on the |
| |
Secretary of State’s behalf. |
| 40 |
|
| |
|