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Section 265 Advice or guidanceC1I1

(1)

F1NHS England—

(a)

may give advice or guidance to any person mentioned in subsection (2) on any matter relating to the collection, analysis, publication or other dissemination of information, and

(b)

must, if requested to do so by the Secretary of State F2..., give advice or guidance on any such matter as may be specified in the request to—

(i)

the Secretary of State F3...;

(ii)

such other persons as may be specified in the request.

(2)

Those persons are—

(a)

the Secretary of State,

F4(b)

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

(c)

any person who makes, or is proposing to make, a request under section 255,

(d)

any health or social care body, and

(e)

any person (including a devolved authority) who collects, or is proposing to collect, information which relates to the provision of health care or adult social care.

(3)

The Secretary of State must, at least once in any review period, exercise the power under subsection (1)(b) by requesting F5NHS England to give the Secretary of State advice about ways in which the burdens relating to the collection of information imposed on health or social care bodies and other persons may be minimised.

(4)

For the purposes of subsection (3) a review period is—

(a)

the period of 3 years beginning with the day on which this section comes into force, and

(b)

each subsequent period of 3 years.

(5)

A health or social care body to whom advice or guidance is given under this section must have regard to the advice or guidance in exercising functions in connection with the provision of health services or of adult social care in England.

(6)

A person, other than a public body, who provides health services, or adult social care in England, pursuant to arrangements made with a public body exercising functions in connection with the provision of such services or care must, in providing those services or that care, have regard to any advice or guidance given to the person under this section.

Annotations

Textual amendments

F1

Words in s. 265(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(18)(a)(i) (with reg. 3)

F2

Words in s. 265(1)(b) 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(18)(a)(ii)(aa) (with reg. 3)

F3

Words in s. 265(1)(b)(i) 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(18)(a)(ii)(bb) (with reg. 3)

F4

S. 265(2)(b) 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(18)(b) (with reg. 3)

F5

Words in s. 265(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(18)(c) (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. 265 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)