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Health and Social Care Bill

288: After Clause 259, insert the following new Clause— ““Other dissemination: directions under section 253 and requests under section 254 (1) A direction under section 253 may require the Information Centre to disseminate information which it obtains by complying with the direction if the information falls within subsection (2). (2) Information falls within this subsection if— (a) the information is required to be published under section 258; (b) the information is in a form which identifies any relevant person to whom the information relates or enables the identity of such a relevant person to be ascertained and— (i) the relevant person has consented to the dissemination, or (ii) the person giving the direction, after taking into account the public interest as well as the interests of the relevant person, considers that it is appropriate for the information to be disseminated; (c) the information is in a form which identifies any individual to whom the information relates who is not a relevant person or enables the identity of such an individual to be ascertained and the individual has consented to the dissemination; (d) the Centre is prohibited from publishing the information only by virtue of it falling within section 258(2)(c) and the person giving the direction considers it would be in the public interest for the information to be disseminated. (3) A direction under section 253 may require the Information Centre to exercise— (a) the power conferred by section 259(3A) in relation to information which it collects pursuant to the direction, or (b) any other power it has under or by virtue of any other provision of this Act (other than section 259(1) or (3B)) or any other Act to disseminate information which it obtains by complying with the direction. (4) A request under section 254 may request the Information Centre to exercise— (a) the power conferred by section 259(1) or (3A) in relation to information which it obtains by complying with the request, or (b) any other power it has to disseminate such information under or by virtue of any other provision of this or any other Act. (5) A direction under section 253 may require, and a request under section 254 may request, the Information Centre not to exercise the power conferred by section 259(1) or (3A) in relation to information which it obtains by complying with the direction or request. (6) Section 254(3) does not apply in relation to anything included in a mandatory request by virtue of subsection (4) or (5). (7) A requirement imposed on, or a request made to, the Information Centre in accordance with this section to disseminate information may include a requirement or request about the persons to whom the information is to be disseminated and the form, manner and timing of dissemination.”” 289: After Clause 259, insert the following new Clause— ““Code of practice on confidential information (1) The Information Centre must prepare and publish a code in respect of the practice to be followed in relation to the collection, analysis, publication and other dissemination of confidential information concerning, or connected with, the provision of health services or of adult social care in England. (2) For the purposes of this section ““confidential information”” is— (a) information which is in a form which identifies any individual to whom the information relates or enables the identity of such an individual to be ascertained, or (b) any other information in respect of which the person who holds it owes an obligation of confidence. (3) Before publishing the code, the Information Centre must consult— (a) the Secretary of State, (b) the Board, and (c) such other persons as the Centre considers appropriate. (4) The Information Centre must not publish the code without the approval of— (a) the Secretary of State, and (b) the Board, so far as the code relates to information concerning, or connected with, the provision of NHS services. (5) The Information Centre must keep the code under review and may revise it as it considers appropriate (and a reference in this section to the code includes a reference to any revised code). (6) A health or social care body must have regard to the code in exercising functions in connection with the provision of health services or of adult social care in England. (7) A person, other than a public body, who provides health services, or adult social care in England, pursuant to arrangements made with a public body exercising functions in connection with the provision of such services or care must, in providing those services or that care, have regard to the code.”” Amendments 288 and 289 agreed. Clause 260: Information Register Amendment 290 Clause 260: Information Register Amendment 290 Moved by