OpenLegislation

Article 3 “Health record” and related expressions

Northern Ireland

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

(1)

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

F2(a)

in the case of a record made by a health professional performing primary medical services under a general medical services contract made with F3the Department , the person or body who entered into the contract with F4the Department (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 Article 15B of the Health and Personal Social Services (Northern Ireland) Order 1972 with the Department , the person or body which made the arrangements with the Department (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 F5health care by a health service body (and not falling within sub-paragraph (aa)), 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 Order “patient”, in relation to a health record, means the individual in connection with whose care the record has been made.

Annotations

Textual amendments

F1

with saving 1998 c. 29

F2

2004 NI 2

F3

Words in art. 3(2) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 153(3)(a); S.R. 2022/102, art. 2(b)

F4

Words in art. 3(2) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 153(3)(b); S.R. 2022/102, art. 2(b)

F5

Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(b) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2