Health and Social Care Act 2012

• “the NHS payment scheme” means the document published under section 114A(1);

• “relevant provider” has the meaning given by section 114C(8).

Scrutiny functions of local authorities

Payments in respect of costs of sight tests

Lists of performers of pharmaceutical services and assistants etc.

Power to advise regulatory bodies, investigate complaints, etc.

Information standards: compliance

Commencement: consultation with Scottish Ministers

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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.

CHAPTER 3 — Information about adult social care

Provision of adult social care information to Secretary of State

277A

• (1) The Secretary of State may require a relevant provider of adult social care services to provide the Secretary of State with information that relates to—

• (a) the person on whom the requirement is imposed,

• (b) their activities in connection with the provision of adult social care in England, or

• (c) any person to whom they have provided —

• (i) adult social care in England, or

• (ii) adult social care, outside England, in pursuance of arrangements made by an English local authority.

• (2) The Secretary of State may impose a requirement under subsection (1) only if the information is sought for purposes connected with the health care system, or adult social care system, in England.

• (3) A requirement under subsection (1) may specify—

• (a) the form and manner in which information is to be provided, and

• (b) when information is to be provided.

• (4) A requirement under subsection (1) must be in writing.

• (5) The provision of information under this section—

• (a) does not breach any obligation of confidence owed by the person providing it, but

• (b) is subject to any express restriction on disclosure imposed by any enactment (other than a restriction which allows disclosure if authorised by an enactment).

• (6) For enforcement of requirements under subsection (1), see section 277E.

• (7) In this section—

• “adult social care”—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, butdoes 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;

• “English local authority” means—a county council in England;a district council for an area in England for which there is no county council;a London borough council;the Common Council of the City of London (in its capacity as a local authority);

• “relevant provider of adult social care services” means a person who is required to be registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the carrying on of a regulated activity (within the meaning of Part 1 of that Act) involving or connected with the provision of adult social care.

Restrictions on onward disclosure of information

277B

• (1) Information provided under section 277A may not be disclosed by the Secretary of State except for purposes connected with the health care system, or adult social care system, in England.

• (2) Commercially sensitive information provided under section 277A may not be disclosed by the Secretary of State (even for the purposes mentioned in subsection (1)) unless the Secretary of State considers that the disclosure is appropriate, having taken into account the public interest as well as the interests of the person to whom the commercially sensitive information relates.

• (3) Subsections (1) and (2) do not restrict the disclosure of information where—

• (a) the person to whom the information relates has consented to the disclosure,

• (b) the information has previously been lawfully disclosed to the public,

• (c) the disclosure is in accordance with any court order,

• (d) the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,

• (e) the disclosure is made to any person in circumstances where it is necessary or expedient for the person to have the information for the purpose of exercising functions of that person conferred under or by virtue of any provision of this or any other Act,

• (f) the disclosure is in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or

• (g) the disclosure is for the purpose of criminal proceedings (whether or not in the United Kingdom).

• (4) In this section “commercially sensitive information” means commercial information whose disclosure the Secretary of State thinks might significantly harm the legitimate business interests of the person to whom it relates.

Directions to certain bodies to exercise functions under this Chapter

277C

• (1) The Secretary of State may direct NHS England to exercise the functions of the Secretary of State under section 277A (and where a direction is given, section 277B applies accordingly).

• (2) The Secretary of State may direct a Special Health Authority performing functions only or mainly in respect of England to exercise the functions of the Secretary of State under section 277A (and where a direction is given, section 277B applies accordingly).

• (3) The Secretary of State may give directions to a Special Health Authority about the exercise of any functions that it is directed to exercise under subsection (2) (including directions as to the processing of information that the Authority obtains in exercising those functions).

• (4) For power to give directions to NHS England as to the exercise of functions, see section 13ZC of the National Health Service Act 2006.

Arrangements with third parties

277D

• (1) The Secretary of State may make arrangements for any person prescribed by regulations under this subsection to exercise the functions of the Secretary of State under section 277A (and where arrangements are made, section 277B applies accordingly).

• (2) Arrangements under subsection (1) may—

• (a) provide for the Secretary of State to make payments to the person;

• (b) make provision as to the circumstances in which any such payments are to be repaid to the Secretary of State.

• (3) Section 304(9) (differential provision) applies in relation to the power to make arrangements under subsection (1) as it applies to a power of the Secretary of State to give directions under this Act.

CHAPTER 4 — Enforcement

Enforcement of provisions under this Part

277E

• (1) Regulations may make provision conferring on the Secretary of State the power to impose a financial penalty on a person, other than a public body, who without reasonable excuse—

• (a) fails to comply with an information standard (unless the requirement for the person to comply has been waived by virtue of regulations under section 250(6B));

• (b) fails to comply with a requirement to provide information imposed under section 251ZA(1), 251D(1)(b), 259(1)(a) or (aa) or 277A(1);

• (c) provides information in response to such a requirement that is false or misleading to a material extent.

• (2) The amount of the financial penalty is to be specified in, or determined in accordance with, the regulations.

• (3) The regulations must include provision—

• (a) requiring the Secretary of State, before imposing a financial penalty on a person, to give the person written notice (a “notice of intent”) of the proposed financial penalty;

• (b) ensuring that the person is given an opportunity to make representations about the proposed financial penalty;

• (c) requiring the Secretary of State, after the period for making representations, to decide whether to impose the financial penalty;

• (d) requiring the Secretary of State, if the Secretary of State decides to impose the financial penalty, to give the person notice in writing (a “final notice”) imposing the penalty;

• (e) enabling a person on whom a financial penalty is imposed to appeal to the First-tier Tribunal in accordance with the regulations;

• (f) as to the powers of the Tribunal on such an appeal.

• (4) The provision that may be made by the regulations includes provision—

• (a) enabling a notice of intent or final notice to be withdrawn or amended;

• (b) requiring the Secretary of State to withdraw a final notice in circumstances specified in the regulations;

• (c) for a financial penalty to be increased by an amount specified in or determined in accordance with the regulations in the event of late payment;

• (d) for the recovery of financial penalties in the county court.

• (5) In this section “public body” has the meaning given by section 250(7).

277F

The Secretary of State may—

• (a) direct a Special Health Authority performing functions only or mainly in respect of England to exercise the functions of the Secretary of State under regulations made under section 277E;

• (b) give the Special Health Authority directions about the exercise of those functions (including directions as to the processing of information that the body obtains in exercising those functions).

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87A

• (1) An NHS trust established under section 25 of the National Health Service Act 2006 is to be treated, on its establishment, as—

• (a) having made an application for a licence under section 85, and

• (b) having met the criteria for holding a licence for the time being published under section 86.

• (2) An NHS trust established under section 25 of the National Health Service Act 2006 before the day on which section 51(1) of the Health and Care Act 2022 comes into force is to be treated, for the purposes of subsection (1), as having been established on that day.

Directors

Arrangements between NHS England and Northern Ireland Ministers

296A

• (1) NHS England may make arrangements with a devolved authority for NHS England—

• (a) to exercise on behalf of the devolved authority any function of that authority that corresponds to a function of NHS England that is conferred by or under Chapter 1 of Part 3 of the Care Act 2014;

• (b) to provide services or facilities in so far as the devolved authority requires them in connection with the exercise of such a function.

• (2) Arrangements under this section may be on such terms and conditions as may be agreed between the parties to the arrangements.

• (3) Those terms and conditions may include provision with respect to the making of payments to NHS England in respect of the cost to it of giving effect to the arrangements.

• (4) In this section—

• “devolved authority” means—the Scottish Ministers,the Welsh Ministers, anda Northern Ireland Minister.

• “Northern Ireland Minister” includes the First Minister, the deputy First Minister and a Northern Ireland department.

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Local authority arrangements

Disclosure of reports etc. by the Health Service Commissioner

Compliance with standards

251ZB

• (1) If the Secretary of State has reasonable grounds to suspect that a relevant IT provider is not complying with an information standard which applies to the provider, the Secretary of State may give the provider a written notice which—

• (a) identifies the standard in question,

• (b) sets out the Secretary of State’s grounds for suspecting that the provider is not complying with the standard,

• (c) asks the provider to comply with the standard within a period specified in the notice,

• (d) asks the provider, within a period specified in the notice, to provide evidence to the Secretary of State’s satisfaction that the provider is complying with the standard, and

• (e) if the Secretary of State considers it appropriate, sets out the steps that the Secretary of State considers the provider must take, within a period specified in the notice, in order to comply with the standard.

• (2) A period specified for the purposes of subsection (1)(c), (d) or (e) must be a period of at least 28 days beginning with the day on which the notice is given.

• (3) The Secretary of State may, by giving the relevant IT provider a further written notice, vary or revoke a notice given under subsection (1).

251ZC

• (1) If the Secretary of State has reasonable grounds to suspect that a relevant IT provider is not complying with an information standard which applies to the provider, the Secretary of State may publish a statement to that effect.

• (2) The statement may include the text of a notice given to the provider under section 251ZB.

• (3) Before publishing a statement under this section, the Secretary of State must give the relevant IT provider—

• (a) a copy of the terms of the proposed statement, and

• (b) an opportunity to make representations about the decision to publish a statement and the terms of the statement.

• (4) If, after considering any representations, the Secretary of State decides to publish the statement, the Secretary of State must inform the relevant IT provider before publishing it.

• (5) This section does not authorise the processing of information if the processing would contravene the data protection legislation (but in determining whether it would do so, take into account the power conferred by this section).

• (6) In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

251ZD

• (1) The Secretary of State may—

• (a) direct a public body to exercise some or all of the functions listed in subsection (3), and

• (b) give the public body directions about the exercise of those functions, including directions about the processing of information that the body obtains in exercising those functions.

• (2) The Secretary of State may make arrangements for a person prescribed by regulations under this subsection to exercise some or all of the functions listed in subsection (3).

• (3) Those functions are—

• (a) the Secretary of State’s functions under section 251ZA, so far as they relate to relevant IT providers, and

• (b) the Secretary of State’s functions under section 251ZB.

• (4) Arrangements under subsection (2) may—

• (a) provide for the Secretary of State to make payments to the person, and

• (b) make provision as to the circumstances in which such payments are to be repaid to the Secretary of State.

• (5) Section 304(9) applies in relation to the power to make arrangements under subsection (2) as it applies to a power of the Secretary of State to give directions under this Act.

Accreditation

251ZE

• (1) Regulations may make provision for the establishment and operation of a scheme for the accreditation of information technology and IT services so far as used, or intended to be used, in connection with the provision in, or in relation to, England of health care or of adult social care.

• (2) The regulations may provide for the scheme to be established and operated by a person specified in the regulations (“the operator”).

• (3) The regulations may, among other things, confer power on the operator—

• (a) to establish the procedure for accreditation under the scheme,

• (b) to set the criteria for accreditation under the scheme (“the accreditation criteria”),

• (c) to keep an accreditation under the scheme under review, and

• (d) to charge a reasonable fee in respect of an application for accreditation.

• (4) The regulations may, among other things, make provision requiring the operator—

• (a) to set some or all of the accreditation criteria by reference to information standards,

• (b) to publish details of the scheme, including the accreditation criteria,

• (c) to provide for the review of a decision to refuse an application for accreditation, and

• (d) to provide advice to applicants for accreditation with a view to ensuring that the accreditation criteria are met.

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251ZA

• (1) The Secretary of State may require a person to provide the Secretary of State with documents, records or other information for the purposes of monitoring the person’s compliance with information standards published under section 250.

• (2) A requirement under subsection (1) may specify—

• (a) the form and manner in which information is to be provided, and

• (b) when information is to be provided.

• (3) A requirement under subsection (1) must be in writing.

• (4) For enforcement of requirements under subsection (1) against persons other than public bodies, see section 277E.

Financial provision

Commencement: consultation with Scottish Ministers

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