Website of the Department of Health
Please note that this website has a UK government access keys system.
Publications policy and guidance
Records Management: NHS Code of Practice Part 1 and Part 2
- Part 1: Section 1 - Foreword
- Part 1: Section 2 - Introduction
- Part 1: Section 3 - NHS Records Management
- Part 1: Glossary of Records Management Terms
- Part 1: Annex A: Resources to Support Improvement
- Part 1: Annex B: NHS Connecting for Health
- Part 2: Annex D: Notes to Accompany the NHS Records Retention and Disposal Schedules
- Part 2: Annex D1: Health Records Retention Schedule
- Part 2: Annex D2: Business and Corporate (Non-Health) Records Retention Schedule
- Part 2: Annex D3: Electronic Record/Audit Trails
- Part 2: Annex E: Approved Places of Deposit
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Part 1: Annex C: Legal and Professional Obligations
- Key legal and professional obligations listed in this Annex
- The Abortion Regulations 1991
- The Access to Health Records Act 1990
- The Access to Medical Reports Act 1988
- Administrative Law
- Blood Safety and Quality Legislation
- The Census (Confidentiality) Act 1991
- The Civil Evidence Act 1995
- The Common Law Duty of Confidentiality
- The Computer Misuse Act 1990
- The Congenital Disabilities (Civil Liability) Act 1976
- The Consumer Protection Act (CPA) 1987
- The Control of Substances Hazardous to Health Regulations (COSHH) 2002
- The Copyright, Designs and Patents Act 1990
- The Crime and Disorder Act 1998
- The Data Protection Act (DPA) 1998
- Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community Code Relating to Medicinal Products for Human Use
- The Disclosure of Adoption Information (Post-Commencement Adoptions) Regulations 2005
- The Electronic Communications Act 2000
- The Environmental Information Regulations 2004
- The Freedom of Information Act (FOIA) 2000
- The Gender Recognition Act 2004
- The Health and Safety at Work Act 1974
- The Health and Social Care Act 2001
- The Human Fertilisation and Embryology Act 1990, as Amended by The Human Fertilisation and Embryology (Disclosure of Information) Act 1992
- The Human Rights Act 1998
- The Limitation Act 1980
- The NHS Trusts and Primary Care Trusts (Sexually Transmitted Diseases) Directions 2000
- The Police and Criminal Evidence (PACE) Act 1984
- The Privacy and Electronic Communications (EC Directive) Regulations 2003
- Public Health (Control of Diseases) Act 1984 and Public Health (Infectious Diseases) Regulations 1988
- The Public Interest Disclosure Act 1998
- The Public Records Act 1958
- The Radioactive Substances Act 1993
- The Re-use of Public Sector Information Regulations 2005
- The Sexual Offences (Amendment) Act 1976 Subsection 4(1) as Amended by the Criminal Justice Act 1988
- Relevant Standards and Guidelines
- Professional Codes of Conduct
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The Access to Medical Reports Act 1988
The aim of the Act is to allow individuals to see medical reports written about them, for employment or insurance purposes, by a doctor who they usually see in a 'normal' doctor/patient capacity. This right can be exercised either before or after the report is sent.
The chief medical officer of the employer/insurer is the applicant and he/she will send a request for a report to the doctor. The request must be accompanied by a written and signed patient consent.
The patient may view the report by obtaining a photocopy, or by attending the organisation to read the report without taking a copy away. The patient has a right to view the report from the time it is written and has a window to do so before the report is supplied, or he/she may view it after supply for up to six months.
However, in certain circumstances the patient may be prohibited from viewing all or part of the report if:
- in the opinion of the doctor, viewing the report may cause serious harm to the physical or mental health of the patient; or
- access to the report would disclose third-party information where that third party has not consented to the disclosure.
The patient retains the right to withdraw consent to the report's preparation and/or supply at any time. Therefore, if the patient is unable to view any of the report due to one of the circumstances listed above, he/she can refuse to allow it to be supplied.
If a patient disagrees with the content of the report, he/she has several options. He/she can:
- refuse to allow its supply;
- ask the doctor to correct agreed inaccuracies; or
- have a note added addressing the point(s) of disagreement.
Records management considerations
It is important that these reports remain accessible to the patient for at least six months after they have been supplied to the employer or insurer. After six months, organisations should consider whether retention is necessary; however, if they do decide to retain the report it must be accessible should a subsequent subject access request be made. In some organisations, it may be easier to hold the report as part of the health record.
Access keys
