Textual Amendments
F1Pt. 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)
Modifications etc. (not altering text)
C1Pt. 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))
(1)[F2NHS England] must prepare and publish a code in respect of the practice to be followed in relation to the collection, analysis, publication and other dissemination of confidential information concerning, or connected with, the provision of health services or of adult social care in England.
(2)For the purposes of this section “confidential information” is—
(a)information which is in a form which identifies any individual to whom the information relates or enables the identity of such an individual to be ascertained, or
(b)any other information in respect of which the person who holds it owes an obligation of confidence.
(3)Before publishing the code, [F3NHS England] must consult—
(a)the Secretary of State, [F4and]
F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)such other persons as [F6NHS England] considers appropriate.
[F7(4)NHS England must not publish the code without the approval of the Secretary of State.]
(5)[F8NHS England] must keep the code under review and may revise it as it considers appropriate (and a reference in this section to the code includes a reference to any revised code).
(6)A health or social care body must have regard to the code in exercising functions in connection with the provision of health services or of adult social care in England.
(7)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 the code.
F9(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Words in s. 263(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(16)(a) (with reg. 3)
F3Words in s. 263(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(16)(b)(i) (with reg. 3)
F4Word in s. 263(3)(a) inserted (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(16)(b)(ii) (with reg. 3)
F5S. 263(3)(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(16)(b)(iii) (with reg. 3)
F6Words in s. 263(3)(c) 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(16)(b)(iv) (with reg. 3)
F7S. 263(4) 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(16)(c) (with reg. 3)
F8Words in s. 263(5) 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(16)(d) (with reg. 3)
F9S. 263(8) 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(16)(e) (with reg. 3)
Commencement Information
I1S. 263 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)