OpenLegislation

Section 1 “Health record” and related expressions.E1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In this Act “health record” means a record which—

(a)

consists of information relating to the physical or mental health of an individual who can be identified from that information, or from that and other information in the possession of the holder of the record; and

(b)

has been made by or on behalf of a health professional in connection with the care of that individual;

F1. . ..

(2)

In this Act “holder”, in relation to a health record, means—

C1(F2a)

in the case of a record made by a health professional performing primary medical services under a general medical services contract made with F3F4NHS England or a Local Health Board, the person or body who entered into the contract with F5NHS England the F6... Board (or, in a case where more than one person so entered into the contract, any such person);

(aa)

in the case of a record made by a health professional performing such services in accordance with arrangements under F7section 92 or 107 of the National Health Service Act 2006, or section 50 or 64 of the National Health Service (Wales) Act 2006, with F8F9NHS England or a Local Health Board, the person or body which made the arrangements with F10NHS England the F11... Board (or, in a case where more than one person so made the arrangements, any such person);

(b)

in the case of a record made by a health professional for purposes connected with the provision of health services by a health service body F12(and not falling within paragraph (aa) above) , the health service body by which or on whose behalf the record is held;

(c)

in any other case, the health professional by whom or on whose behalf the record is held.

(3)

In this Act “patient”, in relation to a health record, means the individual in connection with whose care the record has been made.

Annotations

Textual amendments

F1

Words in s. 1(1) repealed (1.3.2000) by 1998 c. 29, s. 74(2), Sch. 16 Pt. I; S.I 2000/183, art. 2(1)

F2

S. 1(2)(a)(aa) substituted for s. 1(2)(a) (E.W.) (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 184, 199(1)(4), Sch. 11 para. 57(2); S.I. 2004/288, art. 5(1)(2)(v) (as amended by S.I. 2004/866, art. 2); S.I. 2004/480, art. 4(2)(z) (as amended by S.I. 2004/1019, art. 2 and S.I. 2006/345, art. 8)

F3

Words in s. 1(2)(a) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 63(a)(i); S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. para. 15)

F4

Words in s. 1(2)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 3(a)(i); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F5

Words in s. 1(2)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 3(a)(ii); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F6

Words in s. 1(2)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 63(a)(ii); S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. para. 15)

F7

Words in s. 1(2)(aa) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 135 (with Sch. 3 Pt. 1)

F8

Words in s. 1(2)(aa) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 63(b)(i); S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. para. 15)

F9

Words in s. 1(2)(aa) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 3(b)(i); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F10

Words in s. 1(2)(aa) inserted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 3(b)(ii); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F11

Words in s. 1(2)(aa) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 63(b)(ii); S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. para. 15)

F12

Words in s. 1(2)(b) inserted (E.W.) (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 184, 199(1)(4), Sch. 11 para. 57(3); S.I. 2004/288, art. 5(1)(2)(v) (as amended by S.I. 2004/866, art. 2); S.I. 2004/480, art. 4(2)(z) (as amended by S.I. 2004/1019, art. 2 and S.I. 2006/345, art. 8)

Modifications

C1

S. 1(2)(a) modified (E.) (1.4.2004) by The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004 (S.I. 2004/865), art. 109(2)(c) and (W.) (1.4.2004) by The General Medical Services Transitional and Consequential Provisions (Wales) (No. 2) Order 2004 (S.I. 2004/1016), art. 85(2)(c)

Extent

E1

This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.