Search Legislation

Digital Economy Act 2017

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Digital Economy Act 2017, Section 43. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

43Code of practiceE+W+S+N.I.

This section has no associated Explanatory Notes

(1)The [F1Secretary of State] must issue a code of practice about—

(a)the disclosure of information under any of sections 35 to 39, and

(b)the use of information disclosed under any of those sections.

(2)The code of practice must be consistent with the code of practice [F2prepared under section 121 of the Data Protection Act 2018 (data-sharing code) and issued under section 125(4) of that Act] (as altered or replaced from time to time).

(3)A person to whom the code applies must have regard to the code of practice—

(a)in disclosing information under any of sections 35 to 39, and

(b)in using information disclosed under any of those sections.

(4)The [F1Secretary of State] may from time to time revise and re-issue the code of practice.

(5)Before issuing or reissuing the code of practice the [F1Secretary of State] must consult—

(a)the Information Commissioner,

(b)the Commissioners for Her Majesty's Revenue and Customs,

(c)the Scottish Ministers,

(d)the Welsh Ministers,

(e)the Department of Finance in Northern Ireland, and

(f)such other persons as the [F1Secretary of State] thinks appropriate.

(6)The fact that this section was not in force when consultation of the kind mentioned in subsection (5) took place is to be disregarded in determining whether there has been compliance with that subsection.

(7)The [F1Secretary of State] may not issue the code of practice unless a draft of the code has been laid before, and approved by a resolution of, each House of Parliament.

(8)Before reissuing the code the [F1Secretary of State] must lay a draft of the code as proposed to be reissued before Parliament.

(9)The [F1Secretary of State] may not reissue the code if, within the 40-day period, either House of Parliament resolves not to approve it.

(10)In subsection (9) “the 40 day period” means—

(a)the period of 40 days beginning with the day on which the draft is laid before Parliament, or

(b)if the draft is not laid before each House on the same day, the period of 40 days beginning with the later of the days on which it is laid before Parliament.

(11)For the purposes of subsection (10) no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(12)As soon as is reasonably practicable after issuing or reissuing the code of practice the [F1Secretary of State] must lay, or arrange for the laying of, a copy of it before—

(a)the Scottish Parliament,

(b)the National Assembly for Wales, and

(c)the Northern Ireland Assembly.

(13)In disclosing information under any of sections 35 to 39, a person must have regard to the following codes of practice issued by the Information Commissioner under [F3section 128 of the Data Protection Act 2018], so far as they apply to the information in question—

(a)any code which makes provision about the identification and reduction of the risks to privacy of a proposal to disclose information;

(b)any code which makes provision about the information to be provided to data subjects (within the meaning of that Act) about the use to be made of information collected from them.

(14)The duty in subsection (13) does not affect any other requirement for the person to have regard to a code of practice in disclosing the information.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

C1Pt. 5 Ch. 1 functions cease to be exercisable concurrently (18.5.2018) by virtue of The Transfer of Functions (Digital Government) Order 2018 (S.I. 2018/526), arts. 1(2), 2 (with arts. 4, 5)

Commencement Information

I1S. 43 in force at 1.10.2017 for specified purposes for E.W.S. by S.I. 2017/765, reg. 3(e)

I2S. 43 in force at 1.4.2018 for specified purposes by S.I. 2018/342, reg. 3(1)(g)

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 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 enacted version 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

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