Health and Social Care Bill

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
5
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—
25
(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
35
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.
15
(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
35
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
40
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
25
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—
30
(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
35
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,
15
(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
30
(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
35
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
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(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.
20
(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
25
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

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Part 9 — Health and adult social care services: information
Chapter 2 — The Health and Social Care Information Centre
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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
20
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
25
(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).
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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
25
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,