Statistics and Registration Service Act 2007

[F1 45C Power to require disclosures by other public authorities U.K.

(1) This section applies to a public authority to which section 45B does not apply (other than one within subsection (15) of that section).

(2) Subject to this section and section 45E, the Board may, by notice in writing to a public authority to which this section applies, require the authority to disclose to the Board information which—

(a) is held by the authority in connection with its functions, and

(b) is specified, or is of a kind specified, in the notice.

(3) A notice under subsection (2) may require information to be disclosed on more than one date specified in the notice within a period specified in the notice.

(4) A notice under subsection (2) other than one within subsection (3) must specify the date by which or the period within which the information must be disclosed.

(5) A notice under subsection (2) may specify the form or manner in which the information to which it relates must be disclosed.

(6) A notice under subsection (2) may require the public authority to consult the Board before making changes to—

(a) its processes for collecting, organising, storing or retrieving the information to which the notice relates, or

(b) its processes for supplying such information to the Board.

(7) The reference in subsection (6) to making changes to a process includes introducing or removing a process.

(8) The Board may give a notice under subsection (2) only if the Board requires the information to which the notice relates to enable it to exercise one or more of its functions.

(9) The Board must obtain the consent of the Scottish Ministers before giving a notice under subsection (2) to a public authority which is a Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998).

(10) The Board must obtain the consent of the Welsh Ministers before giving a notice under subsection (2) to a public authority which is a devolved Welsh authority as defined by section 157A of the Government of Wales Act 2006.

(11) The Board must obtain the consent of the Department of Finance in Northern Ireland before giving a notice under subsection (2) to a public authority if—

(a) the public authority exercises functions only as regards Northern Ireland, and

(b) its functions are wholly or mainly functions which relate to transferred matters (within the meaning of the Northern Ireland Act 1998).

(12) A public authority to which a notice under subsection (2) is given must comply with it.

(13) But the public authority need not comply with the notice if compliance—

(a) might prejudice national security,

(b) would contravene [F2 the data protection legislation],

(c) would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016, or

(d) would contravene [F3 [F4 assimilated direct] legislation] [F5 (which is not part of the data protection legislation)] or [F6 anything that is EU-derived domestic legislation by virtue of section 2(2)(a) or (b) of the European Union (Withdrawal) Act 2018].

(14) Until the repeal of Part 1 of the Regulation of Investigatory Powers Act 2000 by paragraphs 45 and 54 of Schedule 10 to the Investigatory Powers Act 2016 is fully in force, subsection (13)(c) has effect as if it included a reference to that Part.]

Textual Amendments

F1 Ss. 45B-45G inserted (1.10.2017 for E.W.S. for specified purposes, 1.5.2018 in so far as not already in force) by Digital Economy Act 2017 (c. 30), ss. 80, 118(4); S.I. 2017/765, reg. 3(n); S.I. 2018/382, reg. 3(ll)

F2 Words in s. 45C(13)(b) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 137(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F3 Words in s. 45C(13)(d) substituted (31.1.2020) by The UK Statistics (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/489), regs. 1, 2(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in s. 45C(13)(d) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 65(4)(c)

F5 Words in s. 45C(13)(d) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 137(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F6 Words in s. 45C(13)(d) substituted (31.1.2020) by The UK Statistics (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/489), regs. 1, 2(6)(b); 2020 c. 1, Sch. 5 para. 1(1)