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Health and Social Care Bill


Health and Social Care Bill
Part 9 — Health and adult social care services: information
Chapter 2 — The Health and Social Care Information Centre

199

 

239     

Powers to request Information Centre to establish information systems

(1)   

Any person (including a devolved authority) may request the Information

Centre to establish and operate a system for the collection, analysis and

publication or other dissemination of information of a description specified in

the request.

5

(2)   

A request under subsection (1) must relate to information which the person

considers it is necessary or expedient for the person to have in relation to the

person’s exercise of functions, or carrying out of activities, in connection with

the provision of health care or adult social care.

(3)   

The Information Centre must comply with a mandatory request unless the

10

Centre considers that the request relates to information of a description

prescribed in regulations.

(4)   

For the purposes of this Chapter a “mandatory request” is a request under

subsection (1) which—

(a)   

is made by a relevant body, and

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(b)   

relates to information which the body considers it is necessary or

expedient for the body to have in relation to its discharge of a duty in

connection with the provision of health services or of adult social care

in England.

(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

request.

(6)   

The Secretary of State or the Board may direct the Information Centre to

comply with a request specified in the direction which was made by a person

outside the United Kingdom.

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(7)   

Subsection (8) applies where the Information Centre has discretion under this

section as to whether to comply with—

(a)   

a mandatory request, or

(b)   

other request under subsection (1).

(8)   

In deciding whether to comply with the request, the Information Centre—

30

(a)   

must in particular consider whether doing so would interfere to an

unreasonable extent with the exercise by the Centre of any of its

functions, and

(b)   

may take into account the extent to which the relevant body or other

person making the request has had regard to advice or guidance given

35

by the Centre under section 245.

(9)   

In this section “relevant body” means—

(a)   

Monitor,

(b)   

the Care Quality Commission,

(c)   

the National Institute for Health and Care Excellence, and

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(d)   

such other persons as may be prescribed in regulations.

(10)   

In this Chapter “health care” includes all forms of health care provided for

individuals 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 condition.

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Health and Social Care Bill
Part 9 — Health and adult social care services: information
Chapter 2 — The Health and Social Care Information Centre

200

 

240     

Requests under section 239: supplementary

(1)   

The Information Centre must publish procedures for—

(a)   

the making and considering of requests under section 239, and

(b)   

the reconsideration by the Centre of a decision not to comply with such

a request.

5

(2)   

The procedure mentioned in subsection (1)(b) must provide for the person who

made the request to have an opportunity to make representations to the

Information Centre within a reasonable period for the purposes of the

reconsideration.

(3)   

The Information Centre may charge a person a reasonable fee in respect of the

10

cost of complying with a request made by that person under section 239.

(4)   

Before making a request under section 239 a person must consult the

Information Centre.

(5)   

The Information Centre must publish details of—

(a)   

any mandatory request, and

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(b)   

any other request under section 239 with which the Centre is obliged,

or decides, to comply.

241     

Information systems: supplementary

(1)   

Before establishing an information system pursuant to a direction under

section 238 or a request under section 239 the Information Centre must

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consult—

(a)   

the person who gave the direction or made the request,

(b)   

representatives of other persons who the Centre considers are likely to

use the information to which the direction or request relates,

(c)   

representatives of persons from whom that information will be

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collected, and

(d)   

such other persons as the Centre considers appropriate.

(2)   

If the Information Centre reasonably believes that there is no longer a need to

retain information which it has collected pursuant to a direction under section

238 or a request under section 239, or information derived from such

30

information, the Centre must destroy the information.

242     

Powers to require and request provision of information

(1)   

The Information Centre may—

(a)   

require a health or social care body to provide it with any information

which the Centre considers it necessary or expedient for the Centre to

35

have for the purposes of any function it exercises by virtue of this

Chapter, and

(b)   

request any other person to provide it with such information.

(2)   

A health or social care body must comply with a requirement under subsection

(1)(a) by providing the information to the Information Centre in such form and

40

manner, and within such period, as the Centre may specify.

(3)   

If the Information Centre considers it appropriate to do so, the Centre may

make a payment to any person who has provided information to the Centre

 
 

Health and Social Care Bill
Part 9 — Health and adult social care services: information
Chapter 2 — The Health and Social Care Information Centre

201

 

pursuant to a request made under subsection (1)(b) in respect of the costs to

that person of doing so.

(4)   

The Information Centre must publish a procedure for notifying health or social

care bodies and other persons of requirements imposed, and requests made,

under subsection (1).

5

(5)   

In imposing requirements under this section the Information Centre must co-

operate with any other person who is authorised to require the provision of

information from a health or social care body.

(6)   

In this Chapter “health or social care body” means a public body which

exercises functions in connection with the provision of health services or of

10

adult social care in England.

243     

Publication of information

(1)   

The Information Centre must publish all information which it collects

pursuant to a direction under section 238 or a request under section 239

unless—

15

(a)   

the information is in a form which identifies any provider to whom the

information relates or enables the identity of such a provider to be

ascertained and the Centre, after taking into account the public interest

as well as the interests of the provider, considers that it is not

appropriate for the information to be published,

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(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

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

adult social care in England.

(3)   

If a direction under section 238 or a mandatory request under section 239 does

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

30

be published, the Information Centre must publish the information in such

form and such manner, and at such intervals, as it considers appropriate.

(4)   

Where the Information Centre publishes information which it collects

pursuant to a request under section 239 other than a mandatory request, the

Centre—

35

(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

appropriate.

(5)   

In considering the appropriate form, manner and intervals for publication of

40

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

put.

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Health and Social Care Bill
Part 9 — Health and adult social care services: information
Chapter 2 — The Health and Social Care Information Centre

202

 

244     

Information Register

The Information Centre must maintain and publish a register containing

descriptions of the information which has been collected by virtue of this

Chapter.

245     

Advice or guidance

5

(1)   

The Information Centre—

(a)   

may give advice or guidance to any person mentioned in subsection (2)

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

request to—

(i)   

the Secretary of State or (as the case may be) the Board;

(ii)   

such other persons as may be specified in the request.

(2)   

Those persons are—

15

(a)   

the Secretary of State,

(b)   

the Board,

(c)   

any person who makes, or is proposing to make, a request under

section 239,

(d)   

any other health or social care body, and

20

(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.

(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

25

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

be minimised.

(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

England.

Quality of health and social care information

246     

Assessment of quality of information

The Information Centre must from time to time—

35

(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

40

(1)   

Regulations may make provision for the establishment and operation of a

scheme for the accreditation of information service providers (“the

accreditation scheme”).

 
 

Health and Social Care Bill
Part 9 — Health and adult social care services: information
Chapter 2 — The Health and Social Care Information Centre

203

 

(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

under the scheme,

(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

accreditation criteria,

(b)   

to provide for the review of a decision to refuse an application for

accreditation, and

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(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

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provision of health services or of adult social care in England.

Functions: other

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

database,

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

Board may direct, and

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(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.

 
 

Health and Social Care Bill
Part 9 — Health and adult social care services: information
Chapter 2 — The Health and Social Care Information Centre

204

 

(2)   

In subsection (1) “general medical practitioners” means persons registered in

the General Practitioner Register kept by the General Medical Council.

250     

Additional functions

(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.

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(3)   

The Information Centre may—

(a)   

charge for anything it does in the exercise of a power under

subsection (1), and

(b)   

calculate any such charge on the basis that it considers to be the

appropriate commercial basis.

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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

Centre.

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.

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(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.

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