Law

National Health Service Act 2006

United Kingdom · statute

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In force since 2026-10-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

sha256 7c90edb6dded8e7f7d6ae33cb15c9e63c2cc745f850ccc6ac5cec576e8a15b77

Contents: 516 provisions

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516 provisions

239 Entry and inspection of premises

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240 Annual reports

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241 Further provision about Patients' Forums

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) The regulations may include provision applying, or corresponding to, any provision of Part 5A of the Local Government Act 1972 (c 70) (access to meetings and documents), with or without modifications.

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242 Public involvement and consultation

(1) This section applies to— (a) relevant English bodies, and (b) relevant Welsh bodies. (1A) In this section— “ relevant English body ” means— ... ... an NHS trust that is not a relevant Welsh body, or an NHS foundation trust; “ relevant Welsh body ” means an NHS trust all or most of whose hospitals, establishments and facilities are in Wales. (1B) Each relevant English body must make arrangements, as respects health services for which it is responsible, which secure that users of those services, whether directly or through representatives, are involved (whether by being consulted or provided with information, or in other ways) in— (a) the planning of the provision of those services, (b) the development and consideration of proposals for changes in the way those services are provided, and (c) decisions to be made by that body affecting the operation of those services. (1C) Subsection (1B)(b) applies to a proposal only if implementation of the proposal would have an impact on— (a) the manner in which the services are delivered to users of those services, or (b) the range of health services available to those users. (1D) Subsection (1B)(c) applies to a decision only if implementation of the decision (if made) would have an impact on— (a) the manner in which the services are delivered to users of those services, or (b) the range of health services available to those users. (1E) The reference in each of subsections (1C)(a) and (1D)(a) to the delivery of services is to their delivery at the point when they are received by users. (1F) For the purposes of subsections (1B) to (1E), — (a) health services” does not include pharmaceutical services or local pharmaceutical services, and (b) a person is a “user” of any health services if the person is someone to whom those services are being or may be provided. (1G) A relevant English body must have regard to any guidance given by the Secretary of State as to the discharge of the body's duty under subsection (1B). (1H) The guidance mentioned in subsection (1G) includes (in particular)— (a) guidance given by the Secretary of State as to when, or how often, involvement under arrangements under subsection (1B) is to be carried out; (b) guidance given by the Secretary of State as to the form to be taken by such involvement in any case specified by the guidance. (2) Each relevant Welsh body must make arrangements with a view to securing, as respects health services for which it is responsible, that persons to whom those services are being or may be provided are, directly or through representatives, involved in and consulted on— (a) the planning of the provision of those services, (b) the development and consideration of proposals for changes in the way those services are provided, and (c) decisions to be made by that body affecting the operation of those services. (3) For the purposes of this section a body is responsible for health services— (a) if the body provides or will provide those services to individuals, or (b) if another person provides, or will provide, those services to individuals— (i) at that body's direction, (ii) on its behalf, or (iii) in accordance with an agreement or arrangements made by that body with that other person, and references in this section to the provision of services include references to the provision of services jointly with another person. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) This section does not require a body to make arrangements in relation to matters to which a trust special administrator’s draft or final report under section 65F or 65I relates before— (a) in a case where the administrator’s report relates to an NHS trust, NHS England and the Secretary of State have made their decisions under section 65K(1) and (2), or (b) in a case where the administrator’s report relates to an NHS foundation trust, the Secretary of State is satisfied as mentioned in section 65KB(1) or 65KD(1) or makes a decision under section 65KD(9).

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242A Strategic Health Authorities: further duty to involve users

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242B Directions in cases where Strategic Health Authority arranges involvement

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243 The Commission for Patient and Public Involvement in Health

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244 Review and scrutiny by local authorities

(1) This section applies to any local authority, except that it applies to the council of a district only where the district is comprised in an area for which there is no county council. (2) Regulations may, in relation to ... an authority to which this section applies, make provision— (a) as to matters relating to the health service in the authority's area which the authority may review and scrutinise, (b) as to matters relating to the health service in the authority's area on which the authority may make reports and recommendations to relevant NHS bodies or relevant health service providers, or the Secretary of State, (c) as to matters on which relevant NHS bodies or relevant health service providers must consult the authority in accordance with the regulations ..., (d) as to information which relevant NHS bodies or relevant health service providers must provide to the authority, (e) as to information which may not be disclosed by a relevant NHS body or relevant health service provider to the authority, (f) requiring any member or employee of a relevant NHS body, or a relevant health service provider or member or employee of a relevant health service provider, to attend before the authority to answer questions. (2ZA) If (by virtue of subsection (2)(c)) regulations make provision as to matters on which relevant NHS bodies or relevant health service providers must consult the authority, the regulations may also make provision— (a) as to circumstances in which the authority may refer any of those matters to the Secretary of State ... or NHS England; (b) conferring powers on the Secretary of State to give directions to NHS England in relation to a matter referred to the Secretary of State by virtue of regulations under paragraph (a); (c) conferring powers on NHS England to give directions to an integrated care board in relation to a matter so referred; (d) conferring powers on NHS England to give directions to an integrated care board in relation to a matter referred to NHS England by virtue of regulations under paragraph (a); (e) conferring powers on the Secretary of State to give directions to NHS England as to the exercise of its powers by virtue of regulations under paragraph (c) or (d). (2ZB) The powers that may be conferred under any of paragraphs (b) to (d) of subsection (2ZA) include powers to require the person to whom the direction is given— (a) to consult (or consult further) with the authority on the matter in question; (b) to determine the matter in a particular way; (c) to take, or not to take, any other steps in relation to the matter. (2ZC) If (by virtue of subsection (2ZA)(a)) regulations make provision for an authority to refer a matter to the Secretary of State ... or NHS England, the regulations may also provide for any provision of section 101 of the Local Government Act 1972— (a) not to apply in relation to the discharge by the authority of that function, or (b) to apply in relation to its discharge with such modifications as may be prescribed. (2ZD) Any functions conferred on a local authority by regulations under this section are not to be the responsibility of an executive of the authority under executive arrangements (within the meaning of Part 1A of the Local Government Act 2000). (2ZE) Regulations under this section may authorise a local authority to arrange for its functions under the regulations to be discharged by an overview and scrutiny committee of the authority. (2A) In subsection (2)(d) and (e), references to information are to information relating to matters relating to the health service in the authority's area. (3) For the purposes of subsections (2) and (2ZA)— “relevant NHS body”, in relation to an authority to which this section applies, means an NHS body, other than a Special Health Authority, which is prescribed for those purposes in relation to the authority; “relevant health service provider”, in relation to an authority to which this section applies, means a body or person which— provides services in pursuance of arrangements made by virtue of this Act, and is prescribed, or is of a description prescribed, for those purposes in relation to the authority. (3A) In subsection (2)(f) “member”— (a) in relation to an integrated care board, includes a person who is not a member of the board but is a member of a committee or sub-committee of it; (b) in relation to a relevant health service provider which is a body corporate, includes a person who is not a member of the body but is a director of it; (c) in relation to an NHS trust, means a director of the trust; (d) in relation to an NHS foundation trust, means a director or governor of the trust. (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) “The health service” includes services provided in pursuance of arrangements under regulations under section 75 in relation to the exercise of health-related functions of a local authority. (5) In this section and section 245 references to an overview and scrutiny committee include references to— (a) an overview and scrutiny committee of a local authority operating executive arrangements under Part 1A of the Local Government Act 2000 (executive arrangements in England), and (b) an overview and scrutiny committee appointed by a local authority under section 9JA of that Act (appointment of overview and scrutiny committees by committee system local authorities).

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245 Joint overview and scrutiny committees etc

(1) In this section, “relevant functions” means functions under regulations under section 244(2) to (2ZC). (2) Regulations may make provision under which— (a) two or more local authorities may appoint a joint committee of those authorities (a “joint overview and scrutiny committee”) and arrange for relevant functions in relation to any (or all) of those authorities to be exercisable by the committee, (b) a local authority may arrange for relevant functions in relation to that authority to be exercisable by an overview and scrutiny committee of another local authority, (c) a county council for any area may arrange for one or more of the members of an overview and scrutiny committee of the council for a district comprised in that area to be appointed as— (i) a member of an overview and scrutiny committee of the county council or another local authority, for the purposes of relevant functions exercisable by the committee in relation to the county council, or (ii) a member of an overview and scrutiny committee of the county council, for the purposes of relevant functions exercisable by the committee in relation to another local authority. (3) The regulations may in particular— (a) provide for arrangements to be made only in specified circumstances, or subject to specified conditions or limitations, (b) in relation to joint overview and scrutiny committees, make provision applying, or corresponding to, any provision of— (i) sections 9F(5), 9FA, 9FC to 9FG and 9FI of the 2000 Act, or (ia) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ib) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) section 246 of, and Schedule 17 to, this Act, and Schedule 11 to the National Health Service (Wales) Act 2006 (c. 42), with or without modifications. (4) The regulations may require, or enable the Secretary of State to direct, a local authority— (a) to make arrangements of any description within subsection (2), and (b) to comply with such requirements in connection with the arrangements as may be specified in the regulations or as the Secretary of State may direct. (4A) The regulations may provide that, where a relevant function in relation to a local authority is exercisable by a joint overview and scrutiny committee by virtue of arrangements under regulations under subsection (2)(a), the local authority may not discharge the function. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) In subsection (2)(c), references to an overview and scrutiny committee of a county council include references to a joint overview and scrutiny committee of the council and another local authority. (7) Section 9F(5) of the 2000 Act does not apply to the discharge of functions by virtue of arrangements under regulations under subsection (2). (8) Section 9FA(5) of the 2000 Act does not apply to persons who are members of an overview and scrutiny committee by virtue of arrangements under regulations under subsection (2)(c). (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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246 Business relating to functions of local authorities by virtue of section 244: exempt information

(1) This section applies in relation to any item of business at a meeting of a local authority or a committee of a local authority which is an item relating to functions of the authority under regulations under section 244(2) to (2ZC). (2) In relation to any such item, information is exempt information for the purposes of section 100A(4) of the Local Government Act 1972 (c. 70) (exclusion of public from meetings to prevent disclosure of exempt information) if it falls within any of the descriptions of information specified in Schedule 17, or in Schedule 11 to the National Health Service (Wales) Act 2006. (3) The Secretary of State may by order vary Schedule 17— (a) by adding any description or other provision in connection with a relevant body or services provided by, or under arrangements made by, a relevant body, or services in respect of which direct payments under section 12A(1), or under regulations under section 12A(4), are made by a relevant body, or (b) by deleting or varying any description or other provision specified or contained in that Schedule. (4) The Secretary of State may exercise the power conferred by subsection (3) by amending any Part of Schedule 17, with or without amendment of any other Part. (5) In this section and Schedule 17 “relevant body” means a body in respect of which local authorities exercise functions under regulations under section 244.

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247 Application to the City of London

(1) This section applies to a committee of the Common Council appointed to exercise functions that the Council has under regulations under section 244(2) to (2ZC). (2) Section 245(2)(b) and (c) applies as if such a committee were an overview and scrutiny committee ... . (3) Section 9F of the Local Government Act 2000 applies as if such a committee were an overview and scrutiny committee and as if the Common Council were a local authority, but with the omission— (a) of subsections (1) to (4), (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3A) Section 9FA of the Local Government Act 2000 applies as if such a committee were an overview and scrutiny committee and as if the Common Council were a local authority, but with the omission— (a) of subsection (3), (b) in subsection (6), of paragraph (b), and (c) in subsection (8)(a), of the reference to members of the executive. (4) In the provisions applied by subsections (3) and (3A), references to functions under any provision of section 9F(2) of the 2000 Act are, in the case of a committee to which this section applies, references to functions under regulations under section 244(2) to (2ZC) which are exercisable by the committee. (5) “The Common Council” means the Common Council of the City of London.

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247A Application to certain other local authorities without overview and scrutiny committees

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247B Co-operation in relation to public health functions

(1) This section applies to any body or other person that exercises functions similar to those of the Secretary of State under section 2A (whether or not in relation to the United Kingdom). (2) The Secretary of State must co-operate with the body or other person in the exercise by it of those functions. (3) If the Secretary of State acts under subsection (2) at the request of the body or other person, the Secretary of State may impose charges in respect of any costs incurred by the Secretary of State in doing so. (4) The body or other person must co-operate with the Secretary of State in the exercise by the Secretary of State of functions under section 2A. (5) If the body or other person acts under subsection (4) at the request of the Secretary of State, it may impose charges in respect of any costs incurred by it in doing so.

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247C Secretary of State's duty to keep health service functions under review

(1) The Secretary of State must keep under review the effectiveness of the exercise by the bodies mentioned in subsection (2) of functions in relation to the health service in England. (2) The bodies mentioned in this subsection are— (a) NHS England; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) the Care Quality Commission and its Healthwatch England committee; (d) the National Institute for Health and Care Excellence; (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ea) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (eb) the Health Services Safety Investigations Body; (f) Special Health Authorities. (3) The Secretary of State may include in an annual report under section 247D the Secretary of State's views on the effectiveness of the exercise by the bodies mentioned in subsection (2) of functions in relation to the health service.

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247D Secretary of State's annual report

(1) The Secretary of State must publish an annual report on the performance of the health service in England. (2) The report must include the Secretary of State's assessment of the effectiveness of the discharge of the duties under sections 1A and 1C. (3) The Secretary of State must lay any report prepared under this section before Parliament.

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248 Independent advocacy services

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249 Joint working with the prison service

(1) In exercising their respective functions, NHS bodies (on the one hand) and the prison service (on the other) must co-operate with one another with a view to improving the way in which those functions are exercised in relation to securing and maintaining the health of prisoners. (2) The Secretary of State may by regulations make provision for or in connection with enabling prescribed NHS bodies (on the one hand) and the prison service (on the other) to enter into prescribed arrangements in relation to the exercise of— (a) prescribed functions of the NHS bodies, and (b) prescribed health-related functions of the prison service, if the arrangements are likely to lead to an improvement in the way in which those functions are exercised in relation to securing and maintaining the health of prisoners. (3) The arrangements which may be prescribed include arrangements— (a) for or in connection with the establishment and maintenance of a fund— (i) which is made up of contributions by one or more NHS bodies and by the prison service, and (ii) out of which payments may be made towards expenditure incurred in the exercise of both prescribed functions of the NHS body or bodies and prescribed health-related functions of the prison service, (b) for or in connection with the exercise by an NHS body on behalf of the prison service of prescribed health-related functions of the prison service in conjunction with the exercise by the NHS body of prescribed functions of the NHS body, (c) for or in connection with the exercise by the prison service on behalf of an NHS body of prescribed functions of the NHS body in conjunction with the exercise by the prison service of prescribed health-related functions of the prison service, (d) as to the provision of staff, goods or services in connection with any arrangements mentioned in paragraph (a), (b) or (c), (e) as to the making of payments by the prison service to an NHS body in connection with any arrangements mentioned in paragraph (b), (f) as to the making of payments by an NHS body to the prison service in connection with any arrangements mentioned in paragraph (c). (4) Any arrangements made by virtue of this section do not affect the liability of NHS bodies, or of the prison service, for the exercise of any of their functions. (4A) For the purposes of this section, each local authority (within the meaning of section 2B) is to be treated as an NHS body. (5) “The prison service” means the Minister of the Crown exercising functions in relation to prisons (within the meaning of the Prison Act 1952 (c. 52)); and “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.

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250 Secretary of State's standing advisory committees

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250A National Information Governance Board: functions

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250B National Information Governance Board: Wales

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250C National Information Governance Board: further provisions.

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250D National Information Governance Board: annual reports

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251 Control of patient information

(1) The Secretary of State may by regulations make such provision for and in connection with requiring or regulating the processing of prescribed patient information for medical purposes as he considers necessary or expedient— (a) in the interests of improving patient care, or (b) in the public interest. (2) Regulations under subsection (1) may, in particular, make provision— (a) for requiring prescribed communications of any nature which contain patient information to be disclosed by health service bodies or relevant social care bodies in prescribed circumstances— (i) to the person to whom the information relates, (ii) (where it relates to more than one person) to the person to whom it principally relates, or (iii) to a prescribed person on behalf of any such person as is mentioned in sub-paragraph (i) or (ii), in such manner as may be prescribed, (b) for requiring or authorising the disclosure or other processing of prescribed patient information to or by persons of any prescribed description subject to compliance with any prescribed conditions (including conditions requiring prescribed undertakings to be obtained from such persons as to the processing of such information), (c) for securing that, where prescribed patient information is processed by a person in accordance with the regulations, anything done by him in so processing the information must be taken to be lawfully done despite any obligation of confidence owed by him in respect of it, (d) for creating offences punishable on summary conviction by a fine not exceeding level 5 on the standard scale or such other level as is prescribed or for creating other procedures for enforcing any provisions of the regulations. (3) Subsections (1) and (2) are subject to subsections (4) to (7). (4) Regulations under subsection (1) may not make provision requiring the processing of confidential patient information for any purpose if it would be reasonably practicable to achieve that purpose otherwise than pursuant to such regulations, having regard to the cost of and the technology available for achieving that purpose. (5) Where regulations under subsection (1) make provision requiring the processing of prescribed confidential patient information, the Secretary of State— (a) must, at any time within the period of one month beginning on each anniversary of the making of such regulations, consider whether any such provision could be included in regulations made at that time without contravening subsection (4), and (b) if he determines that any such provision could not be so included, must make further regulations varying or revoking the regulations made under subsection (1) to such extent as he considers necessary in order for the regulations to comply with that subsection. (6) Regulations under subsection (1) may not make provision for requiring the processing of confidential patient information solely or principally for the purpose of determining the care and treatment to be given to particular individuals. (7) Regulations under this section may not make provision for or in connection with the processing of prescribed patient information in a manner inconsistent with any provision of the data protection legislation. (8) Subsection (7) does not affect the operation of provisions made under subsection (2)(c). (9) Before making any regulations under this section the Secretary of State must, to such extent as he considers appropriate in the light of the requirements of section 252, consult such bodies appearing to him to represent the interests of those likely to be affected by the regulations as he considers appropriate. (10) In this section “patient information” means— (a) information (however recorded) which relates to the physical or mental health or condition of an individual, to the diagnosis of his condition or to his care or treatment, and (b) information (however recorded) which is to any extent derived, directly or indirectly, from such information, whether or not the identity of the individual in question is ascertainable from the information. (11) For the purposes of this section, patient information is “confidential patient information” where— (a) the identity of the individual in question is ascertainable— (i) from that information, or (ii) from that information and other information which is in the possession of, or is likely to come into the possession of, the person processing that information, and (b) that information was obtained or generated by a person who, in the circumstances, owed an obligation of confidence to that individual. (12) In this section “medical purposes” means the purposes of any of— (a) preventative medicine, medical diagnosis, medical research, the provision of care and treatment and the management of health and social care services, and (b) informing individuals about their physical or mental health or condition, the diagnosis of their condition or their care and treatment. (12A) In this section— “care” includes local authority social care, “local authority social care” means— social care provided or arranged for by a local authority, and any other social care all or part of the cost of which is paid for with funds provided by a local authority, “patient” includes an individual who needs or receives local authority social care or whose need for such care is being assessed by a local authority, “social care” includes all forms of personal care and other practical assistance provided for individuals who are in need of such care or assistance by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs or other similar circumstances. (13) In this section— “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act); “health service body” means any body (including a government department) or person engaged in the provision of the health service that is prescribed, or of a description prescribed, for the purposes of this definition, “processing”, in relation to information, means the use, disclosure or obtaining of the information or the doing of such other things in relation to it as may be prescribed for the purposes of this definition. “relevant social care body” means— a local authority, or any other body or person engaged in the provision of local authority social care.

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252 Consultation with the Care Quality Commission

(1) Before laying before Parliament a draft of any statutory instrument containing regulations under section 251(1), or making any regulations pursuant to section 251(5)(b), the Secretary of State must seek and have regard to the views of the Care Quality Commission on the proposed regulations. (2) The Secretary of State must publish, in such manner as the Secretary of State considers appropriate, any views received from NHS England on the proposed regulations.

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252A Role of NHS England and integrated care boards in respect of emergencies

(1) NHS England and each integrated care board must take appropriate steps for securing that it is properly prepared for dealing with a relevant emergency. (2) NHS England must take such steps as it considers appropriate for securing that each integrated care board is properly prepared for dealing with a relevant emergency. (3) The steps taken by NHS England under subsection (2) must include monitoring compliance by each integrated care board with its duty under subsection (1). (4) NHS England must take such steps as it considers appropriate for securing that each relevant service provider is properly prepared for dealing with a relevant emergency. (5) The steps taken by NHS England under subsection (4) must include monitoring compliance by the service provider with any requirements imposed on it by its service arrangements for the purpose of securing that it is properly prepared for dealing with a relevant emergency. (6) NHS England may take such steps as it considers appropriate for facilitating a co-ordinated response to an emergency by the integrated care boards and relevant service providers for which it is a relevant emergency. (7) NHS England may arrange for any body or person to exercise any functions of NHS England under subsections (2) to (6). (8) Where NHS England makes arrangements with another body or person under subsection (7) it may also arrange for that other body or person to exercise any functions that NHS England has, by virtue of being a Category 1 responder, under Part 1 of the Civil Contingencies Act 2004. (9) A relevant service provider must appoint an individual to be responsible for— (a) securing that the provider is properly prepared for dealing with a relevant emergency, (b) securing that the provider complies with any requirements mentioned in subsection (5), and (c) providing NHS England with such information as it may require for the purpose of discharging its functions under this section. (10) In this section— “relevant emergency”— in relation to NHS England or an integrated care board, means any emergency which might affect NHS England or the board (whether by increasing the need for the services that it may arrange or in any other way); in relation to a relevant service provider, means any emergency which might affect the provider (whether by increasing the need for the services that it may provide or in any other way); “relevant service provider” means any body or person providing services in pursuance of service arrangements; “service arrangements” means arrangements made by virtue of this Act for the provision of services.

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253 Emergency powers

(1) The Secretary of State may give directions under this section if he considers that by reason of an emergency it is appropriate to do so. (1A) A direction under this section may be given to— (a) an NHS body other than a Local Health Board; (b) the National Institute for Health and Care Excellence; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ca) the Health Services Safety Investigations Body; (d) any body or person, other than an NHS body, providing services in pursuance of arrangements made by virtue of this Act. (2) In relation to a body within any paragraph of subsection (1A) other than paragraph (d), the powers conferred by this section may be exercised— (a) to give directions to the body about the exercise of any of its functions; (b) to direct the body to cease to exercise any of its functions for a specified period; (c) to direct the body to exercise any of its functions concurrently with another body or person for a specified period; (d) to direct the body to exercise any function conferred on another body or person under or by virtue of this Act for a specified period (whether to the exclusion of, or concurrently with, that body or person). (2A) In relation to a body or person within subsection (1A)(d), the powers conferred by this section may be exercised— (a) to give directions to the body or person about the provision of any services that it provides in pursuance of arrangements mentioned in subsection (1A)(d); (b) to direct the body or person to cease to provide any of those services for a specified period; (c) to direct the body or person to provide other services for the purposes of the health service for a specified period. (2B) The Secretary of State may direct NHS England to exercise the functions of the Secretary of State under this section. (2C) The Secretary of State may give directions to NHS England about its exercise of any functions that are the subject of a direction under subsection (2B). (2D) In this section, “specified” means specified in the direction. (3) The powers conferred on the Secretary of State by this section are in addition to any other powers exercisable by him. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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254 Local social service authorities

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) A local social services authority which provides premises, furniture or equipment for any of the purposes of this Act may permit the use of the premises, furniture or equipment by— (a) any other local social services authority, (b) any of the bodies established under this Act, or (c) a local authority (as defined in section 579(1) of the Education Act 1996) for the purposes of the exercise of any education functions (as defined in that section). (3) The permission may be on such terms (including terms with respect to the services of any staff employed by the authority giving permission) as may be agreed. (4) A local social services authority may provide (or improve or furnish) residential accommodation for officers— (a) employed by it for the purposes of any of its functions as a local social services authority, ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) In this section ... “equipment” includes any machinery, apparatus or appliance, whether fixed or not, and any vehicle.

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254A

(1) The Secretary of State may, for the purpose of assisting any person exercising functions in relation to the health service or providing services for its purposes— (a) provide (or otherwise make available) to the person goods, materials or other facilities; (b) facilitate the recruitment and management of the person's staff; (c) develop or operate information or communication systems; (d) do such other things to facilitate or support the carrying out of the person's functions or other activities as the Secretary of State considers appropriate; (e) arrange for any other person to do anything mentioned in paragraphs (a) to (d) or to assist the Secretary of State in doing any such thing. (2) The power conferred by subsection (1)(a) includes power to purchase goods and materials for the purpose of providing them or making them available. (3) The Secretary of State may, in connection with anything done under subsection (1), make available the services of any person employed by the Secretary of State. (4) The powers conferred by this section may be exercised on such terms, including terms as to the making of payments to or by the Secretary of State, as may be agreed. (5) In this section, “the health service” does not include that part of the health service that is provided in pursuance of the public health functions of the Secretary of State or local authorities.

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255 Supplies not readily obtainable

(1) Where the Secretary of State has acquired— (a) supplies of human blood for the purposes of any service under this Act, (b) any part of a human body for the purpose of, or in the course of providing, any such service, or (c) supplies of any other substances or preparations not readily obtainable, he may arrange to make such supplies or that part available (on such terms, including terms as to charges, as he considers appropriate) to any person. (2) The Secretary of State may exercise the powers conferred by subsection (1) only if, and to the extent that, he is satisfied that anything which he proposes to do or allow under those powers— (a) will not to a significant extent interfere with the performance by him of any duty imposed on him by this Act to provide accommodation or services of any kind, and (b) will not to a significant extent operate to the disadvantage of persons seeking or afforded admission or access to accommodation or services at health service hospitals (whether as resident or non-resident patients) otherwise than as private patients. (3) “Health service hospital” includes such a hospital within the meaning of section 206 of the National Health Service (Wales) Act 2006 (c. 42).

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256 Power of NHS England or an integrated care board to make payments towards expenditure on community services

(1) NHS England or an integrated care board may make payments to— (a) a local social services authority in England towards expenditure incurred or to be incurred by it in connection with any social services functions (within the meaning of the Local Authority Social Services Act 1970 (c. 42)), other than functions under section 3 of the Disabled Persons (Employment) Act 1958 (c. 33), (aa) a local social services authority in Wales towards expenditure incurred or to be incurred by it in connection with any of its functions which are social services functions for the purposes of the Social Services and Well-being (Wales) Act 2014 (anaw 4). (b) a district council, or a Welsh county council or county borough council, towards expenditure incurred or to be incurred by it in connection with its functions under Part 2 of Schedule 9 to the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) (meals and recreation for old people), (c) a local authority (as defined in section 579(1) of the Education Act 1996) (c. 56), towards expenditure incurred or to be incurred by it in connection with its functions under the Education Acts (within the meaning of that Act), in so far as it performs those functions for the benefit of disabled persons, (d) a local housing authority within the meaning of the Housing Act 1985 (c. 68), towards expenditure incurred or to be incurred by it in connection with its functions under Part 2 of that Act (provision of housing), or (e) any of the bodies mentioned in subsection (2), in respect of expenditure incurred or to be incurred by it in connection with the provision of housing accommodation. (2) The bodies are— (za) a private registered provider of social housing, (a) a registered social landlord within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act), (b) the Homes and Communities Agency, (ba) the Welsh new towns residuary body, (bb) the Greater London Authority, (c) a new town development corporation, (ca) a Mayoral development corporation, (d) an urban development corporation established under the Local Government, Planning and Land Act 1980 (c. 65), (e) the Regulator of Social Housing. (3) NHS England or an integrated care board may make payments to a local authority towards expenditure incurred or to be incurred by the authority in connection with the performance of any of the authority's functions which, in the opinion of NHS England or (as the case may be) the integrated care board— (a) have an effect on the health of any individuals, (b) have an effect on, or are affected by, any NHS functions, or (c) are connected with any NHS functions. (4) “NHS functions” means functions exercised by an NHS body. (5) A payment under this section may be made in respect of expenditure of a capital or of a revenue nature or in respect of both kinds of expenditure. (5A) The Secretary of State may by directions to NHS England specify the minimum amount which NHS England must spend in a financial year in making payments under— (a) this section; (b) subsection (1) of this section; (c) subsection (3) of this section. (5B) The Secretary of State may by directions to NHS England specify— (a) a body or description of bodies to whom payments under subsection (1) or (3), or under either or both of those subsections, must be made by NHS England in a financial year; (b) functions or activities, or descriptions of functions or activities, in respect of which such payments must be made by NHS England in a financial year; (c) the minimum amount which NHS England must spend in a financial year in making such payments— (i) to a body or description of bodies specified in relation to the year under paragraph (a); (ii) in respect of functions or activities, or descriptions of functions or activities, specified in relation to the year under paragraph (b); (iii) to a body or description of bodies specified in relation to the year under paragraph (a) in respect of functions or activities or descriptions of functions or activities so specified under paragraph (b). (6) The Secretary of State may by directions prescribe conditions relating to payments under this section or section 257. (7) The conditions include, in particular, conditions requiring, in such circumstances as may be specified— (a) repayment of the whole or part of a payment under this section, or (b) in respect of property acquired with a payment under this section, payment of an amount representing the whole or part of an increase in the value of the property which has occurred since its acquisition. (8) No payment may be made under this section in respect of any expenditure unless the conditions relating to it conform with the conditions prescribed under subsection (6) for payments of that description. (9) “A disabled person” is a person who has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities or who has such other disability as may be prescribed.

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257 Payments in respect of voluntary organisations under section 256

(1) This section applies where the expenditure in respect of which a payment under section 256 is proposed to be made is expenditure in connection with services to be provided by a voluntary organisation. (2) Where this section applies, NHS England or the integrated care board may make payments to the voluntary organisation towards the expenditure incurred or to be incurred by the organisation in connection with the provision of those services, instead of or in addition to making payments under section 256(1) or (3). (3) Where this section applies— (a) a body falling within any of paragraphs (a) to (d) of section 256(1) which has received payments under the paragraph, and (b) a local authority which has received payments under section 256(3), may make out of the sums paid to it payments to the voluntary organisation towards expenditure incurred or to be incurred by the organisation in connection with the provision of those services. (4) No payment may be made under subsection (2) or (3) except subject to conditions which conform with the conditions prescribed for payments of that description under section 256(6).

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258 University clinical teaching and research

(1) The functions under this Act of the Secretary of State, NHS England and each integrated care board must be exercised so as to secure that there are made available such facilities as the Secretary of State, NHS England or the integrated care board (as the case may be) considers are reasonably required by any university which has a medical or dental school, in connection with— (a) clinical teaching, and (b) research connected with clinical medicine or clinical dentistry. (2) Regulations may provide for any functions— (a) exercisable by NHS England, an integrated care board , ... ... Special Health Authority or Local Health Board, (b) in relation to the provision of facilities such as are mentioned in subsection (1), to be exercisable by the body jointly with one or more NHS body other than an NHS foundation trust. (3) A reference in this section to the functions of NHS England does not include its regulatory functions.

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259 Sale of medical practices

(1) It is unlawful to sell the goodwill of the medical practice of a person to whom any of subsections (2) to (4) applies, unless the person— (a) no longer provides or performs the services mentioned, and (b) has never carried on the practice in a relevant area. (2) This subsection applies to a person who has at any time provided general medical services under arrangements made— (a) with any Council, Committee or Authority under the National Health Service Act 1946 (c. 81) or the National Health Service Reorganisation Act 1973 (c. 32), or (b) with any Primary Care Trust, Health Authority or Local Health Board under section 29 of the National Health Service Act 1977 (c. 49). (3) This subsection applies to a person who has at any time provided or performed personal medical services in accordance with section 28C of the National Health Service Act 1977 (prior to the coming into force of section 16CC of that Act). (4) This subsection applies to a person who has at any time, in prescribed circumstances or, if regulations so provide, in all circumstances, provided or performed primary medical services— (a) in accordance with section 28C arrangements (within the meaning given by section 28D of the National Health Service Act 1977), (b) in accordance with arrangements under section 16CC(2)(b) of that Act, (c) under a general medical services contract (within the meaning of section 28Q(2) of that Act), (d) in accordance with section 92 arrangements or section 50 arrangements, (e) in accordance with arrangements under section 83(2) of this Act, or section 41(2)(b) of the National Health Service (Wales) Act 2006 (c. 42), (f) under a general medical services contract or a Welsh general medical services contract. (4A) The reference in subsection (4)(e) to arrangements under section 83(2) of this Act includes a reference to arrangements made under section 83(2)(b) of this Act before the commencement of paragraph 30 of Schedule 4 to the Health and Social Care Act 2012 (sub-paragraph (2) of which replaces section 83(2)). (5) In this section— “goodwill” includes any part of goodwill and, in relation to a person practising in partnership, means his share of the goodwill of the partnership practice, “medical practice” includes any part of a medical practice, “relevant area” — in relation to any Council, Committee, Primary Care Trust, Local Health Board or Authority by arrangement or contract with whom a person has at any time provided or performed services, means the area, district or locality of that Council, Committee, Primary Care Trust, Local Health Board or Authority (at that time) ; in relation to NHS England, in a case where a person has at any time provided or performed services by arrangement or contract with NHS England, means the prescribed area (at the prescribed time). “section 50 arrangements” means arrangements for the provision of services made under section 50 of the National Health Service (Wales) Act 2006 (c. 42), and “Welsh general medical services contract” means a contract under section 42(2) of the National Health Service (Wales) Act 2006. (6) Schedule 21 makes further provision in relation to this section.

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260 Control of maximum price of medical supplies other than health service medicines

(1) The Secretary of State may by order provide for the control of maximum prices to be charged for any medical supplies, other than health service medicines, required for the purposes of the health service. (1A) Before making an order under subsection (1) the Secretary of State must consult any body which appears to the Secretary of State appropriate to represent persons who manufacture, distribute or supply medical supplies falling within subsection (1). (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) In this section ...— “medical supplies” includes surgical, dental and optical materials and equipment, ... ... and “equipment” includes any machinery, apparatus or appliance, whether fixed or not, and any vehicle.

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261 Powers relating to voluntary schemes

(1) The powers under this section may be exercised where there is in existence a scheme (referred to in this section and sections 262 , 263 and 264A as a “voluntary scheme”) made by the Secretary of State and the industry body for one or more of the following purposes — (a) limiting the prices which may be charged by any manufacturer or supplier to whom the scheme relates for the supply of any health service medicines, ... (b) limiting the profits which may accrue to any manufacturer or supplier to whom the scheme relates in connection with the manufacture or supply of any health service medicines, (c) providing for any manufacturer or supplier to whom the scheme relates to pay to the Secretary of State an amount calculated by reference to sales or estimated sales of any health service medicines (whether on the basis of net prices, average selling prices or otherwise). (2) For the purposes of this section and sections 262 and 263, a voluntary scheme must be treated as applying to a manufacturer or supplier to whom it relates if— (a) he has consented to the scheme being so treated (and has not withdrawn that consent), and (b) no notice is in force in his case under subsection (4). (3) For the purposes of this section a voluntary scheme has effect, in relation to a manufacturer or supplier to whom it applies, with any additions or modifications made by him and the Secretary of State. (4) If any acts or omissions of any manufacturer or supplier to whom a voluntary scheme applies (a “scheme member”) have shown that, in the scheme member's case, the scheme is ineffective for any of the purposes mentioned in subsection (1), the Secretary of State may by a written notice given to the scheme member determine that the scheme does not apply to him. (5) A notice under subsection (4) must give the Secretary of State's reasons for giving the notice, and the Secretary of State may not give a notice under that subsection until he has given the scheme member an opportunity to make representations about the acts or omissions in question. (6) Consent under subsection (2)(a) must be given, or withdrawn, in the manner required by the Secretary of State. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) The Secretary of State may— (a) prohibit any manufacturer or supplier to whom a voluntary scheme applies from increasing any price charged by him for the supply of any health service medicine covered by the scheme without the approval of the Secretary of State, and (b) provide for any amount representing any increase in contravention of that prohibition in the sums charged by that person for that medicine, so far as the increase is attributable to supplies to the health service, to be paid to the Secretary of State within a specified period. (9) The Secretary of State may provide for any amount payable in accordance with a voluntary scheme by any manufacturer or supplier to whom the scheme applies to be paid to the Secretary of State within a specified period. (10) Neither of the following affects any liability of a manufacturer or supplier to pay amounts to the Secretary of State arising during a period when a health service medicine was covered by a voluntary scheme treated as applying to the person or the taking of any action in relation to any such liability— (a) the withdrawal of consent by the person to the scheme being treated as applying to the person; (b) the giving of notice to the person under subsection (4).

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262 Power to control prices

(1) The Secretary of State may, after consultation with the industry body— (a) limit any price which may be charged by any manufacturer or supplier for the supply of any health service medicine, and (b) provide for any amount representing sums charged by that person for that medicine in excess of the limit to be paid to the Secretary of State within a specified period. (2) If at any time a health service medicine is covered by a voluntary scheme applying to its manufacturer or supplier, the powers conferred by this section may not be exercised at that time in relation to that manufacturer or supplier as regards that medicine.

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263 Statutory schemes

(1) The Secretary of State may, after consultation with the industry body and any other person the Secretary of State thinks appropriate, make a scheme (referred to in this section and section 264 as a statutory scheme) one or more of the following purposes — (a) limiting the prices which may be charged by any manufacturer or supplier for the supply of any health service medicines, ... (b) limiting the profits which may accrue to any manufacturer or supplier in connection with the manufacture or supply of any health service medicines, (c) providing for any manufacturer or supplier of any health service medicines to pay to the Secretary of State an amount calculated by reference to sales or estimated sales of those medicines (whether on the basis of net prices, average selling prices or otherwise). (1A) Consultation about the proposed exercise of a power under subsection (1) must include consultation about the following— (a) the economic consequences for the life sciences industry in the United Kingdom; (b) the consequences for the economy of the United Kingdom; (c) the consequences for patients to whom any health service medicines are to be supplied and for other health service patients. (2) A statutory scheme may, in particular, make any provision mentioned in subsections (4) to (6). (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The scheme may provide for any amount representing sums charged by any manufacturer or supplier to whom the scheme applies, in excess of the limits determined under the scheme, for health service medicines covered by the scheme to be paid by that person to the Secretary of State within a specified period. (5) The scheme may provide for any amount representing the profits, in excess of the limits determined under the scheme, accruing to any manufacturer or supplier to whom the scheme applies in connection with the manufacture or supply of health service medicines covered by the scheme to be paid by that person to the Secretary of State within a specified period. (5A) The scheme may provide for any amount payable in accordance with the scheme by any manufacturer or supplier to whom the scheme applies to be paid to the Secretary of State within a specified period. (6) The scheme may— (a) prohibit any manufacturer or supplier to whom the scheme applies from increasing, without the approval of the Secretary of State, any price charged by him for the supply of any health service medicine covered by the scheme, and (b) provide for any amount representing any increase in contravention of that prohibition in the sums charged by that person for that medicine, so far as the increase is attributable to supplies to the health service, to be paid to the Secretary of State within a specified period. (7) If at any time a health service medicine is covered by a voluntary scheme applying to its manufacturer or supplier, the powers conferred by this section may not be exercised at that time in relation to that manufacturer or supplier as regards that medicine. (8) Subsection (7) does not affect any liability of a person to pay amounts to the Secretary of State arising during a period when a health service medicine was covered by a statutory scheme applying to the person or the taking of any action in relation to any such liability.

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264 Statutory schemes: supplementary

(1) The Secretary of State may, after consultation with the industry body, make any provision he considers necessary or expedient for the purpose of enabling or facilitating— (a) the introduction of a statutory scheme or of a limit under section 262, or (b) the determination of the provision to be made in a proposed statutory scheme. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Where the Secretary of State is preparing to make or vary a statutory scheme, he may make any provision he considers necessary or expedient for transitional or transitory purposes which could be made by such a scheme.

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264A Provision of information about health service products

(1) References in this section to a UK producer are to a person who manufactures, distributes or supplies any UK health service products. (2) Regulations may require any UK producer to— (a) record and keep information which the Secretary of State may require for the purpose specified in subsection (3), and (b) provide that information to the Secretary of State, (subject to subsection (9)). (3) The purpose is that of enabling or facilitating any of the following— (a) the determination of the payments to be made to any persons who provide primary medical services under Part 4; (b) the determination of the remuneration to be paid to any persons who provide pharmaceutical services under Part 7; (c) the consideration by the Secretary of State of whether— (i) adequate supplies of English health service products are available, and (ii) the terms on which those products are available represent value for money; (d) the determination of the payments to be made to any persons who provide primary medical services under Part 4 of the National Health Service (Wales) Act 2006; (e) the determination of the remuneration to be paid to any persons who provide pharmaceutical services under Part 7 of that Act; (f) the consideration by the Welsh Ministers of whether— (i) adequate supplies of Welsh health service products are available, and (ii) the terms on which those products are available represent value for money; (g) the determination of the payments to be made to any persons who provide primary medical services under section 2C(1) of the National Health Service (Scotland) Act 1978 (“the 1978 Act”); (h) the determination of the remuneration to be paid to any persons who provide pharmaceutical care services under section 2CA(1) of the 1978 Act; (i) the consideration by the Scottish Ministers of whether— (i) adequate supplies of Scottish health service products are available, and (ii) the terms on which those products are available represent value for money; (j) the determination of the remuneration to be paid to any persons who provide primary medical services or pharmaceutical services under Part 2 or 6 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)); (k) the consideration by a Northern Ireland department of whether— (i) adequate supplies of Northern Ireland health service products are available, and (ii) the terms on which those products are available represent value for money; (l) the exercise by the Secretary of State of any powers under sections 260 to 264 and 265; (m) the operation of a voluntary scheme. (4) The information which the Secretary of State may require from a UK producer by virtue of this section includes the following— (a) the price charged or paid by the producer for UK health service products; (b) the price charged or paid by the producer for delivery or other services in connection with the manufacturing, distribution or supply of UK health service products; (c) the discounts or rebates or other payments given or received by the producer in connection with the manufacturing, distribution or supply of UK health service products; (d) the revenue or profits accrued to the producer in connection with the manufacturing, distribution or supply of UK health service products (including, in relation to profits, the costs incurred by the producer in connection with the manufacturing, distribution or supply of the products); (e) such information about medicinal products, other medical supplies or other related products as is necessary to verify whether they are UK health service products and, if so, which of the following they are— (i) English health service products; (ii) Welsh health service products; (iii) Scottish health service products; (iv) Northern Ireland health service products. (5) Regulations under this section must require the Secretary of State to give a UK producer an information notice if information is required in respect of the costs incurred by the producer in connection with the manufacturing, distribution or supply of a particular UK health service product (other than costs which relate to any transaction between the producer and a UK producer for that product). (6) An information notice is a notice stating— (a) the period in relation to or for which, or intervals at which, information is required to be provided, (b) the form and manner in which information is required to be provided, (c) the time at which or period within which information is required to be provided, and (d) that a right of appeal is conferred by virtue of section 265(5A). (7) Regulations under this section may require information which does not fall within subsection (5) to be provided— (a) in relation to or for a prescribed period or at prescribed intervals, (b) in a prescribed form and manner, and (c) at a prescribed time or within a prescribed period. (8) The provision of information by virtue of this section does not breach— (a) any obligation of confidence owed by the person providing it, or (b) any other restriction on the provision of information (however imposed). (9) Regulations under this section may not do any of the following— (a) require any person who provides primary medical services under Part 4 of the National Health Service (Wales) Act 2006, or any person who provides pharmaceutical services under Part 7 of that Act, to record, keep or provide information relating to any Welsh health service products which are supplied by the person in providing the services in question; (b) require any person who provides primary medical services under section 2C(1) of the 1978 Act, or any person who provides pharmaceutical care services under section 2CA(1) of that Act, to record, keep or provide information relating to any Scottish health service products which are supplied by the person in providing the services in question; (c) require any person who provides primary medical services or pharmaceutical services under Part 2 or 6 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)) to record, keep or provide information relating to Northern Ireland health service products which are supplied by the person in providing the services in question. (10) “English health service products” means any medicinal products used to any extent for the purposes of the health service continued under section 1(1) and any other medical supplies, or other related products, required for the purposes of that health service. (11) “Medical supplies” is to be read in accordance with section 260(5). (12) “Northern Ireland health service products” means any medicinal products used to any extent for the purposes of health care provided by virtue of the Health and Social Care (Reform) Act (Northern Ireland) 2009 and any other medical supplies, or other related products, required for the purposes of health care provided by virtue of that Act. (13) “Scottish health service products” means any medicinal products used to any extent for the purposes of the health service within the meaning of the 1978 Act and any other medical supplies, or other related products, required for the purposes of that health service. (14) “UK health service products” means any English health service products, Welsh health service products, Scottish health service products or Northern Ireland health service products. (15) “Welsh health service products” means any medicinal products used to any extent for the purposes of the health service continued under section 1(1) of the National Health Service (Wales) Act 2006 and any other medical supplies, or other related products, required for the purposes of that health service. (16) Until the coming into force of the repeal of section 27 of the 1978 Act by schedule 3 to the Smoking, Health and Social Care (Scotland) Act 2005 the references in subsections (3)(h) and (9)(b) to pharmaceutical care services under section 2CA(1) of the 1978 Act are to be read as references to pharmaceutical services under section 27(1) of that Act.

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264B Disclosure of information

(1) Information provided by virtue of section 264A may be disclosed by the Secretary of State to any of the following persons— (a) NHS England; (b) any Special Health Authority; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) any government department; (e) the Welsh Ministers; (f) the Scottish Ministers; (g) the Common Services Agency for the Scottish Health Service constituted under section 10 of the 1978 Act; (h) a Northern Ireland department; (i) the Regional Business Services Organisation established under section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009; (j) any person who provides services to any person falling within any of paragraphs (a) to (i); (k) any prescribed body appearing to the Secretary of State to represent UK producers; (l) such of the following as may be prescribed— (i) an NHS foundation trust; (ii) any health service body within the meaning of section 9(4) (not falling within any of paragraphs (a) to (k) above). (2) A person to whom any confidential or commercially sensitive information is disclosed under subsection (1) may not— (a) use the information for any purpose other than the purpose specified in relation to that person in subsection (3), or (b) disclose the information to another person (subject to subsection (4)). (3) For the purposes of subsection (2)— (a) in relation to a person falling within subsection (1)(a) or (b), the purpose is that of exercising functions connected with any of the matters specified in section 264A(3)(a) to (c), (l) or (m); (b) in relation to a person falling within subsection (1)(d), the purpose is that of— (i) exercising functions connected with any of the matters specified in section 264A(3)(a) to (c), (l) or (m), or (ii) preventing, detecting or investigating any unlawful activities; (c) in relation to a person falling within subsection (1)(e), the purpose is that of exercising functions connected with any of the matters specified in section 264A(3)(d) to (f), (l) or (m); (d) in relation to a person falling within subsection (1)(f) or (g), the purpose is that of exercising functions connected with any of the matters specified in section 264A(3)(g) to (i), (l) or (m); (e) in relation to a person falling within subsection (1)(h) or (i), the purpose is that of exercising functions connected with any of the matters specified in section 264A(3)(j) to (m); (f) in relation to a person falling within subsection (1)(j), the purpose is that of providing services in connection with any purpose specified in relation to the person for whom the services are provided in any of paragraphs (a) to (e) above; (g) in relation to a person falling within subsection (1)(k) or (l), the purpose is any prescribed purpose connected with any of the matters specified in section 264A(3). (4) The Welsh Ministers may disclose any confidential or commercially sensitive information disclosed to them under subsection (1) to any of the following persons— (a) a Local Health Board or other person appointed under section 88(3)(b) of the National Health Service (Wales) Act 2006 to exercise the functions of a determining authority under Part 7 of that Act; (b) a National Health Service trust established under section 18 of the National Health Service (Wales) Act 2006; (c) any person who provides services to the Welsh Ministers or to any person falling within paragraph (a) or (b). (5) A person to whom any confidential or commercially sensitive information is disclosed under subsection (4) may not— (a) use the information for any purpose other than the purpose of exercising functions connected with any of the matters specified in section 264A(3)(d) to (f), (l) or (m), or (b) disclose the information to another person.

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