The False or Misleading Information (Specified Care Providers and Specified Information) Regulations 2015

• Citation: S.I. 2015/988
• Sections: 10

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the False or Misleading Information (Specified Care Providers and Specified Information) Regulations 2015 and come into force—

(a) except as provided by sub-paragraph (b), at the end of the period of 21 days beginning with the day on which these Regulations are made, and

(b) in the case of paragraph 1 of Part 2 of the Schedule and regulation 3 insofar as it applies to that paragraph, on 1st April 2017.

(2) In these Regulations—

“the Act” means the Care Act 2014;

“commissioning data set” or “CDS” means a collection of patient-level data on a particular activity;

“health service hospital” has the same meaning as in section 275(1) of the National Health Service Act 2006 ;

...

“ NHS England ” means the body corporate established under section 1H of the National Health Service Act 2006;

Section 2 Specified care providers

The care providers specified for the purposes of section 92(1) of the Act (offence of supplying etc false or misleading information) are—

(a) an NHS trust established under section 25 of the National Health Service Act 2006,

(b) an NHS foundation trust, and

(c) a person who, pursuant to arrangements made with a public body, provides health services in England from a hospital (as defined in section 275(1) of the National Health Service Act 2006) that is not a health service hospital.

Section 3 Specified information

The information specified for the purposes of section 92(1) of the Act is the information—

(a) referred to in the third column of the table in Part 1 of the Schedule, to the extent that it is supplied to NHS England , or to another person on NHS England’s behalf, for collation for the purposes of the corresponding commissioning data sets listed by type and description in that table;

(b) listed in Part 2 of the Schedule.

Section 4 Review

(1) Before the end of each review period, the Secretary of State must—

(a) carry out a review of these Regulations,

(b) set out the conclusions of the review in a report, and

(c) publish the report.

(2) The report must in particular—

(a) set out the objectives intended to be achieved by regulations 2 and 3,

(b) assess the extent to which those objectives are achieved, and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a way that imposes less regulation.

(3) In this regulation, “review period” means—

(a) the period of five years beginning from the end of the period referred to in regulation 1(1)(a), and

(b) subject to paragraph (4), each successive period of five years.

(4) If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.

Section 1 Cancer Outcomes and Services Data Set

Data relating to all patients (both adult and paediatric) diagnosed with cancer or receiving cancer treatment in, or funded by, the National Health Service in England provided to Public Health England for collation for the purposes of the Cancer Outcomes and Services Data Set (a data set used to build indicators of activity, performance and outcomes of cancer care in England), other than the information referred to in paragraph 3.

Section 2 Hospital and Community Health Services Complaints Collection

Information supplied to NHS England , or to another person on NHS England’s behalf, for collation for the purposes of the Hospital and Community Health Services Complaints Collection (data which is used for the purpose of monitoring written hospital and community complaints (by service area, profession and type) received by the National Health Service each year).

Section 3 National Cancer Waiting Times Monitoring Data Set

Information supplied to NHS England , or to another person on NHS England’s behalf, for collation for the purposes of the National Cancer Waiting Times Monitoring Data Set (a patient-level data set used, amongst other things, for the monitoring of timed pathways of care for cancer patients and waiting times for cancer services).

Section 4 National Diabetes Audit

Information supplied to NHS England , or to another person on NHS England’s behalf, for collation for the purposes of the National Diabetes Audit (an annual clinical audit of patient-level data used for the monitoring of complications from diabetes and care provided to people with diabetes).

Section 5 National Maternity Services Data Set

Information supplied to NHS England , or to another person on NHS England’s behalf, for collation for the purposes of the National Maternity Services Data Set (a patient-level data set that captures key information at each stage of the maternity service care pathway).

Section 6 Quality Accounts

The information contained in documents published under section 8 of the Health Act 2009 (duty of providers to publish information) .