|
| |
|
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. |
| |
| |
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 |
| |
| |
| 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 |
| |
| |
(b) | such guidance issued by the Secretary of State as the Secretary of State |
| |
| 20 |
(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 |
| |
| |
(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. |
| |
| |
| |
(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. |
| 40 |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
| |
(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. |
| 25 |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| 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— |
| 20 |
(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 |
| |
(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 |
| |
(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 |
| |
| |
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 |
| |
| |
(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 |
| 45 |
|
| |
|
| |
|
Information Centre within a reasonable period for the purposes of the |
| |
| |
(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 |
| |
(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, |
| |
| 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 |
| |
| |
(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 |
| |
| |
(d) | such other persons as the Centre considers appropriate. |
| 20 |
(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 |
| |
| 30 |
(b) | request any other person to provide it with such information. |
| |
| |
(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 |
| |
| |
(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. |
| 40 |
(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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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, |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
The Information Centre must maintain and publish a register containing |
| |
descriptions of the information which has been collected by virtue of this |
| |
| |
| 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 |
| |
| |
(i) | the Secretary of State or (as the case may be) the Board; |
| |
(ii) | such other persons as may be specified in the request. |
| |
|
| |
|
| |
|
| |
(a) | the Secretary of State, |
| |
| |
(c) | any person who makes, or is proposing to make, a request under |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
|
| |
|