Nepal - Karnali Preparation Project Phase I : Credit 1452 - Credit Agreement - Conformed

consists of information relating to the physical or mental health of an individual who can be identified from that information, or from that and other information in the possession of the holder of the record; and

has been made by or on behalf of a health professional in connection with the care of that individual;

in the case of a record made by a health professional performing primary medical services under a general medical services contract made with NHS England or a Local Health Board, the person or body who entered into the contract with NHS England the ... Board (or, in a case where more than one person so entered into the contract, any such person);

in the case of a record made by a health professional for purposes connected with the provision of health services by a health service body (and not falling within paragraph (aa) above) , the health service body by which or on whose behalf the record is held;

in the case of a record made by a health professional performing such services in accordance with arrangements under section 92 or 107 of the National Health Service Act 2006, or section 50 or 64 of the National Health Service (Wales) Act 2006, with NHS England or a Local Health Board, the person or body which made the arrangements with NHS England the ... Board (or, in a case where more than one person so made the arrangements, any such person);

in any other case, the health professional by whom or on whose behalf the record is held.

a registered medical practitioner;

a registered dentist;

a registered optician;

a registered pharmaceutical chemist;

a registered nurse, midwife or health visitor;

a registered chiropodist, dietician, occupational therapist, orthoptist or physiotherapist;

a clinical psychologist, child psychotherapist or speech therapist;

an art or music therapist employed by a health service body; and

a scientist employed by such a body as head of a department.

consists of information relating to the physical or mental health of an individual who can be identified from that information, or from that and other information in the possession of the holder of the record; and

has been made by or on behalf of a health professional in connection with the care of that individual;

in the case of a record made by a health professional performing primary medical services under a general medical services contract made with a Health Board, the person who entered into the contract with the Board;

in the case of a record made by a health professional performing such services in accordance with arrangements under section 17C of the National Health Service (Scotland) Act 1978 with a Health Board, the person who made the arrangements with the Board;

in the case of a record made by a health professional for purposes connected with the provision of health services by a health service body (and not falling within paragraph (aa) above) , the health service body by which or on whose behalf the record is held;

in any other case, the health professional by whom or on whose behalf the record is held.

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where the record is held in England and Wales and the patient is a child, a person having parental responsibility for the patient;

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where the record is held in Scotland and the patient is a pupil, a parent or guardian of the patient;

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where the record is held in Scotland and the patient is incapable, within the meaning of the Adults with Incapacity (Scotland) Act 2000 (asp 4) in relation to making or authorising the application, any person entitled to act on behalf of the patient under that Act;

where the patient has died, the patient’s personal representative and any person who may have a claim arising out of the patient’s death;

where the patient has died, a medical examiner exercising functions by virtue of section 20 of the Coroners and Justice Act 2009 in relation to the death.

in the case of a record, by allowing the applicant to inspect the record or, where section 5 below applies, an extract setting out so much of the record as is not excluded by that section;

in the case of a part of a record, by allowing the applicant to inspect an extract setting out that part or, where that section applies, so much of that part as is not so excluded; or

in either case, if the applicant so requires, by supplying him with a copy of the record or extract.

where access is given to a record, or part of a record, none of which was made after the beginning of the period of 40 days immediately preceding the date of the application, a fee not exceeding the maximum prescribed under section 21 of the Data Protection Act 1984; and

where a copy of a record or extract is supplied to the applicant, a fee not exceeding the cost of making the copy and (where applicable) the cost of posting it to him.

where the application relates to a record, or part of a record, none of which was made before the beginning of the period of 40 days immediately preceding the date of the application, the period of 21 days beginning with that date;

in any other case, the period of 40 days beginning with that date.

an application under subsection (1) above does not contain sufficient information to enable the holder of the record to identify the patient or, . . . , to satisfy himself that the applicant is entitled to make the application; and

within the period of 14 days beginning with the date of the application, the holder of the record requests the applicant to furnish him with such further information as he may reasonably require for that purpose,

in the case of a record held in England and Wales, the patient is a child; or

in the case of a record held in Scotland, the patient is a pupil,

that the patient has consented to the making of the application; or

that the patient is incapable of understanding the nature of the application and the giving of access would be in his best interests.

which, in the opinion of the holder of the record, would disclose—

which was made before the commencement of this Act.

where the individual concerned has consented to the application; or

where that individual is a health professional who has been involved in the care of the patient;

information provided by the patient in the expectation that it would not be disclosed to the applicant; or

information obtained as a result of any examination or investigation to which the patient consented in the expectation that the information would not be so disclosed.

if he is satisfied that the information is inaccurate, make the necessary correction;

if he is not so satisfied, make in the part of the record in which the information is contained a note of the matters in respect of which the information is considered by the applicant to be inaccurate; and

in either case, without requiring any fee, supply the applicant with a copy of the correction or note.

where, for purposes connected with the provision of health services by the body, one or more medical or dental practitioners are currently responsible for the clinical care of the patient, that practitioner or, as the case may be, such one of those practitioners as is the most suitable to advise the body on the matter in question;

where paragraph (a) above does not apply but one or more medical or dental practitioners are available who, for purposes connected with the provision of such services by the body, have been responsible for the clinical care of the patient, that practitioner or, as the case may be, such one of those practitioners as was most recently so responsible; and

where neither paragraph (a) nor paragraph (b) above applies, a health professional who has the necessary experience and qualifications to advise the body on the matter in question.

where the patient’s most recent general practitioner is available, that practitioner; and

where that practitioner is not available, a registered medical practitioner who has the necessary experience and qualifications to advise the Committee or Board on the matter in question.

may require the record or part to be made available for its own inspection; but

shall not, pending determination of that question in the applicant’s favour, require the record or part to be disclosed to him or his representatives whether by discovery (or, in Scotland, recovery) or otherwise.