Health and Social Care Act 2012

274Powers of Secretary of State or [F1NHS England] to give directionsE+W

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[F2(1)Regulations may make provision conferring powers on the Secretary of State to give directions—

(a)requiring a health or social care body to exercise such of NHS England’s relevant data functions as may be specified;

(b)requiring NHS England or another health or social care body to exercise such information functions of the Secretary of State as may be specified;

(c)requiring NHS England to exercise such of the information functions of any health or social care body as may be specified;

(d)requiring NHS England to exercise such systems delivery functions of the Secretary of State as may be specified.]

[F3(1A)Regulations may make provision conferring powers on NHS England to give directions requiring a health or social care body to exercise such information functions of NHS England as may be specified.]

(2)A function required to be exercised by a direction given by the Secretary of State F4... by virtue of subsection (1) is subject to directions given by the Secretary of State F5... about the exercise of the function.

[F6(2A)A function required to be exercised by a direction given by NHS England by virtue of subsection (1A) is subject to directions given by NHS England about the exercise of the function.]

(3)A power conferred on the Secretary of State under subsection (1)(a) must provide that a direction may be given in respect of a function of [F7NHS England] only if the function relates to information which is of a description prescribed in the regulations and—

(a)in respect of which the Secretary of State may give a direction under section 254, or

(b)which the Secretary of State considers is information in respect of which a mandatory request may be made under section 255.

F8(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)A power conferred under subsection (1)(a) [F9or (1A)] must provide that a direction must include provision requiring the body in question to provide [F10NHS England] with the information it needs to comply with the duty under section 264 (duty to publish information register).

(6)A power conferred on the Secretary of State under subsection (1)(d) must provide that a direction may include provision about payments by the Secretary of State to [F11NHS England] for things done in the exercise of the function in respect of which the direction is given.

F12(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)A power conferred under subsection (1)(d) must provide that the giving of a direction does not prevent the Secretary of State F13... from exercising the function in respect of which the direction is given.

(9)In this section—

“information function” means a function in relation to the collection, analysis, publication or other dissemination of information;
[F14“NHS services” means services the provision of which is arranged by NHS England or an integrated care board (including services the provision of which is arranged by it in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006);]
“specified” means specified in a direction given under regulations made under [F15subsection (1) or (1A)];
[F16systems delivery function” means a function which is exercisable in relation to the development or operation of information or communications systems in connection with the provision of health services or of adult social care in England.]