Search Legislation

Coroners and Justice Act 2009

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this schedule contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes over time for: Schedule 20

 Help about opening options

Alternative versions:

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Coroners and Justice Act 2009. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Commencement Orders yet to be applied to the Coroners and Justice Act 2009

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

Prospective

Section 175

Schedule 20E+WAmendments of the Data Protection Act 1998 (c. 29)

This schedulenoteType=Explanatory Notes has no associated

Part 1 E+WData controllers' registration

1In section 16 of the Data Protection Act 1998 (meaning of “the registrable particulars” etc), in subsection (1)—E+W

(a)omit “and” at the end of paragraph (ff), and

(b)after paragraph (g) insert , and

(h)such information about the data controller as may be prescribed under section 18(5A).

2In section 18 of that Act (notification by data controllers), after subsection (5) insert—E+W

(5A)Notification regulations may prescribe the information about the data controller which is required for the purpose of verifying the fee payable under subsection (5).

3In section 19 of that Act (register of notifications), after subsection (7) add—E+W

(8)Nothing in subsection (6) or (7) applies to information which is included in an entry in the register only by reason of it falling within section 16(1)(h).

4In section 20 of that Act (duty to notify changes), in subsection (2)—E+W

(a)omit “that at any time”,

(b)at the beginning of paragraph (a) insert “ that at any time ”>,

(c)before “and” at the end of that paragraph insert—

(aa)that the correct fee is paid under section 19(4),, and

(d)at the beginning of paragraph (b) insert “ that at any time ”>.

Part 2 E+WAssessment notices

5(1)Section 48 of that Act (rights of appeal) is amended as follows.E+W

(2)In subsection (1) after “enforcement notice” insert “ , an assessment notice ”>.

(3)In subsection (3)—

(a)after “enforcement notice” insert “ , an assessment notice ”>, and

(b)after “40(8)” insert “ , 41B(2) ”>.

6In section 67 of that Act (general provision about orders etc under the Act)—E+W

(a)in subsection (4) insert at the appropriate place—

section 41A(2)(c),, and

(b)in subsection (5)(a) insert at the appropriate place—

section 41A(2)(b),.

7In section 70(1) of that Act (supplementary definitions) for the definition of “government department” substitute—E+W

government department”includes—

(a)any part of the Scottish Administration;

(b)a Northern Ireland department;

(c)the Welsh Assembly Government;

(d)any body or authority exercising statutory functions on behalf of the Crown.

Part 3 E+WPowers to require information

8(1)Section 43 of that Act (information notices) is amended as follows.E+W

(2)In subsection (1) for “, within” to the end substitute “ to furnish the Commissioner with specified information relating to the request or to compliance with the principles. ”>

(3)After that subsection insert—

(1A)In subsection (1) “specified information” means information—

(a)specified, or described, in the information notice, or

(b)falling within a category which is specified, or described, in the information notice.

(1B)The Commissioner may also specify in the information notice—

(a)the form in which the information must be furnished;

(b)the period within which, or the time and place at which, the information must be furnished.

(4)In subsection (4) for “the time” to “expire” substitute “ a period specified in an information notice under subsection (1B)(b) must not end, and a time so specified must not fall, ”>.

9(1)Section 44 of that Act (special information notices) is amended as follows.E+W

(2)in subsection (1) for “, within” to the end substitute “ to furnish the Commissioner with specified information for the purpose specified in subsection (2). ”>

(3)After subsection (1) insert—

(1A)In subsection (1) “specified information” means information—

(a)specified, or described, in the special information notice, or

(b)falling within a category which is specified, or described, in the special information notice.

(1B)The Commissioner may also specify in the special information notice—

(a)the form in which the information must be furnished;

(b)the period within which, or the time and place at which, the information must be furnished.

(4)In subsection (5) for “the time” to “expire” substitute “ a period specified in a special information notice under subsection (1B)(b) must not end, and a time so specified must not fall, ”.

Part 4 E+WRestriction on use of information

10(1)Section 43 of that Act (information notices) is amended as follows.E+W

(2)In subsection (8), for “other than an offence under this Act,” substitute “ , other than an offence under this Act or an offence within subsection (8A), ”.

(3)After that subsection insert—

(8A)The offences mentioned in subsection (8) are—

(a)an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath),

(b)an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath), or

(c)an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statutory declarations and other false unsworn statements).

(8B)Any relevant statement provided by a person in response to a requirement under this section may not be used in evidence against that person on a prosecution for any offence under this Act (other than an offence under section 47) unless in the proceedings—

(a)in giving evidence the person provides information inconsistent with it, and

(b)evidence relating to it is adduced, or a question relating to it is asked, by that person or on that person's behalf.

(8C)In subsection (8B) “relevant statement”, in relation to a requirement under this section, means—

(a)an oral statement, or

(b)a written statement made for the purposes of the requirement.

11(1)Section 44 of that Act (special information notices) is amended as follows.E+W

(2)In subsection (9), for “other than an offence under this Act,” substitute “ , other than an offence under this Act or an offence within subsection (9A), ”.

(3)After subsection (9) of that section insert—

(9A)The offences mentioned in subsection (9) are—

(a)an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath),

(b)an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath), or

(c)an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statutory declarations and other false unsworn statements).

(9B)Any relevant statement provided by a person in response to a requirement under this section may not be used in evidence against that person on a prosecution for any offence under this Act (other than an offence under section 47) unless in the proceedings—

(a)in giving evidence the person provides information inconsistent with it, and

(b)evidence relating to it is adduced, or a question relating to it is asked, by that person or on that person's behalf.

(9C)In subsection (9B) “relevant statement”, in relation to a requirement under this section, means—

(a)an oral statement, or

(b)a written statement made for the purposes of the requirement.

12(1)Paragraph 11 of Schedule 7 to that Act (miscellaneous exemptions: self incrimination) is amended as follows.E+W

(2)In sub-paragraph (1), for “other than an offence under this Act,” substitute “ , other than an offence under this Act or an offence within sub-paragraph (1A), ”.

(3)After that sub-paragraph insert—

(1A)The offences mentioned in sub-paragraph (1) are—

(a)an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath),

(b)an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath), or

(c)an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statutory declarations and other false unsworn statements).

Part 5 E+WMonetary penalties: restriction on matters to be taken into account

13In section 55A of that Act (power of Commissioner to impose monetary penalties), after subsection (3) insert—E+W

(3A)The Commissioner may not be satisfied as mentioned in subsection (1) by virtue of any matter which comes to the Commissioner's attention as a result of anything done in pursuance of—

(a)an assessment notice;

(b)an assessment under section 51(7).

Part 6 E+WWarrant for entry and inspection

14(1)Schedule 9 to that Act (powers of entry and inspection) is amended as follows.E+W

(2)After sub-paragraph (1) of paragraph 1 insert—

(1A)Sub-paragraph (1B) applies if a circuit judge or a District Judge (Magistrates' Courts) is satisfied by information on oath supplied by the Commissioner that a data controller has failed to comply with a requirement imposed by an assessment notice.

(1B)The judge may, for the purpose of enabling the Commissioner to determine whether the data controller has complied or is complying with the data protection principles, grant a warrant to the Commissioner in relation to any premises that were specified in the assessment notice; but this is subject to sub-paragraph (2) and paragraph 2.

(3)In sub-paragraph (3) of that paragraph—

(a)for “sub-paragraph (1)” substitute “ this Schedule ”, and

(b)for the words from “to enter” to the end substitute

(a)to enter the premises;

(b)to search the premises;

(c)to inspect, examine, operate and test any equipment found on the premises which is used or intended to be used for the processing of personal data;

(d)to inspect and seize any documents or other material found on the premises which—

(i)in the case of a warrant issued under sub-paragraph (1), may be such evidence as is mentioned in that paragraph;

(ii)in the case of a warrant issued under sub-paragraph (1B), may enable the Commissioner to determine whether the data controller has complied or is complying with the data protection principles;

(e)to require any person on the premises to provide an explanation of any document or other material found on the premises;

(f)to require any person on the premises to provide such other information as may reasonably be required for the purpose of determining whether the data controller has contravened, or is contravening, the data protection principles.

(4)After sub-paragraph (1) of paragraph 2 insert—

(1A)In determining whether the Commissioner has given an occupier the seven days' notice referred to in sub-paragraph (1)(a) any assessment notice served on the occupier is to be disregarded.

(5)In paragraph 5 for “evidence in question would not be found” substitute “ object of the warrant would be defeated ”.

(6)In paragraph 12, at the end of paragraph (b) insert—

(c)makes a statement in response to a requirement under paragraph (e) or (f) of paragraph 1(3) which that person knows to be false in a material respect, or

(d)recklessly makes a statement in response to such a requirement which is false in a material respect,.

(7)After paragraph 15 add—

Self-incriminationE+W

16An explanation given, or information provided, by a person in response to a requirement under paragraph (e) or (f) of paragraph 1(3) may only be used in evidence against that person—

(a)on a prosecution for an offence under—

(i)paragraph 12,

(ii)section 5 of the Perjury Act 1911 (false statements made otherwise than on oath),

(iii)section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath), or

(iv)Article 10 of the Perjury (Northern Ireland) Order 1979 (false statutory declarations and other false unsworn statements), or

(b)on a prosecution for any other offence where—

(i)in giving evidence that person makes a statement inconsistent with that explanation or information, and

(ii)evidence relating to that explanation or information is adduced, or a question relating to it is asked, by that person or on that person's behalf.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources