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
205

253
Protection from personal liability
(1)
Section 265 of the Public Health Act 1875 (which relates to the protection of
members and officers of certain authorities from personal liability) has effect as
if there were included in the authorities referred to in that section a reference
to the Information Centre.
5
(2)
In its application to the Information Centre as provided for by subsection (1),
section 265 of that Act has effect as if any reference in that section to the Public
Health Act 1875 were a reference to this Act.
General and supplementary
254
Powers of Secretary of State and Board to give directions
10
(1)
Regulations may make provision conferring powers on the Secretary of State
or the Board to give directions—
(a)
requiring a health or social care body to exercise such of the
Information Centre’s functions as may be specified;
(b)
requiring the Centre or another health or social care body to exercise
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such information functions of the Secretary of State or (as the case may
be) the Board as may be specified;
(c)
requiring the Centre to exercise such functions as may be specified
which are similar to information functions of any health or social care
body.
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(2)
A power conferred on the Secretary of State under subsection (1)(a) must
provide that a direction may be given in respect of a function of the
Information Centre only if the function relates to information which is of a
description prescribed in the regulations and—
(a)
in respect of which the Secretary of State may give a direction under
25
section 238, or
(b)
which the Secretary of State considers is information in respect of
which a mandatory request may be made under section 239.
(3)
A power conferred on the Board under subsection (1)(a) must provide that a
direction may be given in respect of a function of the Information Centre only
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if the function relates to information which is of a description prescribed in the
regulations and in respect of which the Board may give a direction under
section 238.
(4)
A power conferred under subsection (1)(a) must provide that a direction must
include provision requiring the body in question to provide the Information
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Centre with the information it needs to comply with the duty under section 244
(duty to publish information register).
(5)
In this section—
“information function” means a function in relation to the collection,
analysis, publication or other dissemination of information;
40
“specified” means specified in a direction given under regulations made
under subsection (1).
255
Interpretation of this Chapter
In this Chapter—

Health and Social Care Bill
Part 10 — Abolition of certain public bodies etc
206

“adult social care” has the meaning given by section 237;
“the Board” means the National Health Service Commissioning Board;
“devolved authority” means—
(a)
the Scottish Ministers;
(b)
the Welsh Ministers; and
5
(c)
the Department of Health, Social Services and Public Safety in
Northern Ireland;
“health care” has the meaning given by section 239;
“health service” has the same meaning as in the National Health Service
Act 2006 (see section 275(1) of that Act);
10
“health services” has the meaning given by section 237;
“health or social care body” has the meaning given by section 242;
“mandatory request” has the meaning given by section 239;
“public body” means a body or other person whose functions—
(a)
are of a public nature, or
15
(b)
include functions of that nature,
but in the latter case, the body or person is a public body to the extent
only of those functions.
256
Dissolution of predecessor body
The Special Health Authority known as the Health and Social Care Information
20
Centre is abolished.
257
Consequential provision
Schedule 18 (which contains consequential provision) has effect.
Part 10
Abolition of certain public bodies etc
25
258
The Alcohol Education and Research Council
(1)
The Alcohol Education and Research Council is abolished.
(2)
The Licensing (Alcohol Education and Research) Act 1981 is repealed.
(3)
Part 1 of Schedule 19 (which contains consequential amendments and savings)
has effect.
30
259
The Appointments Commission
(1)
The Appointments Commission is abolished.
(2)
Omit Part 5 of the Health Act 2006 (which established the Commission).
(3)
Part 2 of Schedule 19 (which contains consequential amendments and savings)
has effect.
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Health and Social Care Bill
Part 10 — Abolition of certain public bodies etc
207

260
The National Information Governance Board for Health and Social Care
(1)
The National Information Governance Board for Health and Social Care is
abolished.
(2)
Omit sections 250A to 250D of the National Health Service Act 2006 (which
established the Board).
5
(3)
After section 20 of the Health and Social Care Act 2008 insert—
“20A
Functions relating to processing of information by registered persons
(1)
The Commission has the following functions in relation to the
processing of relevant information—
(a)
to monitor the practice followed by registered persons in
10
relation to such processing, and
(b)
to keep the National Health Service Commissioning Board and
Monitor informed about the practice being followed by
registered persons in relation to such processing.
(2)
The Commission must, in exercising those functions, seek to improve
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the practice followed by registered persons in relation to the processing
of relevant information.
(3)
In this section “relevant information” means—
(a)
patient information,
(b)
any other information obtained or generated in the course of the
20
provision of the health service continued under section 1 of the
National Health Service Act 2006,
(c)
any other information obtained or generated in the course of the
exercise by an English local authority of its adult social services
functions, and
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(d)
any other information obtained or generated in the course of the
carrying on by an English local authority of adult placement
schemes in connection with which arrangements are made for
the provision of personal care.
(4)
In subsection (3) “patient information” means—
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(a)
information (however recorded) which relates to the physical or
mental health or condition of an individual (“P”), to the
diagnosis of P’s condition or to P’s care or treatment, and
(b)
information (however recorded) which is to any extent derived,
directly or indirectly, from that information,
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whether or not the identity of the individual in question is ascertainable
from the information.
(5)
In this section—
“adult placement scheme” and “personal care” each have such
meaning as they have from time to time in regulations under
40
section 20;
“processing”, in relation to information, has the same meaning as
in the Data Protection Act 1998;
“registered person” means a person registered under this Chapter
as a manager or service provider in respect of a regulated
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activity.”

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Part 10 — Abolition of certain public bodies etc
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(4)
In section 80(3) of that Act (persons Commission must consult before
publishing code of practice on confidential personal information), for
paragraph (a) substitute—
“(a)
the National Health Service Commissioning Board,”.
(5)
In section 252 of the National Health Service Act 2006 (consultation before
5
making regulations on control of patient information), in subsection (1), for
“the National Information Governance Board for Health and Social Care”
substitute “the Care Quality Commission”; and in consequence of that—
(a)
for the title to that section substitute “Consultation with the Care
Quality Commission”, and
10
(b)
in section 271(3)(g) of that Act—
(i)
for “sections” substitute “section”, and
(ii)
omit “252 (consultation with National Information Governance
Board)”.
(6)
The Care Quality Commission must exercise its power under paragraph 6(3) of
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Schedule 1 to the Health and Social Care Act 2008 so as to appoint a committee,
to be known as “the National Information Governance Committee”, until 31
March 2015.
(7)
The purpose of the committee is to provide the Care Quality Commission with
advice on and assistance with the exercise of its functions relating to the
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processing of relevant information within the meaning of section 20A of the
Health and Social Care Act 2008.
(8)
Part 3 of Schedule 19 (which contains consequential amendments and savings)
has effect.
261
The National Patient Safety Agency
25
(1)
The National Patient Safety Agency is abolished.
(2)
The National Patient Safety Agency (Establishment and Constitution) Order
2001 (S.I. 2001/1743) is revoked.
(3)
In section 13 of the NHS Redress Act 2006 (scheme authority’s duties of co-
operation), omit subsection (2).
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262
The NHS Institute for Innovation and Improvement
(1)
The NHS Institute for Innovation and Improvement is abolished.
(2)
The NHS Institute for Innovation and Improvement (Establishment and
Constitution) Order 2005 (S.I. 2005/1446) is revoked.
263
Standing advisory committees
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(1)
Omit section 250 of, and Schedule 19 to, the National Health Service Act 2006
(Secretary of State’s standing advisory committees).
(2)
In consequence of the repeal of Schedule 19 to that Act, in Schedule 3 to the
Health Act 2009, omit paragraph 13.
(3)
The repeal of section 250 of the National Health Service Act 2006 does not affect
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the continuing effect of the National Health Service (Standing Advisory

Health and Social Care Bill
Part 11 — Miscellaneous
209

Committees) Order 1981 (S.I. 1981/597) (establishment of the Joint Committee
on Vaccination and Immunisation) made under that section.
Part 11
Miscellaneous
Duties to co-operate
5
264
Monitor: duty to co-operate with Care Quality Commission
(1)
Monitor must co-operate with the Care Quality Commission in the exercise of
their respective functions.
(2)
In particular Monitor must—
(a)
give the Commission any information Monitor has about the provision
10
of health care services which Monitor or the Commission considers
would assist the Commission in the exercise of its functions,
(b)
make arrangements with the Commission to ensure that—
(i)
a person applying both for a licence under Chapter 4 of Part 3
and to be registered under the Health and Social Care Act 2008
15
may do so by way of a single application form,
(ii)
such a person is granted a licence under that Chapter and
registration under that Act by way of a single document, and
(c)
seek to secure that the conditions included in a licence under that
Chapter in a case within paragraph (b) are consistent with any
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conditions on the person’s registration under that Act.
(3)
Without prejudice to subsection (2)(a) Monitor must, on request, provide the
Commission with any material relevant to the exercise of Monitor’s functions
pursuant to section 61(2), so far as the material relates to the provision of health
care services.
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(4)
In subsection (2), references to registration under the Health and Social Care
Act 2008 are references to registration under Chapter 2 of Part 1 of that Act.
265
Care Quality Commission: duty to co-operate with Monitor
(1)
Section 70 of the Health and Social Care Act 2008 (co-operation between the
Commission and the Independent Regulator of NHS foundation trusts) is
30
amended as follows.
(2)
For subsection (1) substitute—
“(1)
The Commission must co-operate with Monitor in the exercise of their
respective functions.”
(3)
For subsection (2) substitute—
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“(2)
In particular the Commission must—
(a)
give Monitor any information the Commission has about the
provision of health care which the Commission or Monitor
considers would assist Monitor in the exercise of its functions,
and
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(b)
make arrangements with Monitor to ensure that—

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Part 11 — Miscellaneous
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(i)
a person applying to be both registered under Chapter 2
and for a licence under the Health and Social Care Act
2011 may do so by way of a single application form, and
(ii)
such a person is granted a registration under Chapter 2
and a licence under that Act by way of a single
5
document, and
(c)
seek to secure that the conditions on a registration under
Chapter 2 in a case within paragraph (b) are consistent with the
conditions included in the person’s licence under that Act.”
(4)
In subsection (3)—
10
(a)
for “Independent Regulator” substitute “Monitor”, and
(b)
for “an NHS foundation trust” substitute “a person who holds a licence
under the Health and Social Care Act 2011”.
(5)
After that subsection insert—
“(4)
In this section, a reference to a licence under the Health and Social Care
15
Act 2011 is a reference to a licence under Chapter 4 of Part 3 of that Act.”
(6)
In the heading of that section, for “Independent Regulator of NHS Foundation
Trusts” substitute “Monitor”.
266
Other duties to co-operate
(1)
Monitor and each relevant body must co-operate with each other in the
20
exercise of their respective functions.
(2)
The Care Quality Commission and each relevant body must co-operate with
each other in the exercise of their respective functions.
(3)
The relevant bodies are—
(a)
the National Health Service Commissioning Board,
25
(b)
the National Institute for Health and Care Excellence,
(c)
the Health and Social Care Information Centre, and
(d)
Special Health Authorities which have functions that are exercisable in
relation to England.
(4)
The Secretary of State may by order amend subsection (3) so as to add to the
30
list of relevant bodies a body that has functions relating to health.
(5)
Where Monitor or the Care Quality Commission regulates an activity of a
relevant body, the duty imposed by subsection (1) or (as the case may be)
subsection (2) does not apply to—
(a)
the exercise by Monitor or by the Commission of its function of
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regulating that activity;
(b)
the exercise by the relevant body of any function in so far as it involves
carrying on that activity.
(6)
A reference in this section to regulating an activity includes a reference to—
(a)
authorising the carrying on of the activity, imposing restrictions on the
40
carrying on of the activity, and exercising functions in relation to such
authorisations or restrictions;
(b)
enforcing the performance of an obligation imposed (whether or not by
provision made by or under an enactment) with respect to the carrying
on of the activity;
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Health and Social Care Bill
Part 11 — Miscellaneous
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(c)
issuing guidance on the carrying on of the activity, the authorisation of
the activity, restrictions on the activity, or the performance of obligation
imposed with respect to the carrying on of the activity.
(7)
For the purposes of this section and section 266, the functions of a Special
Health Authority include such functions as it is directed to exercise under
5
section 7 of the National Health Service Act 2006 (directions by Secretary of
State).
(8)
References in this section and section 266 to functions are references to
functions so far as exercisable in relation to England.
267
Breaches of duties to co-operate
10
(1)
If the Secretary of State is of the opinion that bodies subject to a relevant co-
operation duty have breached or are breaching the duty, or are at significant
risk of breaching the duty, the Secretary of State may give a written notice of
the Secretary of State’s opinion to each body.
(2)
The relevant co-operation duties are—
15
(a)
the duty under section 264 (co-operation by Monitor with the Care
Quality Commission),
(b)
the duties under section 266(1) and (2),
(c)
the duty under section 70 of the Health and Social Care Act 2008 (co-
operation by the Care Quality Commission with Monitor),
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(d)
any duties imposed by an enactment on relevant bodies to co-operate
with each other in the exercise of their respective functions.
(3)
The Secretary of State must publish each notice given under subsection (1) in
such form as the Secretary of State considers appropriate.
(4)
Subsection (5) applies if, having given a notice under subsection (1), the
25
Secretary of State is satisfied that—
(a)
the bodies concerned have breached or are continuing to breach the
duty or, the risk of a breach having materialised, are breaching the
duty, and
(b)
the breach is having a detrimental effect on the performance of the
30
health service (or, where the effect of the breach on the performance of
the health service is both beneficial and detrimental, its overall effect is
detrimental).
(5)
The Secretary of State may by order prohibit each body from exercising
specified functions, or from exercising specified functions in a specified
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manner, unless the other body concerned agrees in writing that the body may
do so.
(6)
The power to make an order under subsection (5)—
(a)
may be exercised so as to specify different functions in relation to each
body, but
40
(b)
may not be exercised so as to prevent a body from complying with a
requirement imposed by or under an enactment or by a court or
tribunal.
(7)
In default of agreement as to the exercise of a function specified in an order
under subsection (5), a body may exercise the function in accordance with
45
provision determined by arbitration.