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(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.
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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