Education and Skills Act 2008

76 Supply of social security information relating to young persons E+W

F1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In this section “social security information” means personal information about a young person which is held for the purposes of functions relating to social security—

(a) by the Secretary of State, or

(b) by a person providing services to the Secretary of State in connection with the provision of those services.

[F2 (3) For the purposes of subsection (2), “ personal information ” in relation to a young person, means the person's name, address and date of birth.

(3A) The Secretary of State may make arrangements with a person for the supply of social security information for the purposes of the provision of services for young persons in pursuance of section 68 or 70(1)(b).

(3B) Social security information may be supplied to—

(a) the Secretary of State, or

(b) a person providing services to the Secretary of State under subsection (3A).

(3C) A person to whom social security information is supplied under subsection (3B) may supply the information to a [local authority] or other person involved in the provision of services for young persons or relevant young adults in pursuance of section 68 or 70(1)(b) for the purpose of the provision of those services.

(3D) Information supplied to a person in reliance on subsection (3C) or this subsection may be supplied in accordance with, or with arrangements made under, section 17(1).

(3E) Information supplied to a person in reliance on subsection (3B), (3C) or (3D) may be disclosed—

(a) for the purpose of the provision of services in pursuance of section 68 or 70(1)(b),

(b) for the purpose of enabling or assisting the exercise of any function of a [local authority] under Part 1,

(c) in accordance with any provision of, or made under, any other Act,

(d) in accordance with an order of a court or tribunal,

(e) for the purpose of actual or contemplated proceedings before a court or tribunal,

(f) with consent given by or on behalf of the person to whom the information relates, or

(g) in such a way as to prevent the identification of the person to whom it relates.

(4) It is an offence for a person to disclose restricted information otherwise than in accordance with this section.

(4A) For the purposes of subsection (4), “ restricted information ”, in relation to a person, means information that was disclosed to the person—

(a) in reliance on subsection (3B), (3C) or (3D), or

(b) in circumstances that constitute an offence under this section.]

(5) It is a defence for a person charged with an offence under this section relating to a disclosure to prove that the person reasonably believed that the disclosure was lawful.

(6) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 2 years, to a fine or to both, or

(b) on summary conviction, to imprisonment for a term not exceeding [F3 the general limit in a magistrates’ court] , to a fine not exceeding the statutory maximum, or to both.

(7) In subsection (6)(b) the reference to [F4 the general limit in a magistrates’ court] is to be read in relation to an offence committed before [F5 2 May 2022] as a reference to 6 months.

Textual Amendments

F1 S. 76(1) repealed (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 254(8), 269(4), Sch. 16 Pt. 10; S.I. 2009/3317, art. 2, Sch.

F2 S. 76(3)-(4A) substituted for s. 76(3)(4) (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 254(9), 269(4); S.I. 2009/3317, art. 2, Sch.

F3 Words in s. 76(6)(b) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

F4 Words in s. 76(7) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

F5 Words in s. 76(7) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1

Commencement Information

I1 S. 76 in force at 26.1.2009 by S.I. 2008/3077, art. 4(a)