Health and Social Care Act 2012

[F1 277A Provision of adult social care information to Secretary of State E+W

(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”—

  (a)

  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, but

  (b)

  does 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)

  a county council in England;

  (b)

  a district council for an area in England for which there is no county council;

  (c)

  a London borough council;

  (d)

  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.]

Textual Amendments

F1 Pt. 9 Ch. 3 inserted (31.7.2022 but only for the insertion of ss. 277A (for specified purposes), 277B, 277C, 1.10.2022 but only for the insertion of s. 277A(6)) by Health and Care Act 2022 (c. 31), ss. 99, 186(6); S.I. 2022/734, reg. 3 (with regs. 13, 29, 30); S.I. 2022/1003, reg. 2(b)