ASC providers who fail to submit their data through the Capacity Tracker each month could be issued with a financial penalty by the NHS Business Services Authority. There is guidance on how to comply with the information provisions in the Health and Care Act 2022 and how they will be enforced.

If you have any questions or need advice, then you can contact their team via

To be compliant, providers must submit their data during the collection window. If you believe your service does not have a duty to provide data but have been approached by the Department of Health and Social Care’s (DHSC) delivery partners NHS Business Services Authority or North of England Commissioning Support to do so, please register, submit a ‘nil’ return and contact the Capacity Tracker team.

For assistance updating the Capacity Tracker, or general advice and support, contact the Support Centre on 0191 691 3729 or via email

Find out more about the capacity tracker by clicking here