Health Bill [H.L.]

Health Bill [H.L.] - continued	House of Lords
SCHEDULE 12A, EXPENDITURE OF HEALTH AUTHORITIES AND PRIMARY CARE TRUSTS - continued
Quality etc - continued

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Obtaining information etc.

18. - (1) The Secretary of State may by regulations make provision-

(a) conferring a right on persons authorised by the Commission to enter NHS premises at such times, in such cases, for such purposes and on such conditions as may be prescribed in order-

(i) to inspect those premises, or

(ii) to inspect and take copies of prescribed documents held by prescribed persons on those premises,

(b) requiring prescribed persons at such times, at such places, in such cases and for such purposes as may be prescribed to produce prescribed documents or information, or make reports, to the Commission or to persons authorised by the Commission,

(c) requiring prescribed persons at such times, at such places, in such cases and for such purposes as may be prescribed to provide to the Commission, or to persons authorised by the Commission, an explanation of-

(i) any matters relating to the exercise of any functions of the Commission, or

(ii) any documents or information inspected, copied or produced as mentioned in paragraph (a) or (b).

(2) Regulations under this section may not make provision as to the inspection, copying or production of a confidential document, or confidential information, which relates to or identifies a living individual unless one or more of the following conditions is satisfied-

(a) the document or information is made available or produced in a form in which the identity of the individual cannot be ascertained,

(b) the individual consents to the document or information being made available or produced,

(d) in a case where the Commission is exercising its functions under section 17(1)(c)-

(i) it is not practicable to make available or produce the document or information in a form in which the identity of the individual cannot be ascertained,

(ii) the Commission considers that there is a serious risk to the health or safety of patients arising out of the matters which are the subject of the exercise of those functions, and

(iii) having regard to that risk and the urgency of the exercise of those functions, the Commission considers that the document or information should be made available or produced without the consent of the individual.

(3) Regulations under this section may not make provision as to the inspection, copying or production of a document or information the disclosure of which is prohibited by or under any other enactment; but where a document or information is held in a form in which the prohibition operates by reason of the fact that the document or information is capable of identifying an individual, regulations under this section may make provision as to the inspection, copying or production of the document or information in a form in which the identity of the individual cannot be ascertained.

(4) Any person who without reasonable excuse-

(a) obstructs a person authorised by the Commission in the exercise of any right conferred by virtue of subsection (1)(a), or

(b) fails to comply with any requirement imposed by virtue of subsection (1)(b) or (c),

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) In this section any reference to documents includes a reference to information held by means of a computer or in any other electronic form; and in the case of information so held, regulations under this section may make provision for it to be made available or produced in a visible and legible form.

(6) In this section-

"confidential document" means a document which contains confidential information,

"confidential information" means information which is held subject to a duty of confidence, and includes information contained in a health record,

"health record" has the meaning given by section 68(2) of the Data Protection Act 1998,

"NHS premises" means premises owned or controlled by a Health Authority, Special Health Authority, Primary Care Trust or NHS trust,

"prescribed" means prescribed by regulations made by the Secretary of State.

Restrictions on disclosure of information.

19. - (1) Confidential information which-

(a) has been obtained by virtue of regulations under section 18, and

(b) relates to or identifies an individual,

must not be disclosed during the lifetime of that individual unless the disclosure is made with lawful authority.

(2) A person who knowingly or recklessly contravenes this section is guilty of an offence and liable-

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or to both, or

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(3) It is not an offence under this section-

(a) to disclose information in a form which does not enable information relating to any particular individual to be ascertained from it, or

(b) to disclose information which has previously been disclosed to the public with lawful authority.

(4) It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence-

(a) he believed that he was making the disclosure in question with lawful authority and had no reasonable cause to believe otherwise, or

(b) he believed that the information in question had previously been disclosed to the public with lawful authority and had no reasonable cause to believe otherwise.

(5) For the purposes of this section a disclosure of information is to be regarded as made with lawful authority if, and only if, it is made-

(a) with the consent of the individual to whom the information relates or any person authorised to act on his behalf,

(b) for the purpose of facilitating the exercise of any functions of the Commission,

(d) in accordance with any enactment or order of a court,

(e) in connection with the investigation of any criminal offence triable in the United Kingdom or in any part of the United Kingdom,

(f) for the purposes of criminal proceedings in any part of the United Kingdom,

(g) in relation to the assesment of the performance of any health professional in his capacity as such, or

(h) in a case where-

(i) the information relates to a person who is likely to constitute a threat to the health or safety of individuals, and

(ii) the person to whom it is disclosed is a person to whom the Commission considers that the information should be disclosed in the interests of the health and safety of individuals.

(6) In this section-

"confidential information" has the same meaning as in section 18,

"health professional" has meaning given by section 69(1) of the Data Protection Act 1998.

Abolition of Clinical Standards Advisory Group.

20. The Clinical Standards Advisory Group is to cease to exist.

Independent hospitals.

21. - (1) The Secretary of State may by regulations-

(a) extend the duty in section 15, or

(b) extend the functions of the Commission for Health Improvement, or any of them,

to any independent hospital.

(2) In this section "independent hospital" means premises-

(a) within the meaning of "hospital" given by section 128(1) of the 1977 Act;

(b) which are not a health service hospital within the meaning of the 1977 Act nor any other premises maintained or controlled by a government department or local authority or any other authority or body instituted by special Act of Parliament or incorporated by Royal Charter; and

but excludes-

(i) any premises used, or intended to be used solely or predominantly, for the reception of and the provision of nursing for persons suffering from any sickness, injury or infirmity;

(ii) any sanatorium provided at a school or educational establishment and used, or intended to be used, solely by persons in attendance at, or members of the staff of, that school or establishment or members of their families;

(iii) any first aid or treatment room provided at factory premises, at premises to which the Offices, Shops and Railways Premises Act 1963 applies or at a sports ground, showground or place of public entertainment;

(iv) any premises used, or intended to be used, wholly or mainly-

(a) by a medical practitioner for the purpose of consultations with his patients;

(b) by a dental practitioner or chiropodist for the purpose of treating his patients, or

unless they are used or intended to be used for the provision of treatment by specially controlled techniques as defined in section 21 of the Registered Homes Act 1984 and any regulations made thereunder;

(v) any premises used, or intended to be used, wholly or mainly as a private dwelling; or

(vi) any other premises excepted from the definition of a "nursing home" for the purposes of section 21 of the Registered Homes Act 1984 by regulations made thereunder by the Secretary of State.

Partnership

Co-operation between NHS bodies.

22. It is the duty of Health Authorities, Special Health Authorities, Primary Care Trusts and NHS trusts to co-operate with each other in exercising their functions.

Co-operation between NHS bodies and local authorities.

23. - (1) Section 22 of the 1977 Act (co-operation between health authorities and local authorities) is amended as follows.

(2) For subsection (1) (co-operation between Health Authorities and Special Health Authorities on the one hand and local authorities on the other) there is substituted-

	"(1) In exercising their respective functions NHS bodies (on the one hand) and local authorities (on the other) shall co-operate with one another in order to secure and advance the health and welfare of the people of England and Wales.
	(1A) In this section "NHS body" means-
	(a) a Health Authority;
	(b) a Special Health Authority;
	(c) a Primary Care Trust; or
	(d) an NHS trust."

Prepared 22 March 1999