SCHEDULE Consequential Amendments
PART 1Amendments to Primary Legislation
Public Bodies (Admission to Meetings) Act 19601
In the Schedule to the Public Bodies (Admission to Meetings) Act 19606, in paragraph 1, omit sub-paragraph (o).
Parliamentary Commissioner Act 19672
In Schedule 2 to the Parliamentary Commissioner Act 19677, omit “Health and Social Care Information Centre.”.
Superannuation Act 19723
In Schedule 1 to the Superannuation Act 19728, omit “Health and Social Care Information Centre.”.
House of Commons Disqualification Act 19754
In Schedule 1 to the House of Commons Disqualification Act 19759, in Part 2, omit “The Health and Social Care Information Centre.”.
National Health Service (Scotland) Act 19785
1
The National Health Service (Scotland) Act 197810 is amended as follows.
2
In section 17A—
a
in subsection (1)(b), for “(s)” substitute “(r)”
;
b
in subsection (2)—
i
at the end of paragraph (q) insert “and”
;
ii
omit paragraph (s) and the “and” before it;
c
in subsection (11) for “, (r) or (s)” substitute “or (r)”
.
Access to Health Records Act 19906
In section 11 of the Access to Health Records Act 199011, in the definition of “health service body”, for paragraph (f) substitute—
f
NHS England;
Value Added Tax Act 19947
In section 41 of the Value Added Tax Act 199412, in subsection (7), omit paragraph (g).
Employment Rights Act 19968
1
The Employment Rights Act 199613 is amended as follows.
2
In section 49B, in subsection (7), omit paragraph (i).
3
In section 50, in subsection (8), omit paragraph (ad).
4
In section 218, in subsection (10), omit paragraph (cd).
Freedom of Information Act 20009
In Schedule 1 to the Freedom of Information Act 200014, in Part 6, omit “The Health and Social Care Information Centre.”.
National Health Service Act 200610
1
The National Health Service Act 200615 is amended as follows.
2
In section 9, in subsection (4), omit paragraph (kb).
3
In section 13U—
a
omit the “and” at the end of subsection (2)(b);
b
at the end of subsection (2)(c) insert—
, and
d
how effectively it discharged its relevant data functions (as defined by section 253(3) of the Health and Social Care Act 2012).
4
In section 71, in subsection (2), omit paragraph (db).
5
In section 72, omit subsection (3).
6
In section 247C, in subsection (2), omit paragraph (e).
7
In section 253—
a
in subsection (1A), omit paragraph (c);
b
in subsection (2), for “within subsection (1A)(a) to (c)” substitute “within any paragraph of subsection (1A) other than paragraph (d)”
.
8
In section 264B—
a
in subsection (1), omit paragraph (c);
b
in subsection (3)(a), for “(1)(a) to (c)” substitute “(1)(a) or (b)”
.
9
In section 270, in subsection (1), omit paragraph (f).
10
In section 271, after subsection (3) insert—
4
Subsection (1) does not apply in relation to the exercise of functions by a Minister of the Crown in relation to NHS England so far as concerns its relevant data functions (as defined by section 253(3) of the Health and Social Care Act 2012).
11
In Schedule A1, in paragraph 9A(4)(b), omit sub-paragraph (vi).
12
In Schedule 1B, in Part 2, in paragraph 19(4)(b), omit sub-paragraph (vi).
National Health Service (Wales) Act 200611
In section 7 of the National Health Service (Wales) Act 200616, in subsection (4), omit paragraph (kb).
Statistics and Registration Service Act 200712
In section 42 of the Statistics and Registration Service Act 200717, in subsection (4A), omit paragraph (i).
Health and Social Care Act 200813
In section 64 of the Health and Social Care Act 200818, in subsection (2), omit paragraph (f) and the “or” before it.
Health Act 200914
In section 2 of the Health Act 200919, in subsection (2), omit paragraph (db).
Corporation Tax Act 201015
In section 986 of the Corporation Tax Act 201020, in the table, omit the entry for the Health and Social Care Information Centre.
Equality Act 201016
In Schedule 19 to the Equality Act 201021, in Part 1, omit “The Health and Social Care Information Centre.”.
Health and Social Care Act 201217
1
The 2012 Act22 is amended as follows.
2
In Part 9, for the heading to Chapter 2 substitute “NHS ENGLAND: HEALTH AND SOCIAL CARE INFORMATION ETC.”
.
3
In the italic cross-heading above section 252, omit “Establishment and”.
4
Omit section 252.
5
In section 253—
a
for the heading substitute “NHS England data functions: general”
;
b
in subsection (1)—
i
for the words before paragraph (a) substitute “NHS England must have regard to the following when exercising its relevant data functions other than those under the Medicines and Medical Devices Act 2021—”
;
ii
omit paragraph (c);
c
for subsection (2) substitute—
2
NHS England must seek to minimise the burdens it imposes on others when exercising its relevant data functions other than those under the Medicines and Medical Devices Act 2021.
d
omit subsection (2A);
e
in subsection (3), at the appropriate place insert—
“relevant data functions”, in relation to NHS England, means functions conferred on NHS England by or under—
- a
this Chapter and Chapter 3;
- b
regulations 15 and 16 of the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013;
- c
section 2 of the Access to Medical Treatments (Innovation) Act 2016;
- d
sections 7A and 19 of the Medicines and Medical Devices Act 2021.
6
In section 254—
a
in the heading, for “Information Centre” substitute “NHS England”
;
b
in subsection (1)—
i
omit “or NHS England”;
ii
for “the Information Centre” substitute “NHS England”
;
c
omit subsection (3);
d
in subsection (5)—
i
omit “or (as the case may be) NHS England”;
ii
for “the Information Centre” substitute “NHS England”
;
e
omit subsections (6) and (7).
7
In section 255—
a
in the heading, for “Information Centre” substitute “NHS England”
;
b
in subsection (1), for “the Information Centre” substitute “NHS England”
;
c
in subsection (3) for “The Information Centre” or “the Centre” substitute “NHS England”
;
d
omit subsections (5) and (6);
e
in subsection (7), for “the Information Centre” substitute “NHS England”
;
f
in subsection (8), for “the Information Centre” or “the Centre”, wherever occurring, substitute “NHS England”
.
8
In section 256, for “the Information Centre”, wherever occurring, substitute “NHS England”
.
9
In section 257, for “The Information Centre”, “the Information Centre”, or “the Centre”, wherever occurring, substitute “NHS England”.
10
In section 258, for “the Information Centre” or “the Centre”, wherever occurring, substitute “NHS England”
.
11
In section 259—
a
in subsection (1)—
i
in the words before paragraph (a), for “The Information Centre” substitute “NHS England”
;
ii
in paragraph (a), for “the Centre”, wherever occurring, substitute “NHS England”
;
iii
in paragraphs (aa) and (b) (as substituted by section 98 of the Health and Care Act 2022), for “the Centre”
, wherever occurring, substitute “NHS England”;
b
in subsections (3) to (9), for “The Information Centre”, “the Information Centre” or “the Centre”, wherever occurring, substitute “NHS England”.
12
In section 260—
a
in subsection (1), for “The Information Centre”, or “the Centre” substitute “NHS England”
;
b
in subsection (2)—
i
for “the Centre”, wherever occurring, substitute “NHS England”
;
ii
in paragraph (d), omit “or NHS England”;
c
in subsection (4)—
i
in the words before paragraph (a)—
aa
for “the Information Centre” or “the Centre” substitute “NHS England”
;
bb
omit “a direction under section 254 or”;
ii
in paragraph (a), omit “direction or”;
d
in subsections (5) and (6), for “the Information Centre”, or “the Centre”, wherever occurring, substitute “NHS England”
.
13
In section 261—
a
in subsection (1), for “The Information Centre” substitute “NHS England”
;
b
in subsections (1A) to (3), for “the Information Centre” or “the Centre”, wherever occurring, substitute “NHS England”
;
c
in subsection (4), for “The Information Centre”, or “the Centre” substitute “NHS England”
;
d
in subsection (5), for “The Information Centre” substitute “NHS England”
;
e
in subsection (7), for “the Information Centre” substitute “NHS England”
;
f
for subsection (8) substitute—
8
For the purposes of this section, the provision by NHS England of information which it has obtained by complying with a direction under section 254 to the Secretary of State is to be treated as dissemination by NHS England of that information to the Secretary of State.
9
For the purposes of this section and section 262, the provision by NHS England of information which it has obtained by complying with a request under section 255 to the person who made the request is to be treated as dissemination by NHS England of that information to that person.
14
In section 262—
a
omit subsections (1) to (3);
b
in subsection (4), for “the Information Centre” substitute “NHS England”
;
c
in subsection (5)—
i
omit “direction under section 254 may require, and a”;
ii
for “the Information Centre” substitute “NHS England”
;
iii
omit “direction or”.
d
for subsection (7), substitute—
7
A request made to NHS England in accordance with this section to disseminate information may include a request about the persons to whom the information is to be disseminated and the form, manner and timing of dissemination.
15
In section 262A—
a
omit “under this Act”;
b
for “, the Information Centre” substitute “obtained in connection with the exercise of its relevant data functions, NHS England”
.
16
In section 263—
a
in subsection (1), for “The Information Centre” substitute “NHS England”
;
b
in subsection (3)—
i
for “the Information Centre” substitute “NHS England”
;
ii
at the end of paragraph (a) insert “and”
;
iii
omit paragraph (b) (together with the final “and”);
iv
in paragraph (c), for “the Centre” substitute “NHS England”
;
c
for subsection (4) substitute—
4
NHS England must not publish the code without the approval of the Secretary of State.
d
in subsection (5), for “The Information Centre” substitute “NHS England”
;
e
omit subsection (8).
17
In section 264, for “The Information Centre” substitute “NHS England”
.
18
In section 265—
a
in subsection (1)—
i
in the words before paragraph (a), for “The Information Centre” substitute “NHS England”
;
ii
in paragraph (b)—
aa
in the words before sub-paragraph (i), omit “or NHS England”;
bb
in sub-paragraph (i), omit “or (as the case may be) NHS England”;
b
in subsection (2), omit paragraph (b);
c
in subsection (3), for “the Information Centre” substitute “NHS England”
.
19
In section 266, in the words before paragraph (a), for “The Information Centre” substitute “NHS England”
.
20
In section 267, in subsection (2), for “the Information Centre” substitute “NHS England”
.
21
In section 268, for “the Information Centre”, wherever occurring, substitute “NHS England”
.
22
In section 269, in subsection (1), for “the Information Centre” substitute “NHS England”
.
23
In section 270—
a
for “The Information Centre”, “the Information Centre” or “the Centre”, wherever occurring, substitute “NHS England”;
b
after subsection (3) insert—
4
Nothing in this section is to be read as limiting any power that NHS England has apart from this section to do the things listed in subsection (1).
24
Omit sections 271 to 273.
25
In section 274—
a
for subsection (1) substitute—
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.
b
after subsection (1) insert—
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.
c
in subsection (2)—
i
omit “or NHS England”;
ii
omit “or (as the case may be) NHS England”;
d
after subsection (2) insert—
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.
e
in subsection (3), for “the Information Centre” substitute “NHS England”
;
f
omit subsection (4);
g
in subsection (5)—
i
after “(1)(a)” insert “or (1A)”
;
ii
for “the Information Centre” substitute “NHS England”
;
h
in subsection (6), for “the Information Centre” substitute “NHS England”
;
i
omit subsection (7);
j
in subsection (8), omit “or (as the case may be) NHS England”;
k
in subsection (9)—
i
in the definition of “specified”, for “subsection (1)” substitute “subsection (1) or (1A)”
;
ii
for the definition of “systems delivery function” substitute—
systems 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.
26
After section 274 insert—
Secretary of State’s guidance about NHS England data functions274A
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.
27
In section 275, at the appropriate place insert—
“relevant data functions” has the meaning given by section 253(3);
28
In section 277C—
a
in subsection (1), for “the Health and Social Care Information Centre” substitute “NHS England”
;
b
for subsection (3) substitute—
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).
c
after subsection (3) insert—
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.
29
In section 290, in subsection (3), omit paragraph (c).
30
In section 304, in subsection (12) —
a
in paragraph (a)(v), for “Information Centre” substitute “NHS England”
;
b
omit paragraph (a)(vi);
c
in paragraph (a)(vii), for “Information Centre” substitute “NHS England”
;
d
omit paragraph (a)(viii).
31
Omit Schedule 18.
Care Act 201418
1
The Care Act 201423 is amended as follows.
2
In section 111, in subsection (1), for paragraph (c) substitute—
c
NHS England, but only insofar as its functions relating to health or social care research are relevant data functions (as defined by section 253(3) of the Health and Social Care Act 2012);
3
In Schedule 7, in paragraph 8(1)(c)—
a
for “the Health and Social Care Information Centre” substitute “NHS England”
;
b
in paragraph (i)—
i
for “the Centre” substitute “NHS England”
;
ii
at the end insert “, so far as those functions relate to information obtained by NHS England in connection with the exercise of its relevant data functions (as defined by section 253(3) of the Health and Social Care Act 2012)”
;
c
in paragraph (ii), for “the Centre of information” substitute “NHS England of such information”
.
Access to Medical Treatments (Innovation) Act 201619
In section 2 of the Access to Medical Treatments (Innovation) Act 201624—
a
in subsection (1), for “the Health and Social Care Information Centre (“the HSCIC”)” substitute “NHS England”
;
b
in subsections (3), (4) and (6), for “the HSCIC”, wherever occurring, substitute “NHS England”
.
Data Protection Act 201820
In section 204 of the Data Protection Act 201825, in subsection (4), for paragraph (g) substitute—
g
NHS England;
Medicines and Medical Devices Act 202121
1
The Medicines and Medical Devices Act 202126 is amended as follows.
2
In section 7A—
a
in subsection (1), for “the Health and Social Care Information Centre (“the Information Centre”)” substitute “NHS England”
;
b
in subsections (2) to (4), (6) and (8) to (11), for “the Information Centre”, wherever occurring, substitute “NHS England”
.
3
In section 19—
a
in subsection (1), for “the Health and Social Care Information Centre (“the Information Centre”)” substitute “NHS England”
;
b
in subsections (2), (3) and (6), for “the Information Centre”, wherever occurring, substitute “NHS England”
.
4
In section 43, in subsection (3), for “(constitution and functions etc of the Health and Social Care Information Centre)” substitute “(NHS England: health and social care information etc.)”
.
Health and Care Act 202222
In Schedule 15 to the Health and Care Act 2022, in paragraph 8, omit sub-paragraph (5)(b).
PART 2Amendments to Secondary Legislation
Health and Personal Social Services (Northern Ireland) Order 199123
In article 8 of the Health and Personal Social Services (Northern Ireland) Order 199127, in paragraph (2), omit sub-paragraph (ib).
Child Support (Maintenance Arrangements and Jurisdiction) Regulations 199224
In regulation 7A of the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 199228, in paragraph (2), omit sub-paragraph (ae).
Child Support (Maintenance Arrangements and Jurisdiction) Regulations (Northern Ireland) 199225
In regulation 7A of the Child Support (Maintenance Arrangements and Jurisdiction) Regulations (Northern Ireland) 199229, in paragraph (2), omit sub-paragraph (ed).
Redundancy Payments (National Health Service) (Modification) Order 199326
In Schedule 1 to the Redundancy Payments (National Health Service) (Modification) Order 199330, omit paragraph 2E.
Health and Social Services Trusts (Membership and Procedure) Regulations (Northern Ireland) 199427
In regulation 1 of the Health and Social Services Trusts (Membership and Procedure) Regulations (Northern Ireland) 199431, in paragraph (2), in the definition of “health service body”, after paragraph (ab) insert—
ac
NHS England;
National Health Service Litigation Authority (Establishment and Constitution) Order 199528
In article 1 of the National Health Service Litigation Authority (Establishment and Constitution) Order 199532, in paragraph (2), in the definition of “NHS Body”, omit “the Health and Social Care Information Centre,”.
Employment Protection (Continuity of Employment of National Health Service Employees) (Modification) Order 199629
In article 1 of the Employment Protection (Continuity of Employment of National Health Service Employees) (Modification) Order 199633, in paragraph (2)(b), omit paragraph (viie).
National Health Service (Liabilities to Third Parties Scheme) Regulations 199930
In regulation 3 of the National Health Service (Liabilities to Third Parties Scheme) Regulations 199934, omit paragraph (ad).
National Health Service (Property Expenses Scheme) Regulations 199931
In regulation 3 of the National Health Service (Property Expenses Scheme) Regulations 199935, omit paragraph (ad).
National Health Service Central Register (Scotland) Regulations 200632
1
The National Health Service Central Register (Scotland) Regulations 200636 are amended as follows.
2
In Schedule 1, in entry 8 in the table, in column 1, for paragraph (a) substitute—
a
NHS England; or
3
In Schedule 2, in entry 3 in the table, in column 2, for “the Health and Social Care Information Centre established under section 252 of the Health and Social Care Act 2012” substitute “NHS England”
.
Regional Agency for Public Health and Social Well-being (Membership) Regulations (Northern Ireland) 200933
In regulation 1 of the Regional Agency for Public Health and Social Well-being (Membership) Regulations (Northern Ireland) 200937, in paragraph (2)—
a
in the definition of “former health service body”, after “Primary Care Trust” insert “, the Health and Social Care Information Centre”
;
b
in the definition of “health service body”, omit paragraph (a)(ivd).
Regional Business Services Organisation (Membership and Procedure) Regulations (Northern Ireland) 200934
In regulation 1 of the Regional Business Services Organisation (Membership and Procedure) Regulations (Northern Ireland) 200938, in paragraph (2)—
a
in the definition of “former health service body”, after “Primary Care Trust” insert “, the Health and Social Care Information Centre”
;
b
in the definition of “health service body”, omit paragraph (a)(ivd).
Patient and Client Council (Membership and Procedure) Regulations (Northern Ireland) 200935
In regulation 1 of the Patient and Client Council (Membership and Procedure) Regulations (Northern Ireland) 200939, in paragraph (2)—
a
in the definition of “former health service body”, after “Primary Care Trust” insert “, the Health and Social Care Information Centre”
;
b
in the definition of “health service body”, omit paragraph (a)(ivd).
Local Commissioning Groups (Membership) Regulations (Northern Ireland) 200936
In regulation 1 of the Local Commissioning Groups (Membership) Regulations (Northern Ireland) 200940, in paragraph (2)—
a
in the definition of “former health service body”, after “Primary Care Trust” insert “, the Health and Social Care Information Centre”
;
b
in the definition of “health service body”, omit paragraph (a)(ivd).
Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009 (English language text)37
1
The English language text of the Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 200941 is amended as follows.
2
In regulation 2—
a
in the definition of “former health service body” (“cyn gorff gwasanaeth iechyd”), for “or Primary Care Trust”, substitute “, Primary Care Trust or the Health and Social Care Information Centre”
;
b
in the definition of “health service body” (“corff gwasanaeth iechyd”), omit “the Health and Social Care Information Centre,”.
Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009 (Welsh language text)38
1
The Welsh language text of the Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 200942 (Rheoliadau Byrddau Iechyd Lleol (Cyfansoddiad, Aelodaeth a Gweithdrefnau) (Cymru) 2009) is amended as follows.
2
In regulation 2—
a
in the definition of “cyn gorff gwasanaeth iechyd” (“former health service body”), for “neu Ymddiriedolaeth Gofal Sylfaenol” substitute “, Ymddiriedolaeth Gofal Sylfaenol neu’r Ganolfan Gwybodaeth Iechyd a Gofal Cymdeithasol”
;
b
in the definition of “corff gwasanaeth iechyd” (“health service body”), omit “y Ganolfan Gwybodaeth Iechyd a Gofal Cymdeithasol,”.
Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009 (English language text)39
1
The English language text of the Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 200943 is amended as follows.
2
In regulation 1, in paragraph (2)—
a
in the definition of “former health service body” (“cyn gorff gwasanaeth iechyd”), for “or Primary Care Trust” substitute “, Primary Care Trust or the Health and Social Care Information Centre”
;
b
in the definition of “health service body” (“corff gwasanaeth iechyd”), omit paragraph (g).
Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009 (Welsh language text)40
1
The Welsh language text of the Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 200944 (Rheoliadau Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Iechyd Cyhoeddus Cymru (Aelodaeth a Gweithdrefn) 2009) is amended as follows.
2
In regulation 1, in paragraph (2)—
a
in the definition of “cyn gorff gwasanaeth iechyd” (“former health service body”), for “neu Ymddiriedolaeth Gofal Sylfaenol” substitute “, Ymddiriedolaeth Gofal Sylfaenol neu’r Ganolfan Gwybodaeth Iechyd a Gofal Cymdeithasol”
;
b
in the definition of “corff gwasanaeth iechyd” (“health service body”), omit paragraph (e).
National Health Service (Quality Accounts) Regulations 201041
1
The National Health Service (Quality Accounts) Regulations 201045 are amended as follows.
2
In regulation 1, in paragraph (2)—
a
omit the definition of “Health and Social Care Information Centre”;
b
at the appropriate place insert—
“NHS England” means the body corporate established under section 1H of the National Health Service Act 2006;
3
In the Schedule, for “the Health and Social Care Information Centre”, wherever occurring, substitute “NHS England”
.
Education (Student Support) Regulations 201142
In regulation 38 of the Education (Student Support) Regulations 201146, in paragraph (7)(e), omit paragraph (ic).
Safeguarding Board for Northern Ireland (Membership, Procedure, Functions and Committee) Regulations (Northern Ireland) 201243
In regulation 2 of the Safeguarding Board for Northern Ireland (Membership, Procedure, Functions and Committee) Regulations (Northern Ireland) 201247—
a
in the definition of “former health service body”, after “Primary Care Trust” insert “, the Health and Social Care Information Centre”
;
b
in the definition of “health service body”, omit paragraph (a)(iid).
Human Medicines Regulations 201244
In regulation 219 of the Human Medicines Regulations 201248, in paragraph (5), in the definition of “electronic prescription service”, for “the Health and Social Care Information Centre” to the end substitute “NHS England, the body corporate established under section 1H of the National Health Service Act 2006.”
.
National Institute for Health and Care Excellence (Constitution and Functions) and the Health and Social Care Information Centre (Functions) Regulations 201345
1
The National Institute for Health and Care Excellence (Constitution and Functions) and the Health and Social Care Information Centre (Functions) Regulations 201349 are amended as set out in paragraphs (2) to (8).
2
In the title, for “the Health and Social Care Information Centre (Functions)” substitute “NHS England (Information Functions)”
.
3
In regulation 1, in paragraph (1), for “the Health and Social Care Information Centre (Functions)” substitute “NHS England (Information Functions)”
.
4
For the heading to Part 3 substitute “NHS England”
.
5
Omit regulations 24 to 30.
6
For regulation 31 substitute—
Identification of GPs31
1
NHS England must, if it considers it appropriate to do so, assign a prescribing number in respect of a general medical practitioner whose name is included in a medical performers list.
2
Before assigning a prescribing number under paragraph (1), NHS England must carry out checks to verify the identity of the practitioner.
3
The checks may include—
a
the full name of the practitioner; and
b
the reference number shown against the name of the general medical practitioner in the General Practitioner Register kept by the General Medical Council.
4
In this regulation—
“medical performers list” means a list of medical practitioners maintained by NHS England in accordance with regulations made under section 91 of the 2006 Act;
“prescribing number” means the individual number issued by NHS England in accordance with this regulation and used in connection with—
- a
prescribing by a general medical practitioner,
- b
the management and monitoring of such prescribing, and
- c
other purposes connected with the health services in England;
7
In regulation 32—
a
in the heading, omit “or Board”;
b
in paragraph (1)—
i
omit “or the Board”;
ii
for “the Information Centre” substitute “NHS England”
;
iii
for “the Centre” substitute “it”
;
iv
omit “or (as the case may be) the Board”;
c
for paragraph (2) substitute—
2
The giving of a direction under paragraph (1) may include provision about payments by the Secretary of State to NHS England for things done in the exercise of the function in respect of which the direction is given.
d
in paragraph (3), omit “or (as the case may be) the Board”.
8
Omit regulation 33.
9
A reference in any legislation to the National Institute for Health and Care Excellence (Constitution and Functions) and the Health and Social Care Information Centre (Functions) Regulations 2013 is to be treated as a reference to the National Institute for Health and Care Excellence (Constitution and Functions) and NHS England (Information Functions) Regulations 2013.
Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 201346
1
The Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 201350 are amended as follows.
2
In regulation 8, omit the definition of “the Information Centre”.
3
In regulations 15 to 17, for “the Information Centre”, wherever occurring (including the headings), substitute “NHS England”
.
National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 201347
1
The National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 201351 are amended as follows.
2
In regulation 2, in paragraph (1)—
a
in the definition of “Electronic Prescription Service”, for “the Information Centre” substitute “NHS England”
;
b
omit the definitions of “Information Centre” and “NHS Digital directory of services”;
c
at the appropriate place insert—
“NHS England directory of services” means the directory of services, maintained by NHS England, which is accessed by NHS urgent and emergency care services if a patient is in need of urgent assistance from a health care professional or urgent access to health care advice;
d
in the definitions of “NHSmail” and “PDS patient details”, for “the Information Centre” substitute “NHS England”
.
3
In Schedule 4—
a
in paragraph 7(5), for “the Information Centre” substitute “NHS England”
;
b
in paragraph 29C(3), for “NHS Digital directory of services” substitute “NHS England directory of services”
.
4
In Schedule 5, in paragraph 6(3)(c), for “the Information Centre” substitute “NHS England”
.
5
In Schedule 6, in paragraph 4(c), for “the Information Centre” substitute “NHS England”
.
6
In Schedule 7, in paragraph 5(5), for “the Information Centre” substitute “NHS England”
.
National Health Service (Clinical Negligence Scheme) Regulations 201548
In regulation 4 of the National Health Service (Clinical Negligence Scheme) Regulations 201552, in paragraph (1), omit sub-paragraph (g).
National Health Service (Charges for Drugs and Appliances) Regulations 201549
1
The National Health Service (Charges for Drugs and Appliances) Regulations 201553 are amended as follows.
2
In regulation 2—
a
in the definitions of “Electronic Prescription Service” and “PDS patient details”, for “the Information Centre” substitute “NHS England”
;
b
omit the definition of “Information Centre”.
3
In regulation 3, in paragraph (5B)(b), for “the Information Centre” substitute “NHS England”
.
4
In regulation 4, in paragraph (3)(b)(ii), for “the Information Centre” substitute “NHS England”
.
Town and Country Planning (General Permitted Development) (England) Order 201550
In Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 201554, in Part 12A, in paragraph A.3(1), in the definition of “health service body”, omit paragraph (f).
False or Misleading Information (Specified Care Providers and Specified Information) Regulations 201551
1
The False or Misleading Information (Specified Care Providers and Specified Information) Regulations 201555 are amended as follows.
2
In regulation 1, in paragraph (2)—
a
omit the definition of “the Information Centre”;
b
at the appropriate place insert—
“NHS England” means the body corporate established under section 1H of the National Health Service Act 2006;
3
In regulation 3, in paragraph (a)—
a
for “the Information Centre” substitute “NHS England”
;
b
for “the Centre’s” substitute “NHS England’s”
.
4
In the Schedule, in paragraphs 2 to 5—
a
for “the Information Centre” substitute “NHS England”
;
b
for “the Centre’s” substitute “NHS England’s”
.
National Health Service (General Medical Services Contracts) Regulations 201552
1
The National Health Service (General Medical Services Contracts) Regulations 201556 are amended as follows.
2
In regulation 3, in paragraph (1), in the definitions of “Electronic Prescription Service” and “nominated dispenser”, for “the Health and Social Care Information Centre” substitute “NHS England”
.
3
In regulation 27A, in paragraph (3)(a), for “the Health and Social Care Information Centre” substitute “NHS England”
.
4
In regulation 58, in paragraph (1), for “the Health and Social Care Information Centre” substitute “NHS England”
.
5
In regulation 74B, in paragraph (3), for “the Health and Social Care Information Centre” or “NHS Digital” substitute “NHS England”
.
6
In regulation 74C, in the words before the Table, for “the Health and Social Care Information Centre” or “NHS Digital” substitute “NHS England”
.
7
In regulation 74D, in paragraph (1), for “the Health and Social Care Information Centre”, wherever occurring, substitute “NHS England”
.
8
In regulation 74E—
a
in the heading, for “NHS Digital” substitute “NHS England”
;
b
for “the Health and Social Care Information Centre” or “the Centre”, wherever occurring, substitute “NHS England”
.
9
In regulation 74F, in paragraph (3), in the opening words, for “NHS Digital” substitute “NHS England”
.
10
In regulation 74H—
a
in paragraph (1), at the end insert “(the functions of the Health and Social Care Information Centre under the Directions were transferred to NHS England by the Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023)”
;
b
in paragraph (3), for “the Health and Social Care Information Centre” or “the Centre” substitute “NHS England”
.
National Health Service (Personal Medical Services Agreements) Regulations 201553
1
The National Health Service (Personal Medical Services Agreements) Regulations 201557 are amended as follows.
2
In regulation 3, in the definitions of “Electronic Prescription Service” and “nominated dispenser”, for “the Health and Social Care Information Centre” substitute “NHS England”
.
3
In regulation 21A, in paragraph (3)(a), for “the Health and Social Care Information Centre” substitute “NHS England”
.
4
In regulation 51, in paragraph (1), in the opening words, for “the Health and Social Care Information Centre” substitute “NHS England”
.
5
In regulation 67B, in paragraph (3), for “the Health and Social Care Information Centre” or “NHS Digital” substitute “NHS England”
.
6
In regulation 67C, in the words before the Table, for “the Health and Social Care Information Centre”, wherever occurring, substitute “NHS England”
.
7
In regulation 67D, in paragraph (1), for “the Health and Social Care Information Centre”, wherever occurring, substitute “NHS England”
.
8
In regulation 67E—
a
in the heading, for “NHS Digital” substitute “NHS England”
;
b
for “the Health and Social Care Information Centre”, “the Health and Social Care Centre” or “the Centre”, wherever occurring, substitute “NHS England”.
9
In regulation 67F, in paragraph (3), in the opening words, for “NHS Digital” substitute “NHS England”
.
10
In regulation 67H—
a
in paragraph (1), at the end insert “(the functions of the Health and Social Care Information Centre under the Directions were transferred to NHS England by the Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023)”
;
b
in paragraph (3), for “the Health and Social Care Information Centre” or “the Health and Social Care Centre” substitute “NHS England”
.
Education (Student Support) (Wales) Regulations 201754
In regulation 23 of the Education (Student Support) (Wales) Regulations 201758, in paragraph (7)(e)(vi), omit “or the Health and Social Care Information Centre established under section 252 of that Act”.
Trade Union (Facility Time Publication Requirements) Regulations 201755
In Schedule 1 to the Trade Union (Facility Time Publication Requirements) Regulations 201759, Part 5, omit paragraph 105.
Equality Act 2010 (Specific Duties and Public Authorities) Regulations 201756
In Schedule 2 to the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 201760, in the list that appears below the heading “Health, social care and social security”, omit “The Health and Social Care Information Centre”.
Education (Student Support) (Wales) Regulations 201857
In regulation 44 of the Education (Student Support) (Wales) Regulations 201861, in paragraph (4), omit sub-paragraph (l).
Health Service Products (Provision and Disclosure of Information) Regulations 201858
1
The Health Service Products (Provision and Disclosure of Information) Regulations 201862 are amended as follows.
2
In regulation 5, for “NHS Digital”, “NHS digital”, “HSCIC” or “the HSCIC”, wherever occurring (including the heading), substitute “NHS England”.
3
In regulation 9, in paragraph (3)(b), for “NHS Digital” substitute “NHS England”
.
4
In regulation 14, in paragraph (3)(b), for “NHS Digital” substitute “NHS England”
.
5
In regulation 23, in paragraph (4)(b), for “NHS Digital” substitute “NHS England”
.
6
In regulation 26, in paragraph (5)(b), for “NHS Digital” substitute “NHS England”
.
7
In Schedule 1, in paragraph 1(1)—
a
at the appropriate places insert—
“NHS England” means the body corporate established under section 1H of the National Health Service Act 2006;
“NHS England online gateway” in relation to information required to be provided to the Secretary of State by, or under, these Regulations, means a service provided on NHS England’s website for the provision of that information;
b
omit the definitions of “HSCIC” and “NHS Digital online gateway”.
National Health Service (Liabilities to Third Parties Scheme) (England) Regulations 201859
In regulation 4 of the National Health Service (Liabilities to Third Parties Scheme) (England) Regulations 201863, in paragraph (1), omit sub-paragraph (f).
National Health Service (Property Expenses Scheme) (England) Regulations 201860
1
The National Health Service (Property Expenses Scheme) (England) Regulations 201864 are amended as follows.
2
In regulation 4, in paragraph (1), omit sub-paragraph (f).
3
After regulation 18 insert—
Provision that is consequential on the transfer of functions from the Health and Social Care Information Centre to NHS England19
An expense of the Health and Social Care Information Centre which—
a
arose before the day on which regulation 1 of the Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 comes into force, and
b
is an expense of the kind which may be claimed by a member under the Scheme,
may be claimed on or after that date by NHS England.
Scottish Parliament (Disqualification) Order 202061
In the Schedule to the Scottish Parliament (Disqualification) Order 202065, Part 1, in the list of entries, omit “Any member of the Health and Social Care Information Centre.”.
National Security and Investment Act 2021 (Notifiable Acquisition) (Specification of Qualifying Entities) Regulations 202162
In Schedule 9 to the National Security and Investment Act 2021 (Notifiable Acquisition) (Specification of Qualifying Entities) Regulations 202166, in paragraph 2, in the Table, for “Health and Social Care Information Centre” substitute “NHS England”
.
National Health Service (Joint Working and Delegation Arrangements) (England) Regulations 202263
In regulation 2 of the National Health Service (Joint Working and Delegation Arrangements) (England) Regulations 202267—
a
omit the “and” at the end of paragraph (a);
b
after paragraph (b) insert—
; and
c
the definition of “relevant data functions” in section 253(3) (general duties) of the Health and Social Care Act 2012.
Gender Recognition (Disclosure of Information) (England) Order 202264
In the Schedule to the Gender Recognition (Disclosure of Information) (England) Order 202268, for “the Health and Social Care Information Centre”, wherever occurring, substitute “NHS England”
.