SCHEDULES

SCHEDULE 2Abolition of disclosure powers

Section 12(1)

Health and Safety at Work etc. Act 1974

F11

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Criminal Justice Act 1987

F12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consumer Protection Act 1987

F13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Environmental Protection Act 1990

F14

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Social Security Administration Act 1992

5

In section 109B of the Social Security Administration Act 1992 (power to require information)—

(a)

in subsection (2A) omit paragraph (j),

(b)

in subsection (2E) for the words from “for” to the end of the subsection substitute “ so as to secure the disclosure by a telecommunications operator or postal operator of communications data without the consent of the operator. ”,

(c)

omit subsection (2F), and

(d)

in subsection (7)—

(i)

after the definition of “bank” insert—

““communications data” has the same meaning as in the Investigatory Powers Act 2016 (see sections 261 and 262 of that Act);”,

(ii)

after the definition of “insurer” insert—

““postal operator” has the same meaning as in the Investigatory Powers Act 2016 (see section 262 of that Act);”, and

(iii)

for the definition of “telecommunications service” substitute—

““telecommunications operator” has the same meaning as in the Investigatory Powers Act 2016 (see section 261 of that Act).”

6

In section 109C of the Social Security Administration Act 1992 (powers of entry) for subsection (6) substitute—

“(6)

Subsections (2E) and (5) of section 109B apply for the purposes of this section as they apply for the purposes of that section.”

Social Security Administration (Northern Ireland) Act 1992

7

In section 103B of the Social Security Administration (Northern Ireland) Act 1992 (power to require information)—

(a)

in subsection (2A) omit paragraph (i),

(b)

in subsection (2E) for the words from “for” to the end of the subsection substitute “ so as to secure the disclosure by a telecommunications operator or postal operator of communications data without the consent of the operator. ”,

(c)

omit subsection (2F), and

(d)

in subsection (7)—

(i)

after the definition of “bank” insert—

““communications data” has the same meaning as in the Investigatory Powers Act 2016 (see sections 261 and 262 of that Act);”,

(ii)

after the definition of “insurer” insert—

““postal operator” has the same meaning as in the Investigatory Powers Act 2016 (see section 262 of that Act);”, and

(iii)

for the definition of “telecommunications service” substitute—

““telecommunications operator” has the same meaning as in the Investigatory Powers Act 2016 (see section 261 of that Act).”

8

In section 103C of the Social Security Administration (Northern Ireland) Act 1992 (powers of entry) for subsection (6) substitute—

“(6)

Subsections (2E) and (5) of section 103B apply for the purposes of this section as they apply for the purposes of that section.”

Financial Services and Markets Act 2000

F29

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Finance Act 2008

F310

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Prevention of Social Housing Fraud (Power to Require Information) (England) Regulations 2014 (S.I. 2014/899)

11

In regulation 4 of the Prevention of Social Housing Fraud (Power to Require Information) (England) Regulations 2014 (power to require information from persons who provide telecommunications services etc.)—

(a)

omit sub-paragraph (f) of paragraph (3),

(b)

in sub-paragraph (g) of that paragraph for “(f)” substitute “ (e) ”,

(c)

omit paragraphs (6) and (7),

(d)

after paragraph (10) insert—

“(10A)

Nothing in this regulation is to be read as enabling a person to secure the disclosure by a telecommunications operator or postal operator of communications data without the consent of the operator.”, and

(e)

in paragraph (11)—

(i)

after the definition of “bank” insert—

““communications data” has the same meaning as in the Investigatory Powers Act 2016 (see sections 261 and 262 of that Act);”,

(ii)

after the definition of “family” insert—

““postal operator” has the same meaning as in the Investigatory Powers Act 2016 (see section 262 of that Act);”, and

(iii)

for the definition of “telecommunications service” substitute—

““telecommunications operator” has the same meaning as in the Investigatory Powers Act 2016 (see section 261 of that Act).”