Data Protection Act 1998

Changes over time for: Section 69

Version Superseded: 01/03/2007

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Data Protection Act 1998, Section 69 is up to date with all changes known to be in force on or before 17 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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69 Meaning of “health professional”.U.K.

(1)In this Act “health professional” means any of the following—

(a)a registered medical practitioner,

(b)a registered dentist as defined by section 53(1) of the M1Dentists Act 1984,

[F1(c)a registered dispensing optician or a registered optometrist within the meaning of the Opticians Act 1989,]

(d)[F2a registered pharmacist or registered pharmacy technician within the meaning of the Pharmacists and Pharmacy Technicians Order 2007] or a registered person as defined by Article 2(2) of the M2Pharmacy (Northern Ireland) Order 1976,

[F3(e)a registered nurse or midwife]

(f)a registered osteopath as defined by section 41 of the M3Osteopaths Act 1993,

(g)a registered chiropractor as defined by section 43 of the M4Chiropractors Act 1994,

(h)any person who is registered as a member of a profession to which [F4the Health Professions Order 2001] for the time being extends,

(i)a clinical psychologist [F5or child psychotherapist] ,

(j)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k)a scientist employed by such a body as head of a department.

(2)In subsection (1)(a) “registered medical practitioner” includes any person who is provisionally registered under section 15 or 21 of the M5Medical Act 1983 and is engaged in such employment as is mentioned in subsection (3) of that section.

(3)In subsection (1) “health service body” means—

(a)a [F7Strategic Health Authority or a] Health Authority established under section 8 of the M6National Health Service Act 1977,

(b)a Special Health Authority established under section 11 of that Act,

[F8(bb)a Primary Care Trust established under section 16A of that Act,]

[F9(bbb)a Local Health Board established under section 16BA of that Act,]

(c)a Health Board within the meaning of the M7National Health Service (Scotland) Act 1978,

(d)a Special Health Board within the meaning of that Act,

(e)the managers of a State Hospital provided under section 102 of that Act,

(f)a National Health Service trust first established under section 5 of the M8National Health Service and Community Care Act 1990 or section 12A of the National Health Service (Scotland) Act 1978,

[F10(fa)an NHS foundation trust;]

(g)a Health and Social Services Board established under Article 16 of the M9Health and Personal Social Services (Northern Ireland) Order 1972,

(h)a special health and social services agency established under the M10Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990, or

(i)a Health and Social Services trust established under Article 10 of the M11Health and Personal Social Services (Northern Ireland) Order 1991.

Textual Amendments

F1S. 69(1)(c) substituted by The Opticians Act 1989 (Amendment) Order 2005 (S.I. 2005/848), art. 28, Sch. 1 para. 12 (with art. 29, Sch. 2) (the amendment coming into force in accordance with art. 1(2)-(6))

F2Words in s. 69(1)(d) substituted (and coming into force in accordance with art. 1(2)(3)) by The Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289), art. 67, Sch. 1 para. 7

F3S. 69(1)(e) substituted by The Nursing and Midwifery Order 2001 (S.I. 2002/253), art. 54(3), Sch. 5 para. 14 (with art. 3(18)) (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I.)

F4Words in s. 69(1)(h) substituted by The Health Professions Order 2001 (S.I. 2002/254), art. 48(3), Sch. 4 para. 7 (with art. 3(19)) (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I.)

F5Words in s. 69(1)(i) substituted (9.7.2003) by The Health Professions Order 2001 (Consequential Amendments) Order 2003 (S.I. 2003/1590), art. 3, Sch. para. 1(a)

F6S. 69(1)(j) omitted (9.7.2003) by virtue of The Health Professions Order 2001 (Consequential Amendments) Order 2003 (S.I. 2003/1590), art. 3, Sch. para. 1(b)

F7Words in s. 69(3)(a) inserted (1.10.2002) by The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (S.I. 2002/2469), reg. 4, Sch. 1 para. 24

F8S. 69(3)(bb) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 33

F9S. 69(3)(bbb) inserted (10.10.2002 for W. and otherwise prosp.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 6(2), 42(3), Sch. 5 para. 41; S.I. 2002/2532, art. 2, Sch.

F10S. 69(3)(fa) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199, Sch. 4 para. 107; S.I. 2004/759, art. 2