4

The Board may disclose to a person mentioned in subsection (4A) any information referred to in subsection (2)(a) to (c) which is received by the Board under this section, or any information which is produced by the Board by analysing any such information, if—

a

the information consists of statistics and is disclosed for the purpose of assisting the person in the performance of functions exercisable by it in relation to the health service, or

b

the information is disclosed for the purpose of assisting the person to produce or to analyse statistics for the purpose of assisting the person, or any other person mentioned in subsection (4A), in the performance of functions exercisable by it in relation to the health service.

4A

Those persons are—

a

the Secretary of State,

b

the Welsh Ministers,

c

the National Health Service Commissioning Board,

d

a clinical commissioning group,

e

a local authority,

f

a Local Health Board,

g

an NHS trust established under section 18 of the National Health Service (Wales) Act 2006,

h

the National Institute for Health and Care Excellence,

i

the Health and Social Care Information Centre,

j

a Special Health Authority,

k

the Care Quality Commission, and

l

such other persons as the appropriate authority may specify in a direction given for the purposes of this section.

4B

For the purposes of subsection (4A)(l), the appropriate authority is—

a

in relation to a direction to be given for purposes relating only to Wales, the Welsh Ministers, and

b

in any other case, the Secretary of State.

5A

A direction under subsection (4A)(l) must be given by an instrument in writing.

5B

Sections 272(7) and 273(1) of the National Health Service Act 2006 apply in relation to the power of the Secretary of State to give a direction under subsection (4A)(l) as they apply in relation to powers to give a direction under that Act.

5C

Sections 203(9) and 204(1) of the National Health Service (Wales) Act 2006 apply in relation to the power of the Welsh Ministers to give a direction under subsection (4A)(l) as they apply in relation to powers to give a direction under that Act.

7

In subsection (4A)—

• “clinical commissioning group” and “Special Health Authority” have the same meaning as in the National Health Service Act 2006;

• “local authority” has the same meaning as in section 2B of that Act of 2006.