OpenLegislation

Section 255 Powers to request NHS England to establish information systemsC1I2F8I1

(1)

Any person (including a devolved authority) may request F1NHS England to establish and operate a system for the collection or analysis of information of a description specified in the request.

(2)

A request may be made under subsection (1) by a person only if the person considers that the information which could be obtained by complying with the request is information which it is necessary or expedient for the person to have in relation to the person's exercise of functions, or carrying out of activities, in connection with the provision of health care or adult social care.

(3)

F2NHS England must comply with a mandatory request unless NHS England considers that the request relates to information of a description prescribed in regulations.

(4)

For the purposes of this Chapter a request under subsection (1) is a mandatory request if—

(a)

it is made by a principal body, and

(b)

the body considers that the information which could be obtained by complying with the request is information which it is necessary or expedient for the body to have in relation to its discharge of a duty in connection with the provision of health services or of adult social care in England.

F3(5)

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

F4(6)

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

(7)

Subsection (8) applies where F5NHS England has discretion under this section as to whether to comply with—

(a)

a mandatory request, or

(b)

other request under subsection (1).

(8)

In deciding whether to comply with the request, F6NHS England—

(a)

must, in particular, consider whether doing so would interfere to an unreasonable extent with the exercise by NHS England of any of its functions, and

(b)

may take into account the extent to which the principal body or other person making the request has had regard to—

(i)

the code of practice prepared and published by NHS England under section 263, and

(ii)

advice or guidance given by NHS England under section 265.

(9)

In this section “principal body” means—

F7(a)

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

(b)

the Care Quality Commission,

(c)

the National Institute for Health and Care Excellence, and

(d)

such other persons as may be prescribed in regulations.

(10)

In this Chapter “health care” includes all forms of health care whether relating to physical or mental health and also includes procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition.

Annotations

Textual amendments

F1

Words in s. 255(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(7)(b) (with reg. 3)

F2

Words in s. 255(3) 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(7)(c) (with reg. 3)

F3

S. 255(5) 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(7)(d) (with reg. 3)

F4

S. 255(6) 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(7)(d) (with reg. 3)

F5

Words in s. 255(7) 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(7)(e) (with reg. 3)

F6

Words in s. 255(8) 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(7)(f) (with reg. 3)

F7

S. 255(9)(a) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 95; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F8

Words in s. 255 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(7)(a) (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))

Commencement

I1

S. 255 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)

I2

S. 255 partly in force; s. 255 in force for specified purposes at Royal Assent, see s. 306(1)(d)

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)