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Section 253 NHS England data functions: generalF11I1

England and Wales

(1)

F1NHS England must have regard to the following when exercising its relevant data functions other than those under the Medicines and Medical Devices Act 2021—

(a)

the information standards published by the Secretary of State or F2NHS England under section 250,

(b)

such guidance issued by the Secretary of State as the Secretary of State may require,

F3(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(ca)

the need to respect and promote the privacy of recipients of health services and of adult social care in England, F5...

F6(cb)

the need to promote the effective and efficient planning, development and provision of health services and of adult social care in England,

(d)

the need to promote the effective, efficient and economic use of resources in the provision of health services and of adult social care in England F7, and

(e)

the need to balance the needs mentioned in this subsection against one another, so far as they compete.

F8(2)

NHS England must seek to minimise the burdens it imposes on others when exercising its relevant data functions other than those under the Medicines and Medical Devices Act 2021.

F9(2A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

In this Chapter—

  • “adult social care”—

    1. (a)

      includes all forms of personal care and other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance, but

    2. (b)

      does not include anything provided by an establishment or agency for which Her Majesty's Chief Inspector of Education, Children's Services and Skills is the registration authority under section 5 of the Care Standards Act 2000;

  • “health services” means services which must or may be provided as part of the health service in England.

  • F10“relevant data functions”, in relation to NHS England, means functions conferred on NHS England by or under—

    1. (a)

      this Chapter and Chapter 3;

    2. (b)

      regulations 15 and 16 of the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013;

    3. (c)

      section 2 of the Access to Medical Treatments (Innovation) Act 2016;

    4. (d)

      sections 7A and 19 of the Medicines and Medical Devices Act 2021.

Annotations

Textual amendments

F1

Words in s. 253(1) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(5)(b)(i) (with reg. 3)

F2

Words in s. 253 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F3

S. 253(1)(c) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(5)(b)(ii) (with reg. 3)

F4

S. 253(1)(ca) inserted (15.7.2014) by Care Act 2014 (c. 23), ss. 122(2), 127(1); S.I. 2014/1714, art. 3(2)(d)

F5

Word in s. 253(1)(ca) omitted (1.10.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 97(2)(a), 186(6); S.I. 2022/1003, reg. 2(a)

F6

S. 253(1)(cb) inserted (1.10.2022) by Health and Care Act 2022 (c. 31), ss. 97(2)(b), 186(6); S.I. 2022/1003, reg. 2(a)

F7

S. 253(1)(e) and word inserted (1.10.2022) by Health and Care Act 2022 (c. 31), ss. 97(2)(c), 186(6); S.I. 2022/1003, reg. 2(a)

F8

S. 253(2) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(5)(c) (with reg. 3)

F9

S. 253(2A) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(5)(d) (with reg. 3)

F10

Words in s. 253(3) substituted (1.2.2023 for specified purposes) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2)(3), Sch. para. 17(5)(e) (with reg. 3)

F11

S. 253 heading substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(5)(a) (with reg. 3)

Commencement

I1

S. 253 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Notes on Chapter 2

Textual amendments

F1

Pt. 9 Ch. 2 heading substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(2) (with reg. 3)

Modifications

C1

Pt. 9 Ch. 2: power to amend conferred (1.7.2022) by 2021 c. 3, s 43(3) (as inserted by Health and Care Act 2022 (c. 31), ss. 101(5)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30))

Notes on ... General duties

Textual amendments

F1

Words in s. 252 cross-heading omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(3) (with reg. 3)