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Statistics and Registration Service Act 2007

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Information sharing: supplementary powersE+W+S+N.I.

47Power to authorise disclosure to the BoardE+W+S+N.I.

(1)Subject to this section, the Minister for the Cabinet Office may make regulations for the purpose of authorising a public authority to disclose information to the Board where—

(a)the disclosure would otherwise be prohibited by a rule of law or an Act passed before this Act, or

(b)the authority would not otherwise have power to make the disclosure.

(2)Regulations under subsection (1) may only authorise disclosure to enable the Board to carry out one or more of its functions, other than its function under section 22 (statistical services).

(3)The Board may only use information received under regulations under subsection (1) for the purposes for which disclosure is authorised under subsection (2).

(4)In the application of section 39 to personal information which has been disclosed to the Board under regulations under subsection (1), paragraphs (c) and (i) of subsection (4) of that section do not apply (subject to any provision made under subsection (7)(b) below).

(5)Regulations under subsection (1) may not authorise disclosure by—

(a)a Scottish public authority, so far as exercising functions which relate to matters which are not reserved matters, or

(b)a Northern Ireland public authority.

(6)Regulations under subsection (1) may—

(a)amend or modify any enactment;

(b)contain consequential and supplementary provision.

(7)The consequential and supplementary provision referred to in subsection (6)(b) includes in particular provision—

(a)prohibiting or restricting further disclosure by the Board of information disclosed under the regulations;

(b)authorising further disclosure by the Board of such information in circumstances where the disclosure would otherwise be prohibited by a rule of law, this Act or an Act passed before this Act.

(8)The Minister for the Cabinet Office may only make regulations under subsection (1) with the consent of—

(a)the Welsh Ministers, in a case where the regulations authorise disclosure by a public authority exercising functions only or mainly in or as regards Wales,

(b)the Treasury, in a case where the regulations authorise disclosure by the Commissioners for Her Majesty's Revenue and Customs or an officer of Revenue and Customs, or

(c)a Minister of the Crown (other than the Minister for the Cabinet Office), in any other case.

(9)The Minister for the Cabinet Office may only make regulations under subsection (1) authorising any disclosure if the Minister and any persons or person whose consent is required under subsection (8) are satisfied that—

(a)the disclosure is required by the Board to enable it to carry out the function or functions in relation to which the disclosure is authorised, and

(b)the disclosure is in the public interest.

(10)Subsection (8)(c) does not apply in relation to regulations authorising disclosure by a public authority where the Minister for the Cabinet Office is the relevant Minister in relation to the public authority.

(11)For the purposes of subsection (10), the Minister for the Cabinet Office is the relevant Minister in relation to such public authorities, or public authorities of such description, as the Minister may by order prescribe.

(12)The Treasury must consult the Commissioners for Her Majesty's Revenue and Customs before giving its consent under subsection (8)(b).

48Power to authorise disclosure to the Board: ScotlandE+W+S+N.I.

(1)Subject to this section, the Scottish Ministers may make regulations for the purpose of authorising a Scottish public authority, so far as exercising functions which relate to matters which are not reserved matters, to disclose information to the Board where—

(a)the disclosure would otherwise be prohibited by a rule of law, an Act passed before this Act or an Act of the Scottish Parliament passed before this Act, or

(b)the authority would not otherwise have power to make the disclosure.

(2)Regulations under subsection (1) may only authorise disclosure to enable the Board to carry out one or more of its functions, other than its function under section 22 (statistical services).

(3)The Board may only use information received under regulations under subsection (1) for the purposes for which disclosure is authorised under subsection (2).

(4)In the application of section 39 to personal information which has been disclosed to the Board under regulations under subsection (1), paragraphs (c) and (i) of subsection (4) of that section do not apply (subject to any provision made under subsection (6)(b) below).

(5)Regulations under subsection (1) may—

(a)amend or modify any enactment;

(b)contain consequential and supplementary provision.

(6)The consequential and supplementary provision referred to in subsection (5)(b) includes in particular provision—

(a)prohibiting or restricting further disclosure by the Board of information disclosed under the regulations;

(b)authorising further disclosure by the Board of such information in circumstances where the disclosure would otherwise be prohibited by a rule of law, this Act or an Act passed before this Act.

(7)The Scottish Ministers may only make regulations under subsection (1) with the consent of the Minister for the Cabinet Office.

(8)The Scottish Ministers may only make regulations under subsection (1) authorising any disclosure if they and the Minister for the Cabinet Office are satisfied that—

(a)the disclosure is required by the Board to enable it to carry out the function or functions in relation to which the disclosure is authorised, and

(b)the disclosure is in the public interest.

49Power to authorise disclosure to the Board: Northern IrelandE+W+S+N.I.

(1)Subject to this section, a Northern Ireland department may make regulations for the purpose of authorising a Northern Ireland public authority to disclose information to the Board where—

(a)the disclosure would otherwise be prohibited by a rule of law, an Act passed before this Act or any Northern Ireland legislation passed or made before this Act, or

(b)the authority would not otherwise have power to make the disclosure.

(2)Regulations under subsection (1) may only authorise disclosure to enable the Board to carry out one or more of its functions, other than its function under section 22 (statistical services).

(3)The Board may only use information received under regulations under subsection (1) for the purposes for which disclosure is authorised under subsection (2).

(4)In the application of section 39 to personal information which has been disclosed to the Board under regulations under subsection (1), paragraphs (c) and (i) of subsection (4) of that section do not apply (subject to any provision made under subsection (6)(b) below).

(5)Regulations under subsection (1) may—

(a)amend or modify any enactment;

(b)contain consequential and supplementary provision.

(6)The consequential and supplementary provision referred to in subsection (5)(b) includes in particular provision—

(a)prohibiting or restricting further disclosure by the Board of information disclosed under the regulations;

(b)authorising further disclosure by the Board of such information in circumstances where the disclosure would otherwise be prohibited by a rule of law, this Act or an Act passed before this Act.

(7)A Northern Ireland department may only make regulations under subsection (1) with the consent of the Minister for the Cabinet Office.

(8)A Northern Ireland department may only make regulations under subsection (1) authorising any disclosure if the department and the Minister for the Cabinet Office are satisfied that—

(a)the disclosure is required by the Board to enable it to carry out the function or functions in relation to which the disclosure is authorised, and

(b)the disclosure is in the public interest.

50Power to authorise use of information by the BoardE+W+S+N.I.

(1)Subject to this section, the Minister for the Cabinet Office may make regulations for the purpose of authorising the Board to use information received from a public authority where the use would otherwise be prohibited by a rule of law or an Act passed before this Act.

(2)Regulations under subsection (1) may only authorise use to enable the Board to carry out one or more of its functions, other than its function under section 22 (statistical services).

(3)Regulations under subsection (1) may—

(a)amend or modify any enactment;

(b)contain consequential and supplementary provision.

(4)The Minister for the Cabinet Office may only make regulations under subsection (1) with the consent of—

(a)the Treasury, in a case where the regulations authorise the use of information received from the Commissioners for Her Majesty's Revenue and Customs or an officer of Revenue and Customs, or

(b)a Minister of the Crown (other than the Minister for the Cabinet Office), in any other case.

(5)The Minister for the Cabinet Office may only make regulations under subsection (1) authorising the use of any information if the Minister and the person consenting to the regulations are satisfied that—

(a)the Board needs to use the information to enable it to carry out the function or functions for which the use is authorised, and

(b)the use is in the public interest.

(6)Where the Minister for the Cabinet Office is the relevant Minister in relation to a public authority, subsection (4)(b) and the reference in subsection (5) to the person consenting to the regulations do not apply.

(7)For the purposes of subsection (6), the Minister for the Cabinet Office is the relevant Minister in relation to such public authorities, or public authorities of such description, as the Minister may by order prescribe.

(8)The Treasury must consult the Commissioners for Her Majesty's Revenue and Customs before giving its consent under subsection (4)(a).

51Power to authorise disclosure by the BoardE+W+S+N.I.

(1)Subject to this section, the Minister for the Cabinet Office may by regulations make provision for the purpose of authorising the Board to disclose information to a public authority where the disclosure would otherwise be prohibited by a rule of law or an Act passed before this Act.

(2)Regulations under subsection (1) may only authorise disclosure for the purposes of any or all of the statistical functions of the public authority.

(3)A public authority may only use information received under regulations under subsection (1) for the purposes for which disclosure is authorised under subsection (2).

(4)In the application of section 39 to personal information which has been disclosed to a public authority under regulations under subsection (1), paragraphs (c) and (i) of subsection (4) of that section do not apply (subject to any provision made under subsection (7)(b) below).

(5)Regulations under subsection (1) may not authorise disclosure to—

(a)a Scottish public authority for the purpose of the exercise by the authority of statistical functions which relate to matters which are not reserved matters, or

(b)a Northern Ireland public authority.

(6)Regulations under subsection (1) may—

(a)amend or modify any enactment;

(b)contain consequential and supplementary provision.

(7)The consequential and supplementary provision referred to in subsection (6)(b) includes in particular—

(a)provision prohibiting or restricting further disclosure by a public authority of information disclosed under the regulations;

(b)provision authorising further disclosure by a public authority of such information in circumstances where the disclosure would otherwise be prohibited by a rule of law, this Act or an Act passed before this Act.

(8)Regulations may only be made under subsection (1) authorising disclosure to a public authority with the consent of—

(a)the Treasury, in a case where the regulations authorise disclosure to the Commissioners for Her Majesty's Revenue and Customs or an officer of Revenue and Customs, or

(b)a Minister of the Crown (other than the Minister for the Cabinet Office), in any other case.

(9)Regulations may only be made under subsection (1) authorising any disclosure to a public authority if the Minister and the person consenting to the regulations are satisfied that—

(a)the disclosure is required by the public authority for the purposes specified in the regulations, and

(b)the disclosure is in the public interest.

(10)Subsection (8)(b) and the reference in subsection (9) to the person consenting to the regulations do not apply in relation to regulations authorising disclosure to a public authority where the Minister for the Cabinet Office is the relevant Minister in relation to the public authority.

(11)For the purposes of subsection (10), the Minister for the Cabinet Office is the relevant Minister in relation to such public authorities, or public authorities of such description, as the Minister may by order prescribe.

(12)The Treasury must consult the Commissioners for Her Majesty's Revenue and Customs before giving its consent under subsection (8)(a).

52Power to authorise disclosure by the Board: ScotlandE+W+S+N.I.

(1)Subject to this section, the Scottish Ministers may by regulations make provision for the purpose of authorising the Board to disclose information to a Scottish public authority where the disclosure would otherwise be prohibited by a rule of law or an Act passed before this Act.

(2)Regulations under subsection (1) may only authorise disclosure for the purposes of any or all of the statistical functions of the Scottish public authority, so far as relating to matters which are not reserved matters.

(3)A Scottish public authority may only use information received under regulations under subsection (1) for the purposes for which disclosure is authorised under subsection (2).

(4)In the application of section 39 to personal information which has been disclosed to a Scottish public authority under regulations under subsection (1), paragraphs (c) and (i) of subsection (4) of that section do not apply (subject to any provision made under subsection (6)(b) below).

(5)Regulations under subsection (1) may—

(a)amend or modify any enactment;

(b)contain consequential and supplementary provision.

(6)The consequential and supplementary provision referred to in subsection (5)(b) includes in particular—

(a)provision prohibiting or restricting further disclosure by a Scottish public authority of information disclosed under the regulations;

(b)provision authorising further disclosure by a Scottish public authority of such information in circumstances where the disclosure would otherwise be prohibited by a rule of law, this Act, an Act passed before this Act or an Act of the Scottish Parliament passed before this Act.

(7)The Scottish Ministers may only make regulations under subsection (1) with the consent of the Minister for the Cabinet Office.

(8)The Scottish Ministers may only make regulations under subsection (1) authorising any disclosure if they and the Minister for the Cabinet Office are satisfied that—

(a)the disclosure is required by the Scottish public authority for the purposes specified in the regulations, and

(b)the disclosure is in the public interest.

53Power to authorise disclosure by the Board: Northern IrelandE+W+S+N.I.

(1)Subject to this section, a Northern Ireland department may by regulations make provision for the purpose of authorising the Board to disclose information to a Northern Ireland public authority where the disclosure would otherwise be prohibited by a rule of law or an Act passed before this Act.

(2)Regulations under subsection (1) may only authorise disclosure for the purposes of any or all of the statistical functions of the Northern Ireland public authority.

(3)A Northern Ireland public authority may only use information received under regulations under subsection (1) for the purposes for which disclosure is authorised under subsection (2).

(4)In the application of section 39 to personal information which has been disclosed to a Northern Ireland public authority under regulations under subsection (1), paragraphs (c) and (i) of subsection (4) of that section do not apply (subject to any provision made under subsection (6)(b) below).

(5)Regulations under subsection (1) may—

(a)amend or modify any enactment;

(b)contain consequential and supplementary provision.

(6)The consequential and supplementary provision referred to in subsection (5)(b) includes in particular—

(a)provision prohibiting or restricting further disclosure by a Northern Ireland public authority of information disclosed under the regulations;

(b)provision authorising further disclosure by a Northern Ireland public authority of such information in circumstances where the disclosure would otherwise be prohibited by a rule of law, this Act, an Act passed before this Act or any Northern Ireland legislation passed or made before this Act.

(7)A Northern Ireland department may only make regulations under subsection (1) with the consent of the Minister for the Cabinet Office.

(8)A Northern Ireland department may only make regulations under subsection (1) authorising any disclosure if the department and the Minister for the Cabinet Office are satisfied that—

(a)the disclosure is required by the Northern Ireland public authority for the purposes specified in the regulations, and

(b)the disclosure is in the public interest.

54Data Protection Act 1998 and Human Rights Act 1998E+W+S+N.I.

In sections 47 to 53, references to an Act passed before this Act do not include—

(a)the Data Protection Act 1998 (c. 29), or

(b)the Human Rights Act 1998 (c. 42).

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