Session 2010 - 11
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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

220

 

248     

Information standards: supplementary

(1)   

Before publishing an information standard, the Secretary of State or the Board

must consult such persons as the Secretary of State or (as the case may be) the

Board considers appropriate.

(2)   

For the purposes of section 247 the Secretary of State or the Board may adopt

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an information standard prepared or published by another person.

Chapter 2

The Health and Social Care Information Centre

Establishment and general duties

249     

The Health and Social Care Information Centre

10

(1)   

There is to be a body corporate known as the Health and Social Care

Information Centre (referred to in this Chapter as “the Information Centre”).

(2)   

Schedule 19 (which makes further provision about the Information Centre) has

effect.

250     

General duties

15

(1)   

In exercising its functions the Information Centre must have regard to—

(a)   

the information standards published by the Secretary of State or the

Board under section 247,

(b)   

such guidance issued by the Secretary of State as the Secretary of State

may require,

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(c)   

such guidance issued by the Board as the Board may require, and

(d)   

the need to promote the effective, efficient and economic use of

resources in the provision of health services and of adult social care in

England.

(2)   

The Information Centre must—

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(a)   

seek to minimise the burdens it imposes on others, and

(b)   

exercise its functions effectively, efficiently and economically.

(3)   

In this Chapter—

“adult social care”—

(a)   

includes all forms of personal care and other practical assistance

30

provided for individuals who by reason of age, illness,

disability, pregnancy, childbirth, dependence on alcohol or

drugs, or any other similar circumstances, are in need of such

care or other assistance, but

(b)   

does not include anything provided by an establishment or

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agency for which Her Majesty’s Chief Inspector of Education,

Children’s Services and Skills is the registration authority

under section 5 of the Care Standards Act 2000;

“health services” means services which must or may be provided as

part of the health service in England.

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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

221

 

Functions: information systems

251     

Powers to direct Information Centre to establish information systems

(1)   

The Secretary of State or the Board may direct 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 direction.

5

(2)   

A direction may be given under subsection (1) by the Secretary of State only

if—

(a)   

it is in respect of information which the Secretary of State considers it is

necessary or expedient for the Secretary of State to have in relation to

the exercise by the Secretary of State of the Secretary of State’s functions

10

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

care in England, or

(b)   

the Secretary of State otherwise considers it to be in the interests of the

health service in England or of the recipients or providers of adult

social care in England for the direction to be given.

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(3)   

A direction may be given under subsection (1) by the Board only if it is in

respect of information which the Board considers it is necessary or expedient

for the Board to have in relation to its exercise of functions in connection with

the provision of NHS services.

(4)   

In subsection (3) “NHS services” means services the provision of which is

20

arranged by the Board or a commissioning consortium under the National

Health Service Act 2006 (including pursuant to arrangements made under

section 7A or 12 of that Act).

(5)   

Before giving a direction under subsection (1) the Secretary of State or (as the

case may be) the Board must consult the Information Centre.

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(6)   

A function conferred by a direction given by the Secretary of State or the Board

under subsection (1) is subject to directions given by the Secretary of State or

(as the case may be) the Board about the Information Centre’s exercise of the

function.

(7)   

A direction under subsection (1) may require the Information Centre to

30

disseminate information (other than by publishing it) only if the Centre is

authorised to do so by section 256 or authorised or required to do so by or

under any other provision of this or any other Act.

252     

Powers to request Information Centre to establish information systems

(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

publication or other dissemination of information of a description specified in

the request.

(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

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

the provision of health care or adult social care.

(3)   

A request under subsection (1) may request the Information Centre to

disseminate information (other than by publishing it) only if the Centre is

 
 

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

222

 

authorised to do so by section 256 or authorised or required to do so by or

under any other provision of this or any other Act.

(4)   

The Information Centre must comply with a mandatory request unless the

Centre considers that the request relates to information of a description

prescribed in regulations.

5

(5)   

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

subsection (1) which—

(a)   

is made by a relevant body, and

(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

10

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

in England.

(6)   

The Secretary of State or the Board may direct the Information Centre not to

comply with a request specified in the direction which is not a mandatory

request.

15

(7)   

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.

(8)   

Subsection (9) applies where the Information Centre has discretion under this

section as to whether to comply with—

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(a)   

a mandatory request, or

(b)   

other request under subsection (1).

(9)   

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

(a)   

must in particular consider whether doing so would interfere to an

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

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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

by the Centre under section 258.

(10)   

In this section “relevant body” means—

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(a)   

Monitor,

(b)   

the Care Quality Commission,

(c)   

the National Institute for Health and Care Excellence, and

(d)   

such other persons as may be prescribed in regulations.

(11)   

In this Chapter “health care” includes all forms of health care whether relating

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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.

253     

Requests under section 252: supplementary

(1)   

The Information Centre must publish procedures for—

40

(a)   

the making and considering of requests under section 252, and

(b)   

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

a request.

(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

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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

223

 

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

cost of complying with a request made by that person under section 252.

(4)   

Before making a request under section 252 a person must consult the

5

Information Centre.

(5)   

The Information Centre must publish details of—

(a)   

any mandatory request, and

(b)   

any other request under section 252 with which the Centre is obliged,

or decides, to comply.

10

254     

Information systems: supplementary

(1)   

Before establishing an information system pursuant to a direction under

section 251 or a request under section 252 the Information Centre must

consult—

(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,

(c)   

representatives of persons from whom that information will be

collected, and

(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

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

251 or a request under section 252, or information derived from such

information, the Centre may destroy the information.

255     

Powers to require and request provision of information

25

(1)   

The Information Centre may—

(a)   

require any person mentioned in subsection (2) to provide it with any

information which the Centre considers it necessary or expedient for

the Centre to have for the purposes of any function it exercises by virtue

of this Chapter, and

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(b)   

request any other person to provide it with such information.

(2)   

Those persons are—

(a)   

a health or social care body;

(b)   

any person (other than a public body) who provides health services, or

adult social care in England, pursuant to arrangements made with a

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public body exercising functions in connection with the provision of

such services or care.

(3)   

A requirement under subsection (1)(a) must be complied with by providing the

information to the Information Centre in such form and manner, and within

such period, as the Centre may specify.

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(4)   

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

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

that person of doing so.

 
 

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

224

 

(5)   

The Information Centre must publish a procedure for notifying persons of

requirements imposed, and requests made, under subsection (1).

(6)   

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 person mentioned in subsection (2).

5

(7)   

The provision of information under this section—

(a)   

does not breach any obligation of confidence owed by the person

providing it, but

(b)   

is subject to any express restriction on disclosure imposed by or under

another Act (other than any restriction which allows disclosure if

10

authorised by or under an Act).

(8)   

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

adult social care in England.

256     

Publication of information

15

(1)   

The Information Centre must publish all information which it collects

pursuant to a direction under section 251 or a request under section 252 unless

the information falls within subsection (2); and, subject to the following

provisions of this section, if the information falls within that subsection, the

Centre must not publish it.

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(2)   

Information falls within this subsection if—

(a)   

the information is in a form which identifies any relevant person to

whom the information relates or enables the identity of such a relevant

person to be ascertained and the Centre, after taking into account the

public interest as well as the interests of the relevant person, considers

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that it is not appropriate for the information to be published,

(b)   

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

the information relates who is not a relevant person or enables the

identity of such an individual to be ascertained,

(c)   

the Centre considers that—

30

(i)   

the information fails to meet the information standards

published under section 247 (so far as they are applicable), and

(ii)   

it would not be in the public interest to publish the information,

or

(d)   

the information is of a description specified in a direction given to the

35

Centre by the Secretary of State or the Board.

(3)   

A direction under section 251 may provide that the obligation to publish

imposed by subsection (1) applies to information falling within subsection

(2)(a).

(4)   

The Information Centre may disseminate to any such persons and in such

40

manner as it considers appropriate any information which it collects pursuant

to a direction under section 251 or a request under section 252 and which falls

within subsection (5).

(5)   

Information falls within this subsection if—

(a)   

the information is required to be published under this section,

45

(b)   

the information is in a form which identifies any relevant person to

whom the information relates or enables the identity of such a relevant

 
 

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

225

 

person to be ascertained and the Centre, after taking into account the

public interest as well as the interests of the relevant person, considers

that it is appropriate for the information to be disseminated, or

(c)   

the Centre is prohibited from publishing the information only by virtue

of it falling within subsection (2)(c) and the Centre considers it would

5

be in the public interest for the information to be disseminated.

(6)   

In the case of a direction under section 251 or a mandatory request under

section 252 the power in subsection (4) is subject to the requirements of the

direction or mandatory request.

(7)   

Nothing in this section prevents the Information Centre from disseminating

10

information (otherwise than by publishing it) pursuant to the exercise of any

function conferred by or under any other provision of this or any other Act.

(8)   

Where the Information Centre publishes information which it collects

pursuant to a direction under section 251 or a mandatory request under section

252 in accordance with the requirements of the direction or the mandatory

15

request, it may also publish the information in such other form and such other

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

(9)   

Where the Information Centre publishes information which it collects

pursuant to a request under section 252 other than a mandatory request, the

Centre may publish the information in such form and such manner, and at

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such intervals, as it considers appropriate.

(10)   

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

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

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(c)   

the uses to which the Centre considers the information is likely to be

put.

(11)   

In this section “relevant person” means—

(a)   

any person who provides health care or adult social care, or

(b)   

any body corporate not falling within paragraph (a).

30

257     

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.

258     

Advice or guidance

35

(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

40

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.

 
 

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

226

 

(2)   

Those persons are—

(a)   

the Secretary of State,

(b)   

the Board,

(c)   

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

section 252,

5

(d)   

any other health or social care body, and

(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)   

The Secretary of State must, at least once in any review period, exercise the

10

power under subsection (1)(b) by requesting the Information Centre to give the

Secretary of State advice 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)   

For the purposes of subsection (3) a review period is—

15

(a)   

the period of 3 years beginning with the day on which this section

comes into force, and

(b)   

each subsequent period of 3 years.

(5)   

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

20

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

England.

(6)   

A person (other than a public body) who provides health services, or adult

social care in England, pursuant to arrangements made with a public body

exercising functions in connection with the provision of such services or care

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must, in providing those services or that care, have regard to any advice or

guidance given to the person under this section.

Functions: quality of health and social care information

259     

Assessment of quality of information

The Information Centre must from time to time—

30

(a)   

so far as they are applicable, assess the extent to which information it

collects pursuant to a direction under section 251 or a request under 252

meets the information standards published under section 247, and

(b)   

publish a record of the results of the assessment.

260     

Power to establish accreditation scheme

35

(1)   

Regulations may make provision for the establishment and operation of a

scheme for the accreditation of information service providers (“the

accreditation scheme”).

(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

40

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

under the scheme,

 
 

 
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Revised 1 April 2011