The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023

These Regulations may be cited as the Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023.

Subject to paragraphs (3) and (4), these Regulations come into force the day after the day on which they are made.

The following come into force at the same time as section 2 of the Access to Medical Treatments (Innovation) Act 2016 (database of innovative treatments)^f1—

The following come into force at the same time as section 98 of the Health and Care Act 2022 (collection of information from private health care providers)—

Except as provided in paragraphs (6) and (7), these Regulations extend to England and Wales, Scotland and Northern Ireland.

The following extend to England and Wales only—

An amendment, repeal or revocation made by these Regulations has the same extent as the provision amended, repealed or revoked.

In these Regulations—

• “the 2012 Act” means the Health and Social Care Act 2012^f2;

• “the Information Centre” means the Health and Social Care Information Centre, the body corporate established under section 252 of the 2012 Act;

• “NHS England” means the body corporate established under section 1H of the National Health Service Act 2006^f3.

The Schedule contains—

The Information Centre is abolished.

Where—

the provision is to be treated, on and after the day on which this regulation comes into force, as if contained in a direction given by the Secretary of State to NHS England by virtue of section 254(1) or 260(2)(d) or (3) of the 2012 Act (as the case may be).

Where—

the provision is to be treated on and after the day on which this regulation comes into force as if contained in a direction given by the Secretary of State to NHS England by virtue of section 13ZC of the National Health Service Act 2006.

NHS England must, as soon as practicable, prepare a report on how the Information Centre has exercised its functions during the period beginning with 1st April 2022 and ending immediately before this regulation comes into force.

NHS England must—

NHS England must, as soon as practicable, prepare accounts for the Information Centre in respect of the period beginning with 1st April 2022 and ending immediately before this regulation comes into force.

NHS England must send copies of the accounts to the Secretary of State and the Comptroller and Auditor General within such period as the Secretary of State may direct.

The Comptroller and Auditor General must—

NHS England may do anything which appears to it to be necessary or appropriate for the winding up of the affairs of the Information Centre.

Any act, omission or other thing (including legal proceedings) done or which, at the coming into force of this regulation, is in the process of being done by or in relation to the Information Centre in respect of, or in connection with, the exercise of its functions, is to be treated as an act, omission or thing done or in the process of being done, and may be continued, by or in relation to NHS England.

Any enactment, instrument or other document passed or made before the coming into force of this regulation has effect, so far as is necessary for the purposes of or in consequence of these Regulations as if references to (and references which are to be read as references to) the Information Centre were or included references to NHS England.

Documents or forms printed for use in connection with a function transferred by these Regulations may be used in connection with that function even though they contain, or are to be read as containing, references to the Information Centre; and for the purposes of the use of any such documents or forms after the coming into force of these Regulations, those references are to be read as references to NHS England.

The National Health Service (Scotland) Act 1978^f1 is amended as follows.

In section 17A—

The Employment Rights Act 1996^f1 is amended as follows.

In section 49B, in subsection (7), omit paragraph (i).

In section 50, in subsection (8), omit paragraph (ad).

In section 218, in subsection (10), omit paragraph (cd).

The National Health Service Act 2006^f1 is amended as follows.

In section 9, in subsection (4), omit paragraph (kb).

In section 13U—

In section 71, in subsection (2), omit paragraph (db).

In section 72, omit subsection (3).

In section 247C, in subsection (2), omit paragraph (e).

In section 253—

In section 264B—

In section 270, in subsection (1), omit paragraph (f).

In section 271, after subsection (3) insert—

“(4)

Subsection (1) does not apply in relation to the exercise of functions by a Minister of the Crown in relation to NHS England so far as concerns its relevant data functions (as defined by section 253(3) of the Health and Social Care Act 2012).”.

In Schedule A1, in paragraph 9A(4)(b), omit sub-paragraph (vi).

In Schedule 1B, in Part 2, in paragraph 19(4)(b), omit sub-paragraph (vi).

The 2012 Act^f1 is amended as follows.

In Part 9, for the heading to Chapter 2 substitute “NHS ENGLAND: HEALTH AND SOCIAL CARE INFORMATION ETC.”.

In the italic cross-heading above section 252, omit “Establishment and”.

Omit section 252.

In section 253—

In section 254—

In section 255—

In section 256, for “the Information Centre”, wherever occurring, substitute “NHS England”.

In section 257, for “The Information Centre”, “the Information Centre”, or “the Centre”, wherever occurring, substitute “NHS England”.

In section 258, for “the Information Centre” or “the Centre”, wherever occurring, substitute “NHS England”.

In section 259—

In section 260—

In section 261—

In section 262—

In section 262A—

In section 263—

In section 264, for “The Information Centre” substitute “NHS England”.

In section 265—

In section 266, in the words before paragraph (a), for “The Information Centre” substitute “NHS England”.

In section 267, in subsection (2), for “the Information Centre” substitute “NHS England”.

In section 268, for “the Information Centre”, wherever occurring, substitute “NHS England”.

In section 269, in subsection (1), for “the Information Centre” substitute “NHS England”.

In section 270—

Omit sections 271 to 273.

In section 274—

After section 274 insert—

“Secretary of State’s guidance about NHS England data functions

274A.

(1)

The Secretary of State must publish guidance for NHS England about the exercise of—

(a)

its relevant data functions, and

(b)

its other functions in connection with its relevant data functions.

(2)

Before publishing guidance under this section the Secretary of State must consult NHS England and any other persons that the Secretary of State considers appropriate in relation to the guidance.

(3)

NHS England must have regard to guidance published under this section.”.

In section 275, at the appropriate place insert—

• ““relevant data functions” has the meaning given by section 253(3);”.

In section 277C—

In section 290, in subsection (3), omit paragraph (c).

In section 304, in subsection (12) —

Omit Schedule 18.

The Care Act 2014^f1 is amended as follows.

In section 111, in subsection (1), for paragraph (c) substitute—

“(c)

NHS England, but only insofar as its functions relating to health or social care research are relevant data functions (as defined by section 253(3) of the Health and Social Care Act 2012);”.

In Schedule 7, in paragraph 8(1)(c)—

in subsection (1), for “the Health and Social Care Information Centre (“the HSCIC”)” substitute “NHS England”;

in subsections (3), (4) and (6), for “the HSCIC”, wherever occurring, substitute “NHS England”.

The Medicines and Medical Devices Act 2021^f1 is amended as follows.

In section 7A—

In section 19—

In section 43, in subsection (3), for “(constitution and functions etc of the Health and Social Care Information Centre)” substitute “(NHS England: health and social care information etc.)”.

The National Health Service Central Register (Scotland) Regulations 2006^f1 are amended as follows.

In Schedule 1, in entry 8 in the table, in column 1, for paragraph (a) substitute—

“(a)

NHS England; or”.

In Schedule 2, in entry 3 in the table, in column 2, for “the Health and Social Care Information Centre established under section 252 of the Health and Social Care Act 2012” substitute “NHS England”.

in the definition of “former health service body”, after “Primary Care Trust” insert “, the Health and Social Care Information Centre”;

in the definition of “health service body”, omit paragraph (a)(ivd).

in the definition of “former health service body”, after “Primary Care Trust” insert “, the Health and Social Care Information Centre”;

in the definition of “health service body”, omit paragraph (a)(ivd).

in the definition of “former health service body”, after “Primary Care Trust” insert “, the Health and Social Care Information Centre”;

in the definition of “health service body”, omit paragraph (a)(ivd).

in the definition of “former health service body”, after “Primary Care Trust” insert “, the Health and Social Care Information Centre”;

in the definition of “health service body”, omit paragraph (a)(ivd).

The English language text of the Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009^f1 is amended as follows.

In regulation 2—

The Welsh language text of the Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009^f1 (Rheoliadau Byrddau Iechyd Lleol (Cyfansoddiad, Aelodaeth a Gweithdrefnau) (Cymru) 2009) is amended as follows.

In regulation 2—

The English language text of the Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009^f1 is amended as follows.

In regulation 1, in paragraph (2)—

The Welsh language text of the Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009^f1 (Rheoliadau Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Iechyd Cyhoeddus Cymru (Aelodaeth a Gweithdrefn) 2009) is amended as follows.

In regulation 1, in paragraph (2)—

The National Health Service (Quality Accounts) Regulations 2010^f1 are amended as follows.

In regulation 1, in paragraph (2)—

In the Schedule, for “the Health and Social Care Information Centre”, wherever occurring, substitute “NHS England”.

in the definition of “former health service body”, after “Primary Care Trust” insert “, the Health and Social Care Information Centre”;

in the definition of “health service body”, omit paragraph (a)(iid).

The National Institute for Health and Care Excellence (Constitution and Functions) and the Health and Social Care Information Centre (Functions) Regulations 2013^f1 are amended as set out in paragraphs (2) to (8).

In the title, for “the Health and Social Care Information Centre (Functions)” substitute “NHS England (Information Functions)”.

In regulation 1, in paragraph (1), for “the Health and Social Care Information Centre (Functions)” substitute “NHS England (Information Functions)”.

For the heading to Part 3 substitute “NHS England”.

Omit regulations 24 to 30.

For regulation 31 substitute—

“Identification of GPs

31.

(1)

NHS England must, if it considers it appropriate to do so, assign a prescribing number in respect of a general medical practitioner whose name is included in a medical performers list.

(2)

Before assigning a prescribing number under paragraph (1), NHS England must carry out checks to verify the identity of the practitioner.

(3)

The checks may include—

(a)

the full name of the practitioner; and

(b)

the reference number shown against the name of the general medical practitioner in the General Practitioner Register kept by the General Medical Council.

(4)

In this regulation—

• “medical performers list” means a list of medical practitioners maintained by NHS England in accordance with regulations made under section 91 of the 2006 Act;

• “prescribing number” means the individual number issued by NHS England in accordance with this regulation and used in connection with—

  1. (a)

     prescribing by a general medical practitioner,

  2. (b)

     the management and monitoring of such prescribing, and

  3. (c)

     other purposes connected with the health services in England;”.

In regulation 32—

Omit regulation 33.

A reference in any legislation to the National Institute for Health and Care Excellence (Constitution and Functions) and the Health and Social Care Information Centre (Functions) Regulations 2013 is to be treated as a reference to the National Institute for Health and Care Excellence (Constitution and Functions) and NHS England (Information Functions) Regulations 2013.

The Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013^f1 are amended as follows.

In regulation 8, omit the definition of “the Information Centre”.

In regulations 15 to 17, for “the Information Centre”, wherever occurring (including the headings), substitute “NHS England”.

The National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013^f1 are amended as follows.

In regulation 2, in paragraph (1)—

In Schedule 4—

In Schedule 5, in paragraph 6(3)(c), for “the Information Centre” substitute “NHS England”.

In Schedule 6, in paragraph 4(c), for “the Information Centre” substitute “NHS England”.

In Schedule 7, in paragraph 5(5), for “the Information Centre” substitute “NHS England”.

The National Health Service (Charges for Drugs and Appliances) Regulations 2015^f1 are amended as follows.

In regulation 2—

In regulation 3, in paragraph (5B)(b), for “the Information Centre” substitute “NHS England”.

In regulation 4, in paragraph (3)(b)(ii), for “the Information Centre” substitute “NHS England”.

The False or Misleading Information (Specified Care Providers and Specified Information) Regulations 2015^f1 are amended as follows.

In regulation 1, in paragraph (2)—

In regulation 3, in paragraph (a)—

In the Schedule, in paragraphs 2 to 5—

The National Health Service (General Medical Services Contracts) Regulations 2015^f1 are amended as follows.

In regulation 3, in paragraph (1), in the definitions of “Electronic Prescription Service” and “nominated dispenser”, for “the Health and Social Care Information Centre” substitute “NHS England”.

In regulation 27A, in paragraph (3)(a), for “the Health and Social Care Information Centre” substitute “NHS England”.

In regulation 58, in paragraph (1), for “the Health and Social Care Information Centre” substitute “NHS England”.

In regulation 74B, in paragraph (3), for “the Health and Social Care Information Centre” or “NHS Digital” substitute “NHS England”.

In regulation 74C, in the words before the Table, for “the Health and Social Care Information Centre” or “NHS Digital” substitute “NHS England”.

In regulation 74D, in paragraph (1), for “the Health and Social Care Information Centre”, wherever occurring, substitute “NHS England”.

In regulation 74E—

In regulation 74F, in paragraph (3), in the opening words, for “NHS Digital” substitute “NHS England”.

In regulation 74H—

The National Health Service (Personal Medical Services Agreements) Regulations 2015^f1 are amended as follows.

In regulation 3, in the definitions of “Electronic Prescription Service” and “nominated dispenser”, for “the Health and Social Care Information Centre” substitute “NHS England”.

In regulation 21A, in paragraph (3)(a), for “the Health and Social Care Information Centre” substitute “NHS England”.

In regulation 51, in paragraph (1), in the opening words, for “the Health and Social Care Information Centre” substitute “NHS England”.

In regulation 67B, in paragraph (3), for “the Health and Social Care Information Centre” or “NHS Digital” substitute “NHS England”.

In regulation 67C, in the words before the Table, for “the Health and Social Care Information Centre”, wherever occurring, substitute “NHS England”.

In regulation 67D, in paragraph (1), for “the Health and Social Care Information Centre”, wherever occurring, substitute “NHS England”.

In regulation 67E—

In regulation 67F, in paragraph (3), in the opening words, for “NHS Digital” substitute “NHS England”.

In regulation 67H—

The Health Service Products (Provision and Disclosure of Information) Regulations 2018^f1 are amended as follows.

In regulation 5, for “NHS Digital”, “NHS digital”, “HSCIC” or “the HSCIC”, wherever occurring (including the heading), substitute “NHS England”.

In regulation 9, in paragraph (3)(b), for “NHS Digital” substitute “NHS England”.

In regulation 14, in paragraph (3)(b), for “NHS Digital” substitute “NHS England”.

In regulation 23, in paragraph (4)(b), for “NHS Digital” substitute “NHS England”.

In regulation 26, in paragraph (5)(b), for “NHS Digital” substitute “NHS England”.

In Schedule 1, in paragraph 1(1)—

The National Health Service (Property Expenses Scheme) (England) Regulations 2018^f1 are amended as follows.

In regulation 4, in paragraph (1), omit sub-paragraph (f).

After regulation 18 insert—

“Provision that is consequential on the transfer of functions from the Health and Social Care Information Centre to NHS England

19.

An expense of the Health and Social Care Information Centre which—

(a)

arose before the day on which regulation 1 of the Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 comes into force, and

(b)

is an expense of the kind which may be claimed by a member under the Scheme,

may be claimed on or after that date by NHS England.”.

omit the “and” at the end of paragraph (a);

after paragraph (b) insert—

“; and

(c)

the definition of “relevant data functions” in section 253(3) (general duties) of the Health and Social Care Act 2012.”.