Part 3: Information about medical supplies Section 8: Provision and disclosure of information New section 264B
Section 264B allows the Secretary of State to disclose the information obtained from manufacturers, distributors and suppliers by virtue of new section 264A in specified circumstances.
	It allows the information obtained to be disclosed to certain health service bodies including NHS England, any special health authority (such as the NHS Business Services Authority) and the Health and Social Care Information Centre. If the information disclosed to the health service bodies is confidential or commercially sensitive, they can only use the information for the purpose of exercising their functions, and only if those functions are connected with referenced matters specified in section 264A(3) of the NHS Act 2006. These include matters relating to the control of the cost of health service medicines in the United Kingdom, and the England only purposes set out at paragraph 89.
	Section 264B allows the information obtained under section 264A to be disclosed to any government department. If the information is confidential or commercially sensitive the government department will only be able to use the information for either the purpose of exercising their functions, and again only if those functions are connected with England only purposes or United Kingdom purposes (described at paragraph 89), or for the purpose of preventing, detecting or investigating any unlawful activities.
	Section 264B allows the information under section 264A to be disclosed also to Welsh Ministers, Scottish Ministers, the Commons Services Agency for Scottish Health Service, and a Northern Ireland Department and the Regional Business Services Organisation (in Northern Ireland). If the information is confidential or commercially sensitive, they can use that information for the purpose of exercising their functions if their functions are connected to specified United Kingdom purposes. Welsh Ministers can also use the information for specified Welsh purposes. Scottish Ministers and the Commons Services Agency can use the information for specified Scottish purposes and the Northern Ireland Department and the Regional Business Services Organisation can use the information for specified Northern Ireland purposes. The specified purposes are set out at paragraph 89 above.
	Section 264B allows information obtained under section 264A to be disclosed to any persons who provide services to NHS England, any Special Health Authority, the Health and Social Care Information Centre, any government department, Welsh Ministers, Scottish Ministers, the Common Services Agency a Northern Ireland Department or the Regional Business Services Organisation. Where, in this circumstance, the information is confidential or commercially sensitive, the purposes for which the information can be used are subject to the same limitations as those applied to the person to whom the services are being provided, as specified in the Act.
	Section 264B also provides the Secretary of State with the power to make regulations to disclose information obtained under section 264A to a body that represents manufacturers, suppliers and distributors of health service medicines, medical supplies and other related products required for the purposes of the health services an NHS foundation trust, or any health service body as listed in section 9(4) of the NHS Act 2006. If the information is confidential or commercially sensitive, the representative body can only use the information for purposes prescribed in regulations and for matters connected to the purposes set out at sections 264A, as set out at paragraph.
	Section 264B also makes provision for Welsh Ministers to disclose information that they have received from the Secretary of State to:
	a Local Health Board or another person appointed to exercise the functions of a determining authority under Part 7 of the NHS (Wales) Act;
	a National Health Service Trust established under section 18 of the NHS (Wales) Act 2006;
	to any person who provides services to the Welsh Ministers; or
	to any person who provides services to a Local Health Board/or other person as appointed to exercise functions of a determining authority or a National Health Service Trust established under the NHS (Wales) Act.