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Health and Personal Social Services Act (Northern Ireland) 2001

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Health and Personal Social Services Act (Northern Ireland) 2001, Section 7A is up to date with all changes known to be in force on or before 22 August 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F1Power to obtain information etcN.I.

This section has no associated Explanatory Notes

7A(1) The power under subsection (2) may be exercised for thepurpose of assisting the Council in performing a function under section 5, 5A or 6 in respect of a person (“the relevant person”).

(2) If the Council considers that any person (except the relevant person)is able to provide information or produce a document that appears relevant to the performance of the function, it may by notice require the person to provide the information or produce the document.

(3) Subsection (2) does not require or permit any disclosure ofinformation which is prohibited by or under any other statutory provision [F2or the GDPR] .

(4) But where information is held in a form in which the prohibitionoperates because the information is capable of identifying an individual, the Council may, in exercising the power under subsection (2), require that the information be put into a form which is not capable of identifying that individual.

[F3(5) In determining for the purposes of subsection (3) whether a disclosure is prohibited, it is to be assumed for the purposes of paragraph 5(2) of Schedule 2 to the Data Protection Act 2018 and paragraph 3(2) of Schedule 11 to that Act (exemptions from certain provisions of the data protection legislation: disclosures required by law) that the disclosure is required by this section.]

(6) Subsection (2) does not apply to information or a document whichthe person could not be compelled to provide or produce in civil proceedings before the county court.

(7) If a person fails to provide any information or produce any documentwithin 14 days of the person being required to do so under this section, the Council may apply to the county court for an order requiring the information to be provided or the document to be produced.]

[F4(8) In this section, “the GDPR” and references to Schedule 2 to the Data Protection Act 2018 have the same meaning as in Parts 5 to 7 of that Act (see section 3(10), (11) and (14) of that Act).]

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