Health and Social Care Bill - continued        House of Commons
SCHEDULE 9A, THE FAMILY HEALTH SERVICES APPEAL AUTHORITY - continued

back to previous text
 
  PART V
  MISCELLANEOUS AND SUPPLEMENTARY
 
Patient information
Control of patient information.     59. - (1) The Secretary of State may by regulations make provision for and in connection with prohibiting or restricting the processing of prescribed patient information.
 
 
    This subsection and subsection (2) have effect subject to subsection (8).
     
      (2) Regulations under subsection (1) may, in particular, make provision-
 
 
    (a) for prohibiting the processing of prescribed patient information except where the processing complies with prescribed conditions corresponding or similar to any of the conditions imposed by or under Schedule 3 to the Data Protection Act 1998 (processing of sensitive personal data);
 
    (b) for prohibiting the disclosure or other processing of prescribed patient information to or by persons of any prescribed description except where the processing complies with any other prescribed conditions (including conditions requiring prescribed undertakings to be obtained from such persons as to the processing of such information);
 
    (c) for requiring or authorising the inclusion by prescribed health service bodies in-
 
      (i) the terms on which persons of any prescribed description are employed, or
 
      (ii) other prescribed arrangements,
 
    of provisions prohibiting or restricting the processing of prescribed patient information;
 
    (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) 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.
  This subsection and subsection (4) have effect subject to subsections (5) to (8).
 
      (4) Regulations under subsection (3) 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 to the persons to whom the information relates 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 shall be taken to be lawfully done despite any obligation of confidence owed by him in respect of it;
 
    (d) for creating such offences as are mentioned in subsection (2)(d) or for creating other procedures for enforcing any provisions of the regulations.
      (5) Regulations under subsection (3) 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.
 
      (6) Where regulations under subsection (3) make provision requiring the processing of prescribed confidential patient information, then the Secretary of State-
 
 
    (a) shall, 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 (5), and
 
    (b) if he determines that any such provision could not be so included, shall make further regulations varying or revoking the regulations made under subsection (3) to such extent as he considers necessary in order for the regulations to comply with that subsection.
      (7) Regulations under subsection (3) 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.
 
      (8) Without prejudice to the operation of provisions made under subsection (4)(c), 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.
 
      (9) Before making any regulations under this section the Secretary of State shall 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 the identity of the individual in question is ascertainable from the information or not.
 
      (11) For the purposes of this section, patient information is "confidential patient information" where-
 
 
    (a) the identity of the individual in question is ascertainable from that information, and
 
    (b) the information was obtained from the individual in question by a person who, in the circumstances, owed an obligation of confidence to that individual.
      (12) In this section-
 
 
    "health service body" means any body (including a government department) or person engaged in the provision of the health service (within the meaning of the National Health Service Act 1977) that is prescribed, or of a description prescribed, for the purposes of this definition;
 
    "medical purposes" includes the purposes 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 or treatment.
 
    "prescribed" means specified in, or determined in accordance with, regulations made by the Secretary of State under this section;
 
    "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.
 
Prescribing rights
Extension of prescribing rights.     60. - (1) The Medicines Act 1968 shall be amended as provided by subsections (2) to (8).
 
      (2) In subsection (1) of section 58 (medicinal products on prescription), after paragraph (d) there shall be inserted", and
 
 
    (e) other persons who are of such a description and comply with such conditions as may be specified in the order".
      (3) After subsection (1) of that section there shall be inserted-
 
 
    "(1A) The descriptions of persons which may be specified in an order by virtue of subsection (1)(e) are the following, or any sub-category of such a description-
 
 
    (a) persons who are registered by any board established under the Professions Supplementary to Medicine Act 1960;
 
    (b) persons who are pharmacists;
 
    (c) persons whose names are entered in a roll or record established by the General Dental Council by virtue of section 45 of the Dentists Act 1984 (dental auxiliaries);
 
    (d) persons who are registered in either of the registers of ophthalmic opticians kept under section 7(a) of the Opticians Act 1989;
 
    (e) persons who are registered osteopaths within the meaning of the Osteopaths Act 1993;
 
    (f) persons who are registered chiropractors within the meaning of the Chiropractors Act 1994;
 
    (g) persons who are registered in any register established, continued or maintained under an Order in Council under section 60(1) of the Health Act 1999.
      (1B) Where an order under this section includes provision by virtue of subsection (1)(e), the order shall specify such conditions as are necessary to secure that any person who is an appropriate practitioner by virtue of the provision may prescribe, give directions or administer only in respect of human use."
 
      (4) In subsection (4)(a) of that section, after "health visitor," there shall be inserted "or is an appropriate practitioner by virtue of provision made under subsection (1)(e) of this section,".
 
      (5) After subsection (4) of that section there shall be inserted-
 
 
    "(4A) An order under this section may provide, in relation to a person who is an appropriate practitioner by virtue of subsection (1)(d) or (e), that such a person may-
 
 
    (a) give a prescription for a medicinal product falling within a description or class specified in the order;
 
    (b) administer any such medicinal product; or
 
    (c) give directions for the administration of any such medicinal product,
       only where he complies with such conditions as may be specified in the order in respect of the cases or circumstances in which he may do so.
 
      (4B) An order under this section may provide, in relation to a condition specified by virtue of subsection (4A), for the condition to have effect subject to such exemptions as may be specified in the order.
 
      (4C) Where a condition is specified by virtue of subsection (4A), any prescription or direction given by a person in contravention of the condition is not (subject to such exemptions or modifications as may be specified in the order by virtue of subsection (4)(a) of this section) given by an appropriate practitioner for the purposes of subsection (2)(a) or (b) of this section."
 
      (6) In subsection (5) of that section, after "subsection (4)(a)" there shall be inserted "or (4B)".
 
      (7) In section 67 (offences under Part II of the Act)-
 
 
    (a) after subsection (1) there shall be inserted-
 
    "(1A) Any person who gives a prescription or directions or administers a medicinal product in contravention of a condition imposed by an order under section 58 of this Act by virtue of subsection (4A) of that section shall be guilty of an offence.
 
      (1B) Any person who-
 
 
    (a) is an appropriate practitioner by virtue of provision made under section 58(1) of this Act; and
 
    (b) gives a prescription or directions in respect of a medicinal product of a description or class in relation to which he is not an appropriate practitioner,
       shall be guilty of an offence.";
 
 
    (b) in subsection (4), after "under", there shall be inserted "subsection (1A), (1B),".
      (8) Each of the powers to establish a committee conferred by subsection (2) or (3) of section 4 of the Medicines Act 1968 may, before the commencement of subsections (1) to (6) of this section, be exercised in relation to section 58 of that Act as if those subsections were in force.
 
 
Supplementary
Regulations and orders.     61. - (1) Any power under this Act to make any order or regulations shall (except in the case of an order under section 14(5)) be exercisable by statutory instrument.
 
      (2) A statutory instrument containing any order or regulations made by the Secretary of State under this Act other than-
 
 
    (a) an order under section 66(2), or
 
    (b) any regulations to which subsection (3) applies,
       shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
      (3) This subsection applies to any regulations under section 59(3) (except where they are made pursuant to section 59(6)(b)); and no such regulations shall be made (whether alone or with other provisions) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.
 
      (4) A statutory instrument containing any regulations made by the Scottish Ministers shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.
 
      (5) Any power under this Act to make any order or regulations may be exercised-
 
 
    (a) either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case;
 
    (b) so as to make, as respects the cases in relation to which it is exercised-
 
      (i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise);
 
      (ii) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Act;
 
      (iii) any such provision either unconditionally or subject to any specified condition.
      (6) Where any such power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes.
 
      (7) Any such power includes power-
 
 
    (a) to make such incidental, supplementary, consequential, saving or transitional provision (including provision amending, repealing or revoking enactments) as the authority making the order or regulations considers to be expedient; and
 
    (b) to provide for a person to exercise a discretion in dealing with any matter.
      (8) Nothing in this Act shall be read as affecting the generality of subsection (7).
 
Interpretation.     62. In this Act (unless the context otherwise requires)-
 
 
    "the 1977 Act" means the National Health Service Act 1977;
 
    "the 1990 Act" means the National Health Service and Community Care Act 1990;
 
    "NHS trust" has the same meaning as in the 1977 Act;
 
    "regulations" means regulations made by the relevant authority;
 
    "the relevant authority" means-
 
      (a) in relation to England, the Secretary of State,
 
      (b) in relation to Wales, the National Assembly for Wales, and
 
      (c) in relation to Scotland (in connection with regulations under section 49), the Scottish Ministers.
Minor and consequential amendments and repeals.     63. - (1) The minor and consequential amendments specified in Schedule 4 shall have effect.
 
      (2) The enactments specified in Schedule 5 are repealed to the extent specified.
 
      (3) The repeal of section 2 of the Medicinal Products: Prescription by Nurses, etc. Act 1992 does not affect the operation of section 4 of that Act.
 
Powers of National Assembly for Wales under amended Acts.     64. - (1) In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999, any reference to an Act which is amended by this Act shall (as from the time when the Act is so amended) be treated as referring to the Act as so amended.
 
      (2) But for the purpose of so construing the reference in that Schedule to the 1977 Act the amendments made by this Act do not include those made by section 28 above.
 
      (3) Subsection (1) does not affect the power to make further Orders varying or omitting any such reference as is mentioned in that subsection.
 
Financial provisions.     65. There shall be paid out of money provided by Parliament-
 
 
    (a) any expenditure incurred by the Secretary of State in consequence of this Act; and
 
    (b) any increase attributable to this Act in the sums payable out of money so provided by virtue of any other Act.
Short title, commencement and extent.     66. - (1) This Act may be cited as the Health and Social Care Act 2001.
 
      (2) With the exception of-
 
 
    (a) sections 58, 61, 62, 64 and 65 and this section, and
 
    (b) any other provision of this Act so far as it confers any power to make an order or regulations under this Act which is exercisable by the Secretary of State,
       this Act does not come into force until such day as the relevant authority may by order appoint; and different days may be so appointed for different purposes.
 
      (3) In subsection (2), in its application in relation to-
 
 
    (a) sections 17 to 20 and 28,
 
    (b) sections 49(1), 50 and 51,
 
    (c) sections 59 and 60, and
 
    (d) any repeals consequential on any provisions falling within paragraph (a) or (b),
       the reference to the relevant authority shall be read as a reference to the Secretary of State.
 
      (4) In subsection (2), in its application in relation to-
 
 
    (a) section 44, and
 
    (b) the provisions of section 49(2) to (9) so far as relating to Scotland (and not within subsection (2)(b)),
       the reference to the relevant authority shall be read as a reference to the Scottish Ministers.
 
      (5) Subject to subsections (6) to (8), this Act extends to England and Wales only.
 
      (6) The following provisions, namely-
 
 
    (a) sections 49 to 51 and 58,
 
    (b) sections 60 to 62, and
 
    (c) this section,
       also extend to Scotland.
 
      (7) The following provisions, namely-
 
 
    (a) section 60, and
 
    (b) this section,
       also extend to Northern Ireland.
 
      (8) The extent of any amendment or repeal made by this Act is the same as that of the enactment amended or repealed.
 
      (9) The Secretary of State may by order provide that so much of this Act as extends to England and Wales is to apply to the Isles of Scilly with such modifications (if any) as are specified in the order; but otherwise this Act does not extend there.
 
 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

© Parliamentary copyright 2000
Prepared 21 December 2000