Part 9

Information

Restrictions on disclosure

Information
238
1
Information is specified information if it comes to a public authority in connection with the exercise of any function it has under or by virtue of—
a
Part 1, 3, 4, 6 or 7;
b
an enactment specified in Schedule 14;
c
such subordinate legislation as the Secretary of State may by order specify for the purposes of this subsection.
2
It is immaterial whether information comes to a public authority before or after the passing of this Act.
3
Public authority (except in the expression “overseas public authority”) must be construed in accordance with section 6 of the Human Rights Act 1998 (c. 42).
4
In subsection (1) the reference to an enactment includes a reference to an enactment contained in—
a
an Act of the Scottish Parliament;
b
Northern Ireland legislation;
c
subordinate legislation.
5
The Secretary of State may by order amend Schedule 14.
6
The power to make an order under subsection (5) includes power to add, vary or remove a reference to any provision of—
a
an Act of the Scottish Parliament;
b
Northern Ireland legislation.
7
An order under this section must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
8
This section applies for the purposes of this Part.
Pt. 9 applied (N.I.) (1.4.2003) by The Energy (Northern Ireland) Order 2003 (S.I. 2003/419) (N.I. 6), art. 63; S.R. 2003/203, art. 2, Sch.
Pt. 9 applied (20.6.2003) by S.I. 1990/1715, reg. 5 (as inserted by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 2, Sch. para. 17(5))
Pt. 9 (ss. 237-247) modified (prosp.) by Consumers, Estate Agents and Redress Act 2007 (c. 17), ss. 29(3)-(7), 66 (with s. 6(9))
Pt. 9 modified (1.10.2008) by Consumers, Estate Agents and Redress Act 2007 (c. 17), s. 29(3)-(7), 66(2) (with s. 6(9)); S.I. 2008/2550, art. 2, Sch.
Pt. 9 restricted (2.3.2009) by The Payment Services Regulations 2009 (S.I. 2009/209), regs. 1(2)(a), 119(3) (with reg. 3)
Pt. 9 applied (1.5.2009 for specified purposes, 1.11.2009 in so far as not already in force) by The Payment Services Regulations 2009 (S.I. 2009/209), reg. 1(2)(b)(c), 107 (with reg. 3)
Pt. 9 modified (13.8.2017) by The Payment Services Regulations 2017 (S.I. 2017/752), regs. 1(2)(a), 147(3) (with reg. 3)
Words in s. 238(1)(a) substituted (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 18 para. 5 (with Sch. 19); S.I. 2025/272, reg. 2(1)(9)