Office of Public Sector Information
(1) The Secretary of State must arrange, to such extent as he considers necessary to meet all reasonable requirements, for the provision of independent advocacy services.
(2) “Independent advocacy services” are services providing assistance (by way of representation or otherwise) to individuals making or intending to make—
(a) a complaint under a procedure operated by a health service body or independent provider,
(b) a complaint under section 113(1) or (2) of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43),
(c) a complaint to the Health Service Commissioner for England or the Public Services Ombudsman for Wales,
(d) a complaint of a prescribed description which relates to the provision of services as part of the health service and—
(i) is made under a procedure of a prescribed description, or
(ii) gives rise, or may give rise, to proceedings of a prescribed description.
(3) In subsection (2)—
“health service body” means—
in relation to England, a body which, under section 2(1) of the Health Service Commissioners Act 1993 (c. 46), is subject to investigation by the Health Service Commissioner for England,
in relation to Wales, a Welsh health service body (within the meaning of the Public Services Ombudsman (Wales) Act 2005 (c. 10)),
“independent provider” means—
in relation to England, a person who, under section 2B(1) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England,
in relation to Wales, a person who is an independent provider in Wales (within the meaning of the Public Services Ombudsman (Wales) Act 2005).
(4) The Secretary of State may make such other arrangements as he considers appropriate for the provision of assistance to individuals in connection with complaints relating to the provision of services as part of the health service.
(5) In making arrangements under this section the Secretary of State must have regard to the principle that the provision of services under the arrangements should, so far as practicable, be independent of any person who is—
(a) the subject of a relevant complaint, or
(b) involved in investigating or adjudicating on such a complaint.
(6) The Secretary of State may make payments to any person in pursuance of arrangements under this section.
(7) The Secretary of State may direct a Patients' Forum established for a Primary Care Trust to exercise any of his functions under this section so far as they relate to independent advocacy services provided to—
(a) persons in the area of the Primary Care Trust, or
(b) persons to whom services have been provided by or under arrangements with the Primary Care Trust.
(8) If the Secretary of State does so—
(a) the functions of that Patients' Forum must be taken to include those functions, but
(b) the Patients' Forum may not make any arrangements with itself under this section.
(1) In exercising their respective functions, NHS bodies (on the one hand) and the prison service (on the other) must co-operate with one another with a view to improving the way in which those functions are exercised in relation to securing and maintaining the health of prisoners.
(2) The Secretary of State may by regulations make provision for or in connection with enabling prescribed NHS bodies (on the one hand) and the prison service (on the other) to enter into prescribed arrangements in relation to the exercise of—
(a) prescribed functions of the NHS bodies, and
(b) prescribed health-related functions of the prison service,
if the arrangements are likely to lead to an improvement in the way in which those functions are exercised in relation to securing and maintaining the health of prisoners.
(3) The arrangements which may be prescribed include arrangements—
(a) for or in connection with the establishment and maintenance of a fund—
(i) which is made up of contributions by one or more NHS bodies and by the prison service, and
(ii) out of which payments may be made towards expenditure incurred in the exercise of both prescribed functions of the NHS body or bodies and prescribed health-related functions of the prison service,
(b) for or in connection with the exercise by an NHS body on behalf of the prison service of prescribed health-related functions of the prison service in conjunction with the exercise by the NHS body of prescribed functions of the NHS body,
(c) for or in connection with the exercise by the prison service on behalf of an NHS body of prescribed functions of the NHS body in conjunction with the exercise by the prison service of prescribed health-related functions of the prison service,
(d) as to the provision of staff, goods or services in connection with any arrangements mentioned in paragraph (a), (b) or (c),
(e) as to the making of payments by the prison service to an NHS body in connection with any arrangements mentioned in paragraph (b),
(f) as to the making of payments by an NHS body to the prison service in connection with any arrangements mentioned in paragraph (c).
(4) Any arrangements made by virtue of this section do not affect the liability of NHS bodies, or of the prison service, for the exercise of any of their functions.
(5) “The prison service” means the Minister of the Crown exercising functions in relation to prisons (within the meaning of the Prison Act 1952 (c. 52)); and “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.
(1) The Secretary of State may by order establish standing advisory committees for the purpose of advising him on such of the services provided under this Act as may be specified in the order.
(2) A standing advisory committee consists of persons appointed by the Secretary of State after consultation with such representative organisations as he recognises for the purpose.
(3) A standing advisory committee must advise the Secretary of State—
(a) on such matters relating to the services with which the committee is concerned as it considers appropriate, and
(b) on any questions referred to it by the Secretary of State relating to those services.
(4) Schedule 19 makes further provision about standing advisory committees.
(1) The Secretary of State may by regulations make such provision for and in connection with requiring or regulating the processing of prescribed patient information for medical purposes as he considers necessary or expedient—
(a) in the interests of improving patient care, or
(b) in the public interest.
(2) Regulations under subsection (1) may, in particular, make provision—
(a) for requiring prescribed communications of any nature which contain patient information to be disclosed by health service bodies in prescribed circumstances—
(i) to the person to whom the information relates,
(ii) (where it relates to more than one person) to the person to whom it principally relates, or
(iii) to a prescribed person on behalf of any such person as is mentioned in sub-paragraph (i) or (ii),
in such manner as may be prescribed,
(b) for requiring or authorising the disclosure or other processing of prescribed patient information to or by persons of any prescribed description subject to compliance with any prescribed conditions (including conditions requiring prescribed undertakings to be obtained from such persons as to the processing of such information),
(c) for securing that, where prescribed patient information is processed by a person in accordance with the regulations, anything done by him in so processing the information must be taken to be lawfully done despite any obligation of confidence owed by him in respect of it,
(d) for creating offences punishable on summary conviction by a fine not exceeding level 5 on the standard scale or such other level as is prescribed or for creating other procedures for enforcing any provisions of the regulations.
(3) Subsections (1) and (2) are subject to subsections (4) to (7).
(4) Regulations under subsection (1) may not make provision requiring the processing of confidential patient information for any purpose if it would be reasonably practicable to achieve that purpose otherwise than pursuant to such regulations, having regard to the cost of and the technology available for achieving that purpose.
(5) Where regulations under subsection (1) make provision requiring the processing of prescribed confidential patient information, the Secretary of State—
(a) must, at any time within the period of one month beginning on each anniversary of the making of such regulations, consider whether any such provision could be included in regulations made at that time without contravening subsection (4), and
(b) if he determines that any such provision could not be so included, must make further regulations varying or revoking the regulations made under subsection (1) to such extent as he considers necessary in order for the regulations to comply with that subsection.
(6) Regulations under subsection (1) may not make provision for requiring the processing of confidential patient information solely or principally for the purpose of determining the care and treatment to be given to particular individuals.
(7) Regulations under this section may not make provision for or in connection with the processing of prescribed patient information in a manner inconsistent with any provision made by or under the Data Protection Act 1998 (c 29).
(8) Subsection (7) does not affect the operation of provisions made under subsection (2)(c).
(9) Before making any regulations under this section the Secretary of State must, to such extent as he considers appropriate in the light of the requirements of section 252, consult such bodies appearing to him to represent the interests of those likely to be affected by the regulations as he considers appropriate.
(10) In this section “patient information” means—
(a) information (however recorded) which relates to the physical or mental health or condition of an individual, to the diagnosis of his condition or to his care or treatment, and
(b) information (however recorded) which is to any extent derived, directly or indirectly, from such information,
whether or not the identity of the individual in question is ascertainable from the information.
(11) For the purposes of this section, patient information is “confidential patient information” where—
(a) the identity of the individual in question is ascertainable—
(i) from that information, or
(ii) from that information and other information which is in the possession of, or is likely to come into the possession of, the person processing that information, and
(b) that information was obtained or generated by a person who, in the circumstances, owed an obligation of confidence to that individual.
(12) In this section “medical purposes” means the purposes of any of—
(a) preventative medicine, medical diagnosis, medical research, the provision of care and treatment and the management of health and social care services, and
(b) informing individuals about their physical or mental health or condition, the diagnosis of their condition or their care and treatment.
(13) In this section—
“health service body” means any body (including a government department) or person engaged in the provision of the health service that is prescribed, or of a description prescribed, for the purposes of this definition,
“processing”, in relation to information, means the use, disclosure or obtaining of the information or the doing of such other things in relation to it as may be prescribed for the purposes of this definition.
(1) For the purposes of subsections (2) and (3), there continues to be a committee known as the Patient Information Advisory Group (“the Advisory Group”).
(2) Before laying before Parliament a draft of any statutory instrument containing regulations under section 251(1), or making any regulations pursuant to section 251(5)(b), the Secretary of State must seek and have regard to the views of the Advisory Group on the proposed regulations.
(3) The Secretary of State may seek the views of the Advisory Group on such other matters connected with the processing of patient information or of any information (other than patient information) obtained or generated in the course of the provision of the health service as he considers appropriate.
(4) The Secretary of State may by regulations make provision about the Advisory Group and the regulations may, in particular, make provision as to—
(a) the persons or bodies who are to be represented by members of the Advisory Group,
(b) the terms of appointment of members,
(c) the proceedings of the Advisory Group, and
(d) the payment by the Secretary of State of—
(i) such expenses incurred by the Advisory Group, and
(ii) such allowances in respect of expenses incurred by members of the Advisory Group,
as he may determine.
(5) The Secretary of State must publish, in such manner as he considers appropriate, any views which he receives from the Advisory Group pursuant to subsection (2).
(6) In this section “the health service”, “patient information” and “processing” have the meaning given by section 251.
(1) The Secretary of State may give directions under this section if he considers that by reason of an emergency it is necessary to do so in order to ensure that a service falling to be provided under or by virtue of this Act is provided.
(2) Directions under this section may direct that, during the period specified by the directions, a function conferred on any body or person under or by virtue of this Act is to the exclusion of or concurrently with that body or person to be performed by another body or person.
(3) The powers conferred on the Secretary of State by this section are in addition to any other powers exercisable by him.
(4) The references in this section to this Act do not include a reference to Chapter 5 of Part 2 (NHS foundation trusts).
(1) Subject to paragraphs (d) and (e) of section 3(1), the services described in Schedule 20 in relation to—
(a) care of mothers,
(b) prevention, care and after-care,
(c) home help and laundry facilities,
are functions exercisable by local social services authorities.
(2) A local social services authority which provides premises, furniture or equipment for any of the purposes of this Act may permit the use of the premises, furniture or equipment by—
(a) any other local social services authority,
(b) any of the bodies established under this Act, or
(c) a local education authority.
(3) The permission may be on such terms (including terms with respect to the services of any staff employed by the authority giving permission) as may be agreed.
(4) A local social services authority may provide (or improve or furnish) residential accommodation for officers—
(a) employed by it for the purposes of any of its functions as a local social services authority, or
(b) employed by a voluntary organisation for the purposes of any services provided under this section and Schedule 20.
(5) In this section and Schedule 20 “equipment” includes any machinery, apparatus or appliance, whether fixed or not, and any vehicle.
(1) Where the Secretary of State has acquired—
(a) supplies of human blood for the purposes of any service under this Act,
(b) any part of a human body for the purpose of, or in the course of providing, any such service, or
(c) supplies of any other substances or preparations not readily obtainable,
he may arrange to make such supplies or that part available (on such terms, including terms as to charges, as he considers appropriate) to any person.
(2) The Secretary of State may exercise the powers conferred by subsection (1) only if, and to the extent that, he is satisfied that anything which he proposes to do or allow under those powers—
(a) will not to a significant extent interfere with the performance by him of any duty imposed on him by this Act to provide accommodation or services of any kind, and
(b) will not to a significant extent operate to the disadvantage of persons seeking or afforded admission or access to accommodation or services at health service hospitals (whether as resident or non-resident patients) otherwise than as private patients.
(3) “Health service hospital” includes such a hospital within the meaning of section 206 of the National Health Service (Wales) Act 2006 (c. 42).
(1) A Primary Care Trust may make payments to—
(a) a local social services authority towards expenditure incurred or to be incurred by it in connection with any social services functions (within the meaning of the Local Authority Social Services Act 1970 (c. 42)), other than functions under section 3 of the Disabled Persons (Employment) Act 1958 (c. 33),
(b) a district council, or a Welsh county council or county borough council, towards expenditure incurred or to be incurred by it in connection with its functions under Part 2 of Schedule 9 to the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) (meals and recreation for old people),
(c) an authority which is a local education authority for the purposes of the Education Act 1996 (c. 56), towards expenditure incurred or to be incurred by it in connection with its functions under the Education Acts (within the meaning of that Act), in so far as it performs those functions for the benefit of disabled persons,
(d) a local housing authority within the meaning of the Housing Act 1985 (c. 68), towards expenditure incurred or to be incurred by it in connection with its functions under Part 2 of that Act (provision of housing), or
(e) any of the bodies mentioned in subsection (2), in respect of expenditure incurred or to be incurred by it in connection with the provision of housing accommodation.
(2) The bodies are—
(a) a registered social landlord within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act),
(b) the Commission for the New Towns,
(c) a new town development corporation,
(d) an urban development corporation established under the Local Government, Planning and Land Act 1980 (c. 65),
(e) the Housing Corporation.
(3) A Primary Care Trust may make payments to a local authority towards expenditure incurred or to be incurred by the authority in connection with the performance of any of the authority’s functions which, in the opinion of the Primary Care Trust—
(a) have an effect on the health of any individuals,
(b) have an effect on, or are affected by, any NHS functions, or
(c) are connected with any NHS functions.
(4) “NHS functions” means functions exercised by an NHS body.
(5) A payment under this section may be made in respect of expenditure of a capital or of a revenue nature or in respect of both kinds of expenditure.
(6) The Secretary of State may by directions prescribe conditions relating to payments under this section or section 257.
(7) The conditions include, in particular, conditions requiring, in such circumstances as may be specified—
(a) repayment of the whole or part of a payment under this section, or
(b) in respect of property acquired with a payment under this section, payment of an amount representing the whole or part of an increase in the value of the property which has occurred since its acquisition.
(8) No payment may be made under this section in respect of any expenditure unless the conditions relating to it conform with the conditions prescribed under subsection (6) for payments of that description.
(9) “A disabled person” is a person who has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities or who has such other disability as may be prescribed.
(1) This section applies where the expenditure in respect of which a payment under section 256 is proposed to be made is expenditure in connection with services to be provided by a voluntary organisation.
(2) Where this section applies, the Primary Care Trust may make payments to the voluntary organisation towards the expenditure incurred or to be incurred by the organisation in connection with the provision of those services, instead of or in addition to making payments under section 256(1) or (3).
(3) Where this section applies—
(a) a body falling within any of paragraphs (a) to (d) of section 256(1) which has received payments under the paragraph, and
(b) a local authority which has received payments under section 256(3),
may make out of the sums paid to it payments to the voluntary organisation towards expenditure incurred or to be incurred by the organisation in connection with the provision of those services.
(4) No payment may be made under subsection (2) or (3) except subject to conditions which conform with the conditions prescribed for payments of that description under section 256(6).
(1) The Secretary of State must exercise his functions under this Act so as to secure that there are made available such facilities as he considers are reasonably required by any university which has a medical or dental school, in connection with—
(a) clinical teaching, and
(b) research connected with clinical medicine or clinical dentistry.
(2) Regulations may provide for any functions—
(a) exercisable by a Strategic Health Authority, Primary Care Trust, Special Health Authority or Local Health Board,
(b) in relation to the provision of facilities such as are mentioned in subsection (1),
to be exercisable by the body jointly with one or more NHS body other than an NHS foundation trust.
(1) It is unlawful to sell the goodwill of the medical practice of a person to whom any of subsections (2) to (4) applies, unless the person—
(a) no longer provides or performs the services mentioned, and
(b) has never carried on the practice in a relevant area.
(2) This subsection applies to a person who has at any time provided general medical services under arrangements made—
(a) with any Council, Committee or Authority under the National Health Service Act 1946 (c. 81) or the National Health Service Reorganisation Act 1973 (c. 32), or
(b) with any Primary Care Trust, Health Authority or Local Health Board under section 29 of the National Health Service Act 1977 (c. 49).
(3) This subsection applies to a person who has at any time provided or performed personal medical services in accordance with section 28C of the National Health Service Act 1977 (prior to the coming into force of section 16CC of that Act).
(4) This subsection applies to a person who has at any time, in prescribed circumstances or, if regulations so provide, in all circumstances, provided or performed primary medical services—
(a) in accordance with section 28C arrangements (within the meaning given by section 28D of the National Health Service Act 1977),
(b) in accordance with arrangements under section 16CC(2)(b) of that Act,
(c) under a general medical services contract (within the meaning of section 28Q(2) of that Act),
(d) in accordance with section 92 arrangements or section 50 arrangements,
(e) in accordance with arrangements under section 83(2)(b) of this Act, or section 41(2)(b) of the National Health Service (Wales) Act 2006 (c. 42),
(f) under a general medical services contract or a Welsh general medical services contract.
(5) In this section—
“goodwill” includes any part of goodwill and, in relation to a person practising in partnership, means his share of the goodwill of the partnership practice,
“medical practice” includes any part of a medical practice,
“relevant area”, in relation to any Council, Committee, Primary Care Trust, Local Health Board or Authority by arrangement or contract with whom a person has at any time provided or performed services, means the area, district or locality of that Council, Committee, Primary Care Trust, Local Health Board or Authority (at that time),
“section 50 arrangements” means arrangements for the provision of services made under section 50 of the National Health Service (Wales) Act 2006 (c. 42), and
“Welsh general medical services contract” means a contract under section 42(2) of the National Health Service (Wales) Act 2006.
(6) Schedule 21 makes further provision in relation to this section.
(1) The Secretary of State may by order provide for the control of maximum prices to be charged for any medical supplies, other than health service medicines, required for the purposes of this Act.
(2) The Secretary of State may by direction given with respect to any undertaking, or by order made with respect to any class or description of undertakings, require persons carrying on the undertaking or undertakings of that class or description—
(a) to keep such books, accounts and records relating to the undertaking as may be prescribed by the direction, the order or a notice served under the order,
(b) to furnish at such times, in such manner and in such form as may be so prescribed such estimates, returns or information relating to the undertaking as may be so prescribed.
(3) The power to make an order under this section includes power to provide for any incidental and supplementary provisions which the Secretary of State considers it expedient for the purposes of the order to provide.
(4) Schedule 22 makes further provision in relation to this section.
(5) In this section and Schedule 22—
“medical supplies” includes surgical, dental and optical materials and equipment, and
“undertaking” means any public utility undertaking or any undertaking by way of trade or business, which is concerned with medical supplies required for the purposes of this Act,
and “equipment” includes any machinery, apparatus or appliance, whether fixed or not, and any vehicle.
(1) The powers under this section may be exercised where there is in existence a scheme (referred to in this section and sections 262 and 263 as a “voluntary scheme”) made by the Secretary of State and the industry body for the purpose of—
(a) limiting the prices which may be charged by any manufacturer or supplier to whom the scheme relates for the supply of any health service medicines, or
(b) limiting the profits which may accrue to any manufacturer or supplier to whom the scheme relates in connection with the manufacture or supply of any health service medicines.
(2) For the purposes of this section and sections 262 and 263, a voluntary scheme must be treated as applying to a manufacturer or supplier to whom it relates if—
(a) he has consented to the scheme being so treated (and has not withdrawn that consent), and
(b) no notice is in force in his case under subsection (4).
(3) For the purposes of this section a voluntary scheme has effect, in relation to a manufacturer or supplier to whom it applies, with any additions or modifications made by him and the Secretary of State.
(4) If any acts or omissions of any manufacturer or supplier to whom a voluntary scheme applies (a “scheme member”) have shown that, in the scheme member’s case, the scheme is ineffective for either of the purposes mentioned in subsection (1), the Secretary of State may by a written notice given to the scheme member determine that the scheme does not apply to him.
(5) A notice under subsection (4) must give the Secretary of State’s reasons for giving the notice, and the Secretary of State may not give a notice under that subsection until he has given the scheme member an opportunity to make representations about the acts or omissions in question.
National Health Service Act 2006