Commentary on Sections Part 9 – Health and adult social care services: information Functions: information systems Section 259 - Powers to require and request provision of information
1428.This section provides the Information Centre with powers to require or request those set out in subsection (2) to provide the Centre with any information it considers it necessary or expedient for the Centre to have for any function it exercises by virtue of Chapter 2.
1429.Subsection (2) specifies that such bodies may be health or social care bodies or organisations providing health services or adult social care in England under arrangements with a public body. When information is needed from bodies other than those described in subsection (2), the Centre may request the desired information and may make a payment in respect of the cost of complying with the request (subsection (6)).
1430.Subsection (3) limits the ability of the Centre to require confidential person- identifiable information from bodies providing publicly funded health or adult social care services. The Centre may only require provision to it of confidential person- identifiable information where it has been requested to do so by a principal body such as NICE, CQC or Monitor or where the person requesting the information could have required the disclosure of the information in any case. Subsection (4) makes clear that the Centre may request such information from a health or social care body or publicly funded provider of health or adult social care services, but there is no obligation to provide it.
1431.Subsection (5) obliges the bodies defined in subsection (2) to provide information required pursuant to subsection (1)(a) in a form specified by the Centre within a specified period.
1432.Subsection (8) requires the Centre to publish a procedure for notifying health or social care bodies and other persons about information collections and subsection (9) requires the Centre to co-operate with other bodies authorised to collect information. The intention is to minimise the burden on the providers of information.
1433.Subsection (10) specifies that those providing information to the Centre are not in breach of confidentiality but are subject to any express restrictions on disclosure of information in other legislation.