Health and Social Care Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

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.
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(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
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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
40
(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.
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(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
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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).
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(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
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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—
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(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—
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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
appropriate.
(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
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
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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—
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(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
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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.
(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—
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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
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.
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(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,
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(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
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(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.
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(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—
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(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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