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Health and Social Care Bill


Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 6 — Miscellaneous and General

37

 

(c)   

that the information disclosed had previously been lawfully disclosed

to the public;

(d)   

that the disclosure was made under or pursuant to regulations under

section 113 or 114 of the Health and Social Care (Community Health

and Standards) Act 2003 (c. 43) (complaints about health care or social

5

services);

(e)   

that the disclosure was made in accordance with any enactment or

court order;

(f)   

that the disclosure was necessary or expedient for the purposes of

protecting the welfare of any individual;

10

(g)   

that the disclosure was made to any person or body in circumstances

where it was necessary or expedient for the person or body to have the

information for the purpose of exercising functions of that person or

body under any enactment.

(3)   

It is also a defence for a person charged with an offence under section 76 to

15

prove that the disclosure was made—

(a)   

for the purpose of facilitating the exercise of any of the Commission’s

functions,

(b)   

in connection with the investigation of a criminal offence (whether or

not in the United Kingdom), or

20

(c)   

for the purpose of criminal proceedings (whether or not in the United

Kingdom).

(4)   

If a person charged with an offence under section 76 relies on a defence in

subsection (1) or (3), and evidence is adduced which is sufficient to raise an

issue with respect to that defence, the court must assume that the defence is

25

satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(5)   

For the purposes of subsection (2)(a), information disclosed by a person is to be

treated as being in a form in which an individual is identified if the individual

can be identified from a combination of—

(a)   

the information, and

30

(b)   

other information disclosed by the person or by the Commission.

78      

Use of information etc.

Information obtained by, or documents or records produced to, the

Commission in connection with any of its functions may be used by the

Commission in connection with any of its other functions.

35

79      

Permitted disclosures

(1)   

Subsections (2) and (3) apply to any information obtained by the Commission

in the course of exercising any of its functions.

(2)   

In the case of information relating to an individual, the Commission may

disclose the information if—

40

(a)   

the disclosure is made in a form in which the individual is not

identified, or

(b)   

the disclosure is made with the consent of the individual.

(3)   

In all cases (whether or not relating to an individual), the Commission may

disclose the information if—

45

 
 

Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 6 — Miscellaneous and General

38

 

(a)   

the information has previously been lawfully disclosed to the public,

(b)   

the disclosure is made under or pursuant to regulations under section

113 or 114 of the Health and Social Care (Community Health and

Standards) Act 2003 (c. 43) (complaints about health care or social

services),

5

(c)   

the disclosure is made in accordance with any enactment or court

order,

(d)   

the disclosure is necessary or expedient for the purposes of protecting

the welfare of any individual,

(e)   

the disclosure is made to any person or body in circumstances where it

10

is necessary or expedient for the person or body to have the information

for the purpose of exercising functions of that person or body under

any enactment,

(f)   

the disclosure is made for the purpose of facilitating the exercise of any

of the Commission’s functions,

15

(g)   

the disclosure is made in connection with the investigation of a criminal

offence (whether or not in the United Kingdom), or

(h)   

the disclosure is made for the purpose of criminal proceedings

(whether or not in the United Kingdom).

(4)   

Subsections (2) and (3) have effect notwithstanding any rule of common law

20

which would otherwise prohibit or restrict the disclosure.

(5)   

For the purposes of subsection (2)(a), information disclosed by the

Commission is to be treated as being in a form in which an individual is

identified if the individual can be identified from a combination of—

(a)   

the information, and

25

(b)   

other information disclosed by the Commission.

80      

Code of practice on confidential personal information

(1)   

The Commission must prepare and publish a code in respect of the practice it

proposes to follow in relation to confidential personal information.

(2)   

The code must in particular make provision—

30

(a)   

about the obtaining by the Commission of information which, once

obtained, will be confidential personal information, and

(b)   

about the handling, use and disclosure by the Commission of

confidential personal information.

(3)   

Before publishing the code, the Commission must consult—

35

(a)   

the National Information Governance Board for Health and Social

Care, and

(b)   

such other persons as it considers appropriate.

(4)   

The Commission must keep the code under review and, if it considers it

appropriate, from time to time publish a revised code (and references in this

40

section to the code include any revised code).

(5)   

In this section “confidential personal information” means information which—

(a)   

is obtained by the Commission on terms or in circumstances requiring

it to be held in confidence, and

(b)   

relates to and identifies an individual.

45

 
 

Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 6 — Miscellaneous and General

39

 

(6)   

For the purposes of subsection (5)(b), information obtained by the Commission

is to be treated as identifying an individual if the individual can be identified

from a combination of—

(a)   

the information, and

(b)   

other information obtained by the Commission.

5

Further provisions about functions of Commission

81      

Publication of programme of reviews etc.

(1)   

The Commission must from time to time prepare and publish a document

setting out—

(a)   

the special reviews and investigations that it proposes to conduct under

10

section 48,

(b)   

the studies that it proposes to undertake under section 54, and

(c)   

the reviews that it proposes to conduct under section 57.

(2)   

Before preparing a document under subsection (1) the Commission must

consult—

15

(a)   

the Secretary of State, and

(b)   

any other person or body specified by an order made by the Secretary

of State,

   

and it must send each of those persons or bodies a copy of the document once

it is prepared.

20

(3)   

The Commission may determine that any document or combination of

documents prepared for the purposes of any other enactment or enactments is

to be treated as a document prepared for the purposes of subsection (1) (so long

as the requirements of subsection (2) are complied with in relation to the

document or documents concerned).

25

(4)   

Nothing in a document published under subsection (1) is to be regarded—

(a)   

as affecting any power of the Secretary of State to require a review or

investigation to be conducted or a study to be undertaken, or

(b)   

as preventing the Commission from conducting an investigation under

section 48 where the Commission considers there to be a risk to the

30

health, safety or welfare of persons receiving health or social care.

82      

Failure by the Commission in discharge of its functions

(1)   

The Secretary of State may give a direction to the Commission if the Secretary

of State considers that the Commission—

(a)   

is failing or has failed to discharge any of its functions, or

35

(b)   

is failing or has failed properly to discharge any of its functions.

(2)   

A direction under subsection (1) may direct the Commission to discharge such

of those functions, and in such manner and within such period or periods, as

may be specified in the direction.

(3)   

If the Commission fails to comply with a direction under subsection (1), the

40

Secretary of State may—

(a)   

discharge the functions to which the direction relates, or

(b)   

make arrangements for any other person to discharge them on the

Secretary of State’s behalf.

 
 

Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 6 — Miscellaneous and General

40

 

83      

Reports for each financial year etc.

(1)   

As soon as possible after the end of each financial year, the Commission must

make a report on each of the following matters—

(a)   

the way in which it has exercised its functions during the year,

(b)   

the provision of NHS care during the year,

5

(c)   

the provision of adult social services during the year,

(d)   

the carrying on of regulated activities during the year, and

(e)   

the steps taken by it during the year to implement the proposals in its

statement under section 5 (statement on user involvement).

(2)   

The Commission may comply with subsection (1) by preparing a single

10

document or separate documents on each of the matters mentioned there.

(3)   

If the Secretary of State so directs, a report under subsection (1) must include

separate reports on such aspects of the matters mentioned in that subsection as

may be specified in the direction.

(4)   

The Commission must—

15

(a)   

lay before Parliament a copy of each report made under subsection (1),

and

(b)   

send a copy of each such report to the Secretary of State.

(5)   

The Commission must also provide the Secretary of State with such reports

and information relating to the exercise of its functions as the Secretary of State

20

may from time to time request.

(6)   

Subsection (1)(a) does not apply to the Commission’s functions under the

Mental Health Act 1983 (c. 20).

(7)   

In this section, “financial year” means—

(a)   

the period beginning with the date on which the Commission is

25

established and ending with the next 31 March following that date, and

(b)   

each successive period of 12 months ending with 31 March.

84      

Reports and information

(1)   

Subsections (2) and (3) apply to a report published by the Commission under

any provision of this Part or of the Mental Health Act 1983.

30

(2)   

The Commission must make copies of the report available for inspection at its

offices by any person at any reasonable time.

(3)   

Any person who requests a copy of the report is entitled to have one on

payment of such reasonable fee (if any) as the Commission considers

appropriate.

35

(4)   

The Commission may charge a person such reasonable fee as it considers

appropriate where it provides the person, on request, with any other

information relevant to the exercise of the Commission’s functions under this

Part.

 
 

 
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