Office of Public Sector Information
PART 5 continued
The Secretary of State may form, or participate in forming, one or more companies with a view to making arrangements under section 154(1) with the companies for financial assistance under section 149 to be given, or other functions relating to such assistance to be exercised, by the company.
(1) In this section and sections 149 to 155 “this group of sections” means this section and those sections.
(2) In this group of sections—
“company” means a company as defined by section 1 of the Companies Act 2006 (c. 46);
“English local authority” means—
a county council in England,
a metropolitan district council,
a non-metropolitan district council for an area for which there is no county council,
a London borough council,
the Common Council of the City of London, or
the Council of the Isles of Scilly;
“health services” means services which must or may be provided for the purposes of the health service continued under section 1(1) of the National Health Service Act 2006 (c. 41) or services which are similar to such services;
“prescribed” means prescribed by regulations;
“qualifying body” has the meaning given by section 150;
“regulations” means regulations made by the Secretary of State;
“social care services” means services which an English local authority must or may provide or arrange to be provided under any of the following provisions—
Part 3 of the National Assistance Act 1948 (c. 29),
section 45 of the Health Services and Public Health Act 1968 (c. 46),
section 117 of the Mental Health Act 1983 (c. 20), and
section 254 of, and Schedule 20 to, the National Health Service Act 2006 (c. 41),
or services which are similar to such services.
(1) After section 250 of the National Health Service Act 2006 insert—
(1) There is to be a board known as the National Information Governance Board for Health and Social Care.
(2) The functions of the Board are—
(a) to monitor the practice followed by relevant bodies in relation to the processing of relevant information,
(b) to keep the Secretary of State, and such bodies as the Secretary of State may designate by direction, informed about the practice being followed by relevant bodies in relation to the processing of relevant information,
(c) to publish guidance on the practice to be followed in relation to the processing of relevant information,
(d) to advise the Secretary of State on particular matters relating to the processing of relevant information by any person, and
(e) to advise persons who process relevant information on such matters relating to the processing of relevant information by them as the Secretary of State may from time to time designate by direction.
(3) The Board must, in exercising its functions, seek to improve the practice followed by relevant bodies in relation to the processing of relevant information.
(4) In this section “relevant information” means—
(a) patient information,
(b) any other information obtained or generated in the course of the provision of the health service, and
(c) any information obtained or generated in the course of the exercise by a local social services authority in England of its adult social services functions.
(5) In subsection (4) “patient information” means—
(a) information (however recorded) which relates to the physical or mental health or condition of an individual (“P”), to the diagnosis of P’s condition or to P’s care or treatment, and
(b) information (however recorded) which is to any extent derived, directly or indirectly, from that information,
whether or not the identity of the individual in question is ascertainable from the information.
(6) The Board must provide advice under subsection (2)(d) if requested to do so by the Secretary of State; and may provide advice under subsection (2)(d) or (e) without being requested to do so by the person to whom the advice is to be provided.
(7) A relevant body must have regard to any guidance published under subsection (2)(c) and any advice given to it under subsection (2)(e); and the Secretary of State must have regard to any advice given under subsection (2)(d).
(8) The Board may request any relevant body to provide the Board with specified information for the purpose of enabling the Board to ascertain whether the relevant body has had proper regard to—
(a) guidance given under subsection (2)(c),
(b) advice given under subsection (2)(e), and
(c) any advice given to the relevant body by the Secretary of State.
(9) In this section—
“adult social services functions”, in relation to a local social services authority, means the authority’s social services functions (within the meaning of the Local Authority Social Services Act 1970), other than those for which the authority’s director of children’s services is responsible under section 18 of the Children Act 2004;
“processing”, in relation to information, has the same meaning as in the Data Protection Act 1998;
“relevant body” means—
any body or person engaged in the provision of the health service, including a body or person so engaged under contract, or
any body or person providing social care services;
“social care services” means services provided by a local social services authority in England in the exercise of its adult social services functions.
(1) The functions of the National Information Governance Board for Health and Social Care, except—
(a) its functions under section 252 in relation to regulations under section 251, and
(b) its functions under subsection (2),
are exercisable only in relation to England.
(2) In relation to Wales, the Secretary of State may seek the views of the Board on such matters concerned with the processing of information falling within section 250A(4)(a) or (b) as the Secretary of State considers appropriate.
(1) The Secretary of State may by regulations make provision about the National Information Governance Board for Health and Social Care.
(2) The regulations may, in particular, make provision as to—
(a) the appointment of the chair and other members of the Board by the Secretary of State or such other person as may be prescribed,
(b) the terms of appointment of members,
(c) the establishment and membership of committees or sub-committees of the Board,
(d) the delegation by the Board of its functions, and
(e) the proceedings of the Board.
(3) The regulations may make provision as to the payment by the Secretary of State of such expenses incurred by the Board or any committee or sub-committee of the Board as the Secretary of State may determine.
(4) The regulations may also make provision for the payment to members of the Board or any committee or sub-committee of the Board of such remuneration or allowances as the Secretary of State may determine.
(5) Regulations under this section cannot include provision by virtue of section 272(8)(a) amending or repealing an Act.
(1) The National Information Governance Board for Health and Social Care must, not later than 3 months after the end of each reporting year—
(a) prepare a report on its activities during the year, and
(b) send a copy of the report to the Secretary of State.
(2) In subsection (1) “reporting year” means—
(a) such period of not more than 12 months beginning with the day on which the Board is first established as the Board may determine, and
(b) each successive period of 12 months.”
(2) The Patient Information Advisory Group (as continued by section 252 of the National Health Service Act 2006 (c. 41)) is abolished.
For section 252 of the National Health Service Act 2006 substitute—
(1) 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 National Information Governance Board for Health and Social Care on the proposed regulations.
(2) The Secretary of State must publish, in such manner as the Secretary of State considers appropriate, any views received from the Board on the proposed regulations.”
(1) The National Biological Standards Board is abolished (and, accordingly, the Biological Standards Act 1975 (c. 4) ceases to have effect).
(2) The Health Protection Agency Act 2004 (c. 17) is amended as follows.
(3) After section 2 insert—
(1) The Agency has such functions in relation to a matter specified in subsection (2) as the relevant authority directs.
(2) Those matters are—
(a) the establishment of standards for biological substances;
(b) the preparation, approval and provision of standard preparations of biological substances;
(c) the testing of biological substances.
(3) The relevant authority shall be deemed to have directed under subsection (1) that the Agency is to have the functions specified in paragraphs (a) to (f) of Article 2 of the 1976 Order (the pre-abolition functions of the National Biological Standards Board).
(4) The direction under subsection (3)—
(a) shall be deemed to have been given on the commencement of that subsection;
(b) may be varied in the same way as any other direction under subsection (1);
(c) is not affected by the repeal of the Biological Standards Act 1975 or by the 1976 Order ceasing to have effect as a result of that repeal.
(5) In this section—
“biological substance” means a substance whose purity or potency cannot, in the opinion of the Secretary of State, be adequately tested by chemical means;
“the relevant authority” means—
the Secretary of State, and
the Department of Health, Social Services and Public Safety in Northern Ireland,
acting jointly;
“the 1976 Order” means the National Biological Standards Board (Functions) Order 1976.
(6) The generality of section 2(1) is to be taken not to be prejudiced by this section; and the generality of subsections (1) to (4) is to be taken not to be prejudiced by section 2.”
(4) In section 6 (meaning of “appropriate authority”), after subsection (5) insert—
“(6) Subsections (2) to (5) do not apply in relation to biological-substances functions.
(7) In relation to any biological-substances function, the appropriate authority is—
(a) the Secretary of State, and
(b) the Department of Health, Social Services and Public Safety in Northern Ireland,
acting jointly.
(8) In subsections (6) and (7) “biological-substances function” means—
(a) a function of the Agency under section 2A, or
(b) a function of the Agency under section 2(1), (2)(a) or (b), (3), (4) or (10) that is a function in relation to a matter specified in section 2A(2).”
(5) In section 8 (power to make transfer schemes)—
(a) after subsection (4) insert—
“(4A) The Secretary of State and the Department of Health, Social Services and Public Safety in Northern Ireland, acting jointly, may make a scheme for the transfer of property, rights and liabilities of the National Biological Standards Board to the Agency.”, and
(b) in subsection (7), after “section 2” insert “, 2A”.
(6) In section 9 (directions)—
(a) in subsection (2) (certain directions to be given in regulations made by statutory instrument), after “section 2(2), (3) or (4)” insert “or 2A(1),”; and
(b) in subsection (3) (certain statutory instruments making regulations giving directions to be subject to annulment), after “section 2(2)(a) or (3)” insert “or 2A(1)”.
Schedule 14 (which contains further amendments related to the provisions of this Part) has effect.
Health and Social Care Act 2008