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The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004
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- UK Statutory Instruments
- 2004 No. 693
- Explanatory Note
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Explanatory Note
(This note is not part of the Order)
This Order specifies subordinate legislation for the purposes of sections 238 and 241 of the Enterprise Act 2002. As a result the provisions of Part 9 of the Enterprise Act apply to information obtained by a public authority under the legislation set out in the Schedule.
Section 238 defines “specified information” for the purposes of Part 9 of the Act. “Specified information” is information which comes to a public authority in connection with the exercise of any function it has under or by virtue of, amongst other things, enactments specified in Schedule 14 and such subordinate legislation as specified by Order of the Secretary of State. “Specified information” is subject to the restrictions and permitted disclosures set out in Part 9 of the Act.
Section 241 of the Act provides that a public authority may disclose “specified information” to another person for the purposes of facilitating the exercise of any functions he has under or by virtue of the Act itself, enactments specified in Schedule 15 or such subordinate legislation as specified by Order of the Secretary of State.
The Order also makes consequential amendments.
A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.
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