Part 2: Health and Adult Social Care Information Section 99: Collection of information about adult social care
This section inserts into Part 9 of the 2012 Act a new Chapter 3 which contains sections 277A, 277B, 277C and 277D concerning information about adult social care.
	New section 277A(1) enables the Secretary of State to require certain providers of adult social care services to provide to the Secretary of State information relating to themselves, their activities in connection with providing adult social care in England, or individuals they have provided adult social care to in England or, where those services are commissioned by a Local Authority in England, outside England.
	Subsection (2) stipulates that the Secretary of State can only require information if it is for purposes connected with the health care system, or the adult social care system, in England.
	Subsection (3) enables the Secretary of State to specify the form and manner in which information must be provided, and when the information must be provided.
	Subsection (4) states that the requirement to provide information must be in writing.
	Subsection (5) provides that providing information under this section does not breach any obligation of confidence (which would include the common law duty of confidentiality) but is subject to any other express restrictions on disclosing information imposed by any enactment. This would include restrictions under the Data Protection Act 2018 and the UK GDPR.
	Subsection (6) signposts to section 277E in respect of enforcement.
	Subsection (7) defines "adult social care", "English local authority", and "relevant provider of adult social care services" for the purposes of section 277A.
	Section 277B imposes restrictions on the disclosure of information provided under section 277A.
	Subsection (1) restricts the disclosure of information provided under section 277A so that it may only be disclosed for purposes connected with the health care system or adult social care system in England.
	Subsection (2) further restricts the disclosure of that information so that commercially sensitive information may not be disclosed unless the Secretary of State considers disclosure to be appropriate, having taken into account the public interest as well as the interests of the person to whom that information relates.
	Subsection (3) sets out that subsections (1) and (2) do not restrict the disclosure of information where: consent has been given or the information has previously been lawfully disclosed to the public; or where the disclosure is in accordance with any court order, is necessary or expedient for the purposes of protecting the welfare of any individual, is necessary or expedient for the purposes of a person’s exercise of functions under any Act, is in connection with the investigation of a criminal offence within or outside the United Kingdom, or is for the purpose of criminal proceedings within or outside the United Kingdom.
	Subsection (4) defines the term "commercially sensitive information".
	Section 277C(1) empowers the Secretary of State to direct the Health and Social Care Information Centre to exercise the functions of the Secretary of State under section 277A and provides that the restrictions on disclosure of information set out in section 277B apply in such a case.
	Subsection (2) empowers the Secretary of State to direct a Special Health Authority performing functions only or mainly in respect of England to exercise the functions of the Secretary of State under section 277A and provides that the restrictions on disclosure of information set out in section 277B apply in such a case.
	Subsection (3) empowers the Secretary of State to direct the Information Centre or the Special Health Authority in question about the exercise of any functions that it is directed to exercise under subsection (1) or (2). This includes directions as to the processing of information that the body obtains in exercising those functions.
	Section 277D(1) enables the Secretary of State to make arrangements for a person (prescribed by regulations) to exercise the functions of the Secretary of State under section 277A and provides that the restrictions on disclosure of information set out in section 277B apply in such a case.
	Subsection (2) enables those arrangements to provide for the Secretary of State to make payments to the person as well as to set out circumstances where the payments must be repaid.
	Subsection (3) enables those arrangements to make provision of a kind which may be made in directions under the 2012 Act, such as provision for the person in question to exercise the Secretary of State’s functions wholly or to a limited extent and in specific cases or circumstances or more generally.