Health and Social Care Bill

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
227

(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.
(4)
The regulations may make provision requiring the operator—
5
(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
(c)
to provide advice to applicants for accreditation with a view to
10
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
provision of health services or of adult social care in England.
15
Functions: other
261
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
database of quality indicators in relation to the provision of health services and
20
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,
(b)
the giving of advice and guidance by the Information Centre to such
25
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
(d)
the inclusion in the database of guidance about how providers may
30
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.
262
Power to confer functions in relation to identification of GPs
(1)
Regulations may make provision conferring functions on the Information
35
Centre in connection with the verification of the identity of general medical
practitioners for purposes connected with the health service in England.
(2)
In subsection (1) “general medical practitioners” means persons registered in
the General Practitioner Register kept by the General Medical Council.
263
Additional functions
40
(1)
The Information Centre may do any of the following—
(a)
acquire, produce, manufacture and supply goods,

Health and Social Care Bill
Part 9 — Health and adult social care services: information
Chapter 2 — The Health and Social Care Information Centre
228

(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.
5
(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.
10
(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.
15
264
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
20
agreed, including terms as to the making of payments by or to the Information
Centre.
265
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—
25
(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.
30
(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 arrangements for any other person to discharge them on the
Secretary of State’s behalf.
35
266
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.
40
(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.

Health and Social Care Bill
Part 9 — Health and adult social care services: information
Chapter 2 — The Health and Social Care Information Centre
229

General and supplementary
267
Powers of Secretary of State and Board to give directions
(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
5
Information Centre’s functions as may be specified;
(b)
requiring the Centre or another health or social care body to exercise
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 of the information functions of
10
any health or social care body as may be specified.
(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—
15
(a)
in respect of which the Secretary of State may give a direction under
section 251, or
(b)
which the Secretary of State considers is information in respect of
which a mandatory request may be made under section 252.
(3)
A power conferred on the Board under subsection (1)(a) must provide that a
20
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 in respect of which the Board may give a direction under
section 251.
(4)
A power conferred under subsection (1)(a) must provide that a direction must
25
include provision requiring the body in question to provide the Information
Centre with the information it needs to comply with the duty under section 257
(duty to publish information register).
(5)
In this section—
“information function” means a function in relation to the collection,
30
analysis, publication or other dissemination of information;
“specified” means specified in a direction given under regulations made
under subsection (1).
268
Interpretation of this Chapter
In this Chapter—
35
“adult social care” has the meaning given by section 250;
“the Board” means the National Health Service Commissioning Board;
“devolved authority” means—
(a)
the Scottish Ministers;
(b)
the Welsh Ministers; and
40
(c)
the Department of Health, Social Services and Public Safety in
Northern Ireland;
“health care” has the meaning given by section 252;
“health or social care body” has the meaning given by section 255;

Health and Social Care Bill
Part 10 — Abolition of certain public bodies etc
230

“the health service” has the same meaning as in the National Health
Service Act 2006 (see section 275(1) of that Act);
“health services” has the meaning given by section 250;
“mandatory request” has the meaning given by section 252;
“public body” means a body or other person whose functions—
5
(a)
are of a public nature, or
(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.
269
Dissolution of predecessor body
10
The Special Health Authority known as the Health and Social Care Information
Centre is abolished.
270
Consequential provision
Schedule 20 (which contains consequential provision) has effect.
Part 10
15
Abolition of certain public bodies etc
271
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 21 (which contains consequential amendments and savings)
20
has effect.
272
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 21 (which contains consequential amendments and savings)
25
has effect.
273
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
30
established the Board).
(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—
35

Health and Social Care Bill
Part 10 — Abolition of certain public bodies etc
231

(a)
to monitor the practice followed by registered persons in
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.
5
(2)
The Commission must, in exercising those functions, seek to improve
the practice followed by registered persons in relation to the processing
of relevant information.
(3)
In this section “relevant information” means—
(a)
patient information,
10
(b)
any other information obtained or generated in the course of the
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
15
functions, and
(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.
20
(4)
In subsection (3) “patient information” means—
(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,
25
directly or indirectly, from that information,

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
30
meaning as they have from time to time in regulations under
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
35
as a manager or service provider in respect of a regulated
activity.”
(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—
40
“(a)
the National Health Service Commissioning Board,”.
(5)
In section 252 of the National Health Service Act 2006 (consultation before
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—
45
(a)
for the title to that section substitute “Consultation with the Care
Quality Commission”, and
(b)
in section 271(3)(g) of that Act—
(i)
for “sections” substitute “section”, and

Health and Social Care Bill
Part 11 — Miscellaneous
232

(ii)
omit “and 252 (consultation with National Information
Governance Board)”.
(6)
The Care Quality Commission must exercise its power under paragraph 6(3) of
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
5
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
processing of relevant information within the meaning of section 20A of the
Health and Social Care Act 2008.
10
(8)
Part 3 of Schedule 21 (which contains consequential amendments and savings)
has effect.
274
The National Patient Safety Agency
(1)
The National Patient Safety Agency is abolished.
(2)
The National Patient Safety Agency (Establishment and Constitution) Order
15
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).
275
The NHS Institute for Innovation and Improvement
(1)
The NHS Institute for Innovation and Improvement is abolished.
20
(2)
The NHS Institute for Innovation and Improvement (Establishment and
Constitution) Order 2005 (S.I. 2005/1446) is revoked.
276
Standing advisory committees
(1)
Omit section 250 of, and Schedule 19 to, the National Health Service Act 2006
(Secretary of State’s standing advisory committees).
25
(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
the continuing effect of the National Health Service (Standing Advisory
Committees) Order 1981 (S.I. 1981/597) (establishment of the Joint Committee
30
on Vaccination and Immunisation) made under that section.
Part 11
Miscellaneous
Information relating to births and deaths etc.
277
Special notices of births and deaths
35
(1)
Section 269 of the National Health Service Act 2006 (special notices of births
and deaths) is amended as follows.

Health and Social Care Bill
Part 11 — Miscellaneous
233

(2)
For subsection (2) substitute—
“(2)
Each registrar of births and deaths must furnish to such relevant body
or bodies as may be determined in accordance with regulations the
particulars of such births or deaths entered in a register of births or
deaths kept for the registrar’s sub-district as may be prescribed.”
5
(3)
In subsection (4) for “the Primary Care Trust for the area in which the birth
takes place” substitute “such relevant body or bodies as may be determined in
accordance with regulations”.
(4)
In subsection (6)—
(a)
after “under subsection (4)” insert “to a relevant body”, and
10
(b)
for “the Primary Care Trust” (in each place where it occurs) substitute
“the body”.
(5)
In subsection (7)—
(a)
for “A Primary Care Trust” substitute “A relevant body to whom notice
is required to be given under subsection (4)”, and
15
(b)
for “any medical practitioner or midwife residing or practising within
its area” substitute “such descriptions of medical practitioners or
midwives as may be prescribed”.
(6)
In subsection (9) for “the Primary Care Trust concerned” substitute “the
relevant body or bodies to whom the failure relates”.
20
(7)
In subsection (10), in paragraph (a) for “a Primary Care Trust” substitute “a
relevant body”.
(8)
After subsection (10) insert—
“(11)
For the purposes of this section, the following are relevant bodies—
(a)
the National Health Service Commissioning Board,
25
(b)
commissioning consortia,
(c)
local authorities.
(12)
Information received by a local authority by virtue of this section may
be used by it only for the purposes of functions exercisable by it in
relation to the health service.
30
(13)
In this section, “local authority” has the same meaning as in section 2B.”
(9)
Until the commencement of section 29, section 269(11) of the National Health
Service Act 2006 has effect as if Primary Care Trusts were included in the list
of bodies that are relevant bodies for the purposes of that section.
278
Provision of information by Registrar General
35
(1)
Section 270 of the National Health Service Act 2006 (provision of information
by Registrar General) is amended as follows.
(2)
In subsection (1) —
(a)
for “the Secretary of State” substitute “any of the following persons”,
and
40
(b)
at the end insert “—
(a)
the Secretary of State,
(b)
the Board,