Higher Education and Research Act 2017

63 Cooperation and information sharing by the OfS E+W

(1) The OfS—

(a) may cooperate with any person where it considers it appropriate to do so for the efficient performance of a function of the OfS, and

(b) must cooperate with a person in the performance of such a function if required to do so by the Secretary of State.

(2) The OfS—

(a) may cooperate with a relevant person where it considers it appropriate to do so for the efficient performance of a relevant function of the relevant person, and

(b) must cooperate with a relevant person in the performance of such a function if required to do so by the Secretary of State.

(3) The OfS may provide information to any person if the disclosure is made for the purposes of the performance of a function of the OfS.

(4) The OfS may provide information to a relevant person if the disclosure is made for the purposes of the performance of a relevant function of the relevant person.

(5) Provision of information by the OfS which is authorised by this section does not breach—

(a) an obligation of confidence owed by the OfS, or

(b) any other restriction on the provision of information (however imposed).

(6) But nothing in this section authorises the OfS to provide information where doing so contravenes [F1 the data protection legislation] .

(7) In this section—

• [F2 “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);]

• “relevant person” means—

  (a)

  the Privy Council, or

  (b)

  a person prescribed by regulations made by the Secretary of State;

• “relevant function” means—

  (a)

  in relation to the Privy Council, any of its functions;

  (b)

  in relation to any other relevant person, a function prescribed by regulations made by the Secretary of State.

(8) Regulations under this section prescribing functions of a relevant person may prescribe all of the person's functions.

Textual Amendments

F1 Words in s. 63(6) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 213(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F2 Words in s. 63(7) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 213(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

Commencement Information

I1 S. 63 in force at 1.1.2018 by S.I. 2017/1146, reg. 2(h)