Part 9Information

Restrictions on disclosure

238Information

1

Information is specified information if it comes to a public authority in connection with the exercise of any function it has under or by virtue of—

a

Part 1, 3, 4, 6, 7 or 8;

b

an enactment specified in Schedule 14;

c

such subordinate legislation as the Secretary of State may by order specify for the purposes of this subsection.

2

It is immaterial whether information comes to a public authority before or after the passing of this Act.

3

Public authority (except in the expression “overseas public authority”) must be construed in accordance with section 6 of the Human Rights Act 1998 (c. 42).

4

In subsection (1) the reference to an enactment includes a reference to an enactment contained in—

a

an Act of the Scottish Parliament;

b

Northern Ireland legislation;

c

subordinate legislation.

5

The Secretary of State may by order amend Schedule 14.

6

The power to make an order under subsection (5) includes power to add, vary or remove a reference to any provision of—

a

an Act of the Scottish Parliament;

b

Northern Ireland legislation.

7

An order under this section must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

8

This section applies for the purposes of this Part.