PART 5Digital government
CHAPTER 1Public service delivery
35Disclosure of information to improve public service delivery
(1)
A specified person may disclose information held by the person in connection with any of the person's functions to another specified person for the purposes of an objective which is a specified objective in relation to each of those persons.
(2)
In this section “specified person” means a person specified, or of a description specified, in Schedule 4.
F1(2A)
Where in Schedule 4 functions are mentioned in relation to a specified person, the reference in subsection (1) to the person’s functions is limited to the person’s functions as mentioned in Schedule 4.
(3)
The appropriate national authority may by regulations amend Schedule 4 so as to add, remove or modify an entry relating to a person or description of person.
(4)
Regulations under subsection (3) may add an entry relating to a person or a description of person to Schedule 4 only if—
(a)
the person is a public authority or (as the case may be) each person of that description is a public authority, or
(b)
the person provides services to a public authority or (as the case may be) each person of that description provides services to a public authority.
(5)
In the case of a person (“P”) who is a specified person merely because of providing services to a public authority, the reference in subsection (1) to the functions of a specified person is limited to the functions P exercises for that purpose.
(6)
In determining whether to make regulations under subsection (3) in relation to a person or description of person the appropriate national authority must have regard, in particular, to—
(a)
the systems and procedures for the secure handling of information by that person or persons of that description, and
(b)
in the case of regulations which remove a person from Schedule 4 whether that person, or any person providing services to that person, has had regard to the code of practice under section 43 as required by that section.
(7)
In this section “specified objective”, in relation to a specified person, means an objective specified in relation to that specified person in regulations made by the appropriate national authority.
(8)
An objective may be specified by regulations under subsection (7) only if it complies with the following conditions.
(9)
The first condition is that the objective has as its purpose—
(a)
the improvement or targeting of a public service provided to individuals F2, households or undertakings, or
(b)
the facilitation of the provision of a benefit (whether or not financial) to individuals F3, households or undertakings.
(10)
The second condition is that the objective has as its purpose
(b)
the assisting of undertakings in connection with any trade, business or charitable purpose.
(11)
The reference in subsection (10) to the well-being of individuals or households includes—
(a)
their physical and mental health and emotional well-being,
(b)
the contribution made by them to society, and
(c)
their social and economic well-being.
(12)
The third condition is that the objective has as its purpose the supporting of—
(a)
the delivery of a specified person's functions, or
(b)
the administration, monitoring or enforcement of a specified person's functions.
F6(13)
In this section “undertaking” means—
(a)
any person, other than a public authority, carrying on a trade or business, whether or not with a view to profit, or
(b)
any body, or the trustees of a trust, established for charitable purposes only.
(14)
In this section, in so far as it forms part of the law of Scotland or Northern Ireland, “charitable purpose” has the same meaning as it has in the law of England and Wales (see section 2 of the Charities Act 2011).