Children, Schools and Families Act 2010

Prospective

Section 19

SCHEDULE 1 E+W Amendments of Part 2 relating to sensitive personal information

1 This Part of this Act is amended as follows. E+W

2 The following provisions are omitted— E+W

(a) in section 13 (authorised news publications), subsection (4)(a)(ii) (but not the “or” after it);

(b) in section 16 (prohibiting or restricting publication for the purposes of section 13), subsection (3)(b) (but not the “or” after it);

(c) in section 17 (defences to contempt of court), subsection (4)(b)(ii) (but not the “or” after it);

(d) in section 21 (interpretation of Part)—

(i) in subsection (1), the definition of “sensitive personal information”;

(ii) subsection (4)(b);

(e) Schedule 2 (list of sensitive personal information).

3 In section 16 (prohibiting or restricting publication for purposes of section 13), for subsection (2) there is substituted— E+W

“(2) This subsection applies if the court considers that, despite the fact the publication satisfies Condition 3 in section 13, there is a real risk that in the absence of the prohibition or restriction the publication would—

(a) prejudice—

(i) the safety of any person,

(ii) the welfare of a child or vulnerable adult, or

(iii) the interests of justice in the proceedings in question, or

(b) be an unreasonable infringement of the privacy of any person.”