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(2) Personal information to which this section applies may not be disclosed—

(a) by P, or

(b) by any other person who has received it directly or indirectly from P.

(3) Subsection (2) does not apply to a disclosure which is made with the consent
5of the Commissioners for Her Majesty’s Revenue and Customs (which may be
general or specific).

(4) A person who contravenes subsection (2) is guilty of an offence.

(5) It is a defence for a person charged with an offence under subsection (4) to
prove that the person reasonably believed—

(a) 10that the disclosure was lawful, or

(b) that the information had already and lawfully been made available to
the public.

(6) Subsections (4) to (7) of section 19 of the Commissioners for Revenue and
Customs Act 2005 apply to an offence under subsection (4) as they apply to an
15offence under that section.

61 Code of practice

(1) The Statistics Board must issue a code of practice about—

(a) the disclosure of information under section 57,

(b) the processing of information under that section, and

(c) 20the holding or use of information disclosed under that section.

(2) The code of practice must be consistent with the code of practice issued under
section 52B (data-sharing code) of the Data Protection Act 1998 (as altered or
replaced from time to time).

(3) A public authority must have regard to the code of practice in disclosing or
25participating in the processing of information under section 57.

(4) A person who is accredited under section 62(1)(a) must have regard to the code
of practice in participating in the processing of information for disclosure
under section 57(1).

(5) A person who is accredited under section 62(1)(b) or (c) must have regard to
30the code of practice in holding or using information disclosed under section 57.

(6) The Statistics Board may from time to time revise and re-issue the code of
practice.

(7) Before issuing or reissuing the code of practice the Statistics Board must
consult—

(a) 35the Minister for the Cabinet Office,

(b) the Information Commissioner,

(c) the Commissioners for Her Majesty’s Revenue and Customs,

(d) the Scottish Ministers,

(e) the Welsh Ministers,

(f) 40the Department of Finance in Northern Ireland, and

(g) such other persons as the Statistics Board thinks appropriate.

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(8) The fact that this section was not in force when consultation of the kind
mentioned in subsection (7) took place is to be disregarded in determining
whether there has been compliance with that subsection.

(9) As soon as is reasonably practicable after issuing or reissuing the code of
5practice the Statistics Board must lay a copy of it before—

(a) Parliament,

(b) the Scottish Parliament,

(c) the National Assembly for Wales, and

(d) the Northern Ireland Assembly.

62 10Accreditation for the purposes of this Chapter

(1) The Statistics Board—

(a) may accredit a person as a person who may be involved in the
processing of information for disclosure under subsection (1) of section
57,

(b) 15may accredit a person as a person to whom information may be
disclosed under that subsection,

(c) may accredit a person as a person by whom information disclosed
under that subsection may be used for research purposes,

(d) may accredit research for the purposes of that section, and

(e) 20may withdraw accreditation given under any of paragraphs (a) to (d).

(2) The Statistics Board—

(a) must establish and publish conditions to be met by a person for
accreditation under subsection (1)(a), (b) or (c),

(b) must establish and publish conditions to be met by research for
25accreditation under subsection (1)(d), and

(c) must establish and publish grounds for the withdrawal of accreditation
under subsection (1)(e).

(3) The conditions established and published under subsection (2)(a) must, in the
case of a person seeking accreditation to be involved in the processing of
30information for disclosure under section 57(1), include a condition that the
person is a fit and proper person to be involved in such processing.

(4) The conditions established and published under subsection (2)(b) must include
a condition that the research is in the public interest.

(5) The grounds established and published under subsection (2)(c) must, in the
35case of a person accredited under this section, include the ground that the
person has failed to have regard to the code of practice under section 61.

(6) Before publishing conditions under subsection (2)(a) or (b) or grounds under
subsection (2)(c), the Statistics Board must consult—

(a) the Minister for the Cabinet Office,

(b) 40the Information Commissioner,

(c) the Commissioners for Her Majesty’s Revenue and Customs,

(d) the Scottish Ministers,

(e) the Welsh Ministers,

(f) the Department of Finance in Northern Ireland, and

(g) 45such other persons as the Statistics Board thinks appropriate.

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(7) The Statistics Board—

(a) may from time to time revise conditions or grounds published under
this section, and

(b) if it does so, must publish the conditions or grounds as revised.

(8) 5Subsection (6) applies in relation to the publication of conditions or grounds
under subsection (7) as it applies in relation to the publication of conditions or
grounds under subsection (2).

(9) The Statistics Board must maintain and publish—

(a) a register of persons who are accredited under subsection (1)(a),

(b) 10a register of persons who are accredited under subsection (1)(b), and

(c) a register of persons who are accredited under subsection (1)(c).

(10) A register under any of the paragraphs of subsection (9) may be combined with
a register under any of the other paragraph of that subsection.

(11) Anything required by this section to be published must be published in such
15manner as the Statistics Board thinks appropriate for bringing it to the
attention of persons likely to be affected by it.

63 Delegation of functions of Statistics Board

(1) The Statistics Board may delegate any of its functions under section 62 to
another person if the Board thinks that the person—

(a) 20is a fit and proper person to exercise the function in question, and

(b) has expertise in statistical research and analysis.

(2) Subsection (1) does not affect the operation of section 36 of the Statistics and
Registration Service Act 2007 (delegation of Board’s functions).

64 Interpretation of this Chapter

(1) 25In this Chapter—

  • “personal information” has the meaning given by section 57(11);

  • “public authority” means a person with functions of a public nature,
    subject to subsection (2);

  • “the Revenue and Customs” has the meaning given by section 17(3) of the
    30Commissioners for Revenue and Customs Act 2005.

(2) A person is not a public authority for the purposes of this Chapter if the
person—

(a) only has functions relating to the provision of health services,

(b) only has functions relating to the provision of adult social care, or

(c) 35only has functions within paragraph (a) and paragraph (b).

(3) The following are to be disregarded in determining whether subsection (2)
applies to a person—

(a) any power (however expressed) to do things which are incidental to the
carrying out of another function of that person;

(b) 40any function which the person exercises or may exercise on behalf of
another person.

(4) In this Chapter “health services” means—

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(a) services which must or may be provided as part of the health service as
defined by section 275(1) of the National Health Service Act 2006 or
section 206(1) of the National Health Service (Wales) Act 2006,

(b) services which must or may be provided as part of the health service as
5defined by section 108(1) of the National Health Service (Scotland) Act
1978, or

(c) services designed to secure any of the objects of section 2(1)(a) of the
Health and Social Care (Reform) Act (Northern Ireland) 2009.

(5) In this Chapter “adult social care” includes all forms of personal care and other
10practical assistance provided for individuals aged 18 or over who, by reason of
age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs,
or any other similar circumstances, are in need of such care or assistance.

(6) References in this Chapter to information which identifies a particular person
are to be read in accordance with section 57(12).

15CHAPTER 6 Her Majesty's Revenue and Customs

65 Disclosure of non-identifying information by HMRC

(1) A Revenue and Customs official may disclose to any person information held
by the Revenue and Customs in connection with a function of the Revenue and
20Customs if—

(a) the information is non-identifying information, and

(b) the official thinks that the disclosure would be in the public interest.

(2) Information is non-identifying information for the purposes of this section if—

(a) it is not, and has never been, identifying information, or

(b) 25it has been created by combining identifying information, but is not
itself identifying information.

(3) Information is identifying information for the purposes of this section if it
relates to a person whose identity—

(a) is specified in the information,

(b) 30can be deduced from the information, or

(c) can be deduced from the information taken together with any other
information.

(4) In this section—

(a) “Revenue and Customs official” has the meaning given by section
3518(4)(a) of the Commissioners for Revenue and Customs Act 2005,

(b) “the Revenue and Customs” has the meaning given by section 17(3) of
that Act, and

(c) “function of the Revenue and Customs” has the meaning given by
section 18(4)(c) of that Act.

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CHAPTER 7 Statistics

66 Disclosure of information by HMRC to the Statistics Board

(1) Section 45 of the Statistics and Registration Service Act 2007 (disclosure of
5HMRC information to the Statistics Board) is amended as follows.

(2) In subsection (2) omit “, other than its function under section 22 (statistical
services)”.

(3) After subsection (2) insert—

(2A) In determining whether the condition in subsection (2) is met the
10Commissioners must have regard to any views of the Board which have
been communicated to them.”

(4) In subsection (3) omit “, other than its function under section 22”.

(5) After that subsection insert—

(3A) Information disclosed under subsection (1) may not be used by the
15Board for the purposes of its function under section 22 (statistical
services) except with the consent of the Commissioners.”

(6) Omit subsection (5) (which prevents the disclosure of personal information not
relating to imports or exports).

67 Disclosure of information by public authorities to the Statistics Board

(1) 20The Statistics and Registration Service Act 2007 is amended as follows.

(2) After section 45 insert—

45A Information held by other public authorities

(1) A public authority to which this section applies may, subject to this
section, disclose to the Board any information held by the authority in
25connection with its functions.

(2) This section applies to a public authority other than—

(a) the Commissioners for Her Majesty’s Revenue and Customs, or

(b) an officer of Revenue and Customs.

(3) A public authority may disclose information under subsection (1) only
30if it is satisfied that the Board requires the information to enable it to
exercise one or more of its functions.

(4) In determining whether the condition in subsection (3) is met the public
authority must have regard to any views of the Board which have been
communicated to the authority.

(5) 35Information disclosed under subsection (1) may only be used by the
Board for the purposes of any one or more of its functions.

(6) Information disclosed under subsection (1) may not be used by the
Board for the purposes of its function under section 22 (statistical

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services) except with the consent of the public authority which
disclosed the information.

(7) Where personal information is disclosed by a public authority to the
Board under subsection (1), the Board may not disclose the information
5to an approved researcher under section 39(4)(i) except with the
consent of the public authority.

(8) A disclosure under subsection (1) does not breach—

(a) any obligation of confidence owed by the public authority
making the disclosure, or

(b) 10any other restriction on the disclosure of information (however
imposed).

(9) But subsection (1) does not authorise the making of a disclosure
which—

(a) contravenes the Data Protection Act 1998,

(b) 15is prohibited by Part 1 of the Regulation of Investigatory Powers
Act 2000, or

(c) contravenes directly applicable EU legislation or any enactment
to the extent that it implements EU legislation.

(10) This section does not limit the circumstances in which information may
20be disclosed apart from this section.”

(3) Omit—

(a) section 47 (power to authorise disclosure to the Board);

(b) section 48 (power to authorise disclosure to the Board: Scotland);

(c) section 49 (power to authorise disclosure to the Board: Northern
25Ireland).

(4) In section 54 (Data Protection Act 1998 and Human Rights Act 1998) for “47”
substitute “50”.

(5) In section 65 (orders and regulations)—

(a) in subsection (4) omit “47(11),”,

(b) 30in subsection (5)(b) omit “47,”,

(c) in subsection (6)(b) omit “48 or”, and

(d) in subsection (9)(c) omit “49 or”.

(6) In section 67 (general interpretation) for the definition of “enactment”
substitute—

  • 35““enactment” includes—

    (a)

    an enactment contained in subordinate legislation
    within the meaning of the Interpretation Act 1978;

    (b)

    an enactment contained in, or in an instrument made
    under, an Act of the Scottish Parliament;

    (c)

    40an enactment contained in, or in an instrument made
    under, a Measure or Act of the National Assembly for
    Wales;

    (d)

    an enactment contained in, or in an instrument made
    under, Northern Ireland legislation;”.

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68 Access to information by Statistics Board

After section 45A of the Statistics and Registration Service Act 2007  (inserted
by section 67) insert—

45B Access to information held by Crown bodies etc

(1) 5This section applies to—

(a) a public authority which is an emanation of the Crown or a
servant or agent of the Crown,

(b) the Bank of England (including in the exercise of its functions as
the Prudential Regulation Authority),

(c) 10a subsidiary undertaking of the Bank of England within the
meaning of the Companies Acts (see sections 1161 and 1162 of
the Companies Act 2006),

(d) the Financial Conduct Authority, and

(e) the Payment Systems Regulator established under section 40 of
15the Financial Services (Banking Reform) Act 2013.

(2) Subject to this section and section 45E, the Board has a right of access to
information which—

(a) is held by a public authority to which this section applies in
connection with its functions, and

(b) 20is required by the Board to enable it to exercise one or more of
its functions.

(3) Subsection (2) does not apply to information if the disclosure of that
information—

(a) would contravene the Data Protection Act 1998,

(b) 25would be prohibited by Part 1 of the Regulation of Investigatory
Powers Act 2000, or

(c) would contravene directly applicable EU legislation or any
enactment to the extent that it implements EU legislation.

(4) The right of access in subsection (2) is to be exercised in accordance
30with the following provisions of this section.

(5) The Board may, by notice in writing to the public authority, request the
authority to disclose the information to the Board.

(6) A notice under subsection (5) must—

(a) set out the Board’s reasons for requesting the information to be
35disclosed, and

(b) specify the date by which or the period within which the public
authority must respond to the request.

(7) The public authority must, by that date or within that period, provide
a response in writing to the Board which—

(a) 40indicates that it is willing to provide the information and gives
the date by which it will be provided, or

(b) indicates that it is not willing to provide the information and
gives reasons for not providing it.

(8) Subsection (9) applies if—

(a) 45the public authority fails to respond to the request in
accordance with subsection (7),

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(b) the public authority indicates that it is not willing to provide the
information requested, or

(c) the public authority has indicated that it is willing to provide
the information requested, but the Board considers that the
5public authority is failing to take reasonable steps to comply
with that request.

(9) The Board may lay the request and any response by the public
authority before the relevant legislature.

(10) In subsection (9) “the relevant legislature” means Parliament, subject as
10follows.

(11) The Scottish Parliament is the relevant legislature if the public
authority—

(a) is a part of the Scottish Administration, or

(b) is a Scottish public authority with mixed functions or no
15reserved functions (within the meaning of the Scotland Act
1998).

(12) The National Assembly for Wales is the relevant legislature if the public
authority is a Wales public authority as defined by section 157A of the
Government of Wales Act 2006.

(13) 20The Northern Ireland Assembly is the relevant legislature if—

(a) the public authority exercises functions only as regards
Northern Ireland, and

(b) its functions are wholly or mainly functions which relate to
transferred matters (within the meaning of the Northern Ireland
25Act 1998).

(14) This section does not apply to—

(a) Her Majesty in Her private capacity,

(b) Her Majesty in right of the Duchy of Lancaster, or

(c) the Duke of Cornwall.

(15) 30Until the coming into force of section 12 of the Bank of England and
Financial Services Act 2016 subsection (1)(b) has effect as if the words
in brackets were omitted.

45C Power to require disclosures by other public authorities

(1) This section applies to a public authority to which section 45B does not
35apply (other than one within subsection (14) of that section).

(2) Subject to this section and section 45E, the Board may, by notice in
writing to a public authority to which this section applies, require the
authority to disclose to the Board information which—

(a) is held by the authority in connection with its functions, and

(b) 40is specified, or is of a kind specified, in the notice.

(3) A notice under subsection (2) may require information to be disclosed
on more than one date specified in the notice within a period specified
in the notice.

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(4) A notice under subsection (2) other than one within subsection (3) must
specify the date by which or the period within which the information
must be disclosed.

(5) A notice under subsection (2) may specify the form or manner in which
5the information to which it relates must be disclosed.

(6) A notice under subsection (2) may require the public authority to
consult the Board before making changes to—

(a) its processes for collecting, organising, storing or retrieving the
information to which the notice relates, or

(b) 10its processes for supplying such information to the Board.

(7) The reference in subsection (6) to making changes to a process includes
introducing or removing a process.

(8) The Board may give a notice under subsection (2) only if the Board
requires the information to which the notice relates to enable it to
15exercise one or more of its functions.

(9) The Board must obtain the consent of the Scottish Ministers before
giving a notice under subsection (2) to a public authority which is a
Scottish public authority with mixed functions or no reserved functions
(within the meaning of the Scotland Act 1998).

(10) 20The Board must obtain the consent of the Welsh Ministers before giving
a notice under subsection (2) to a public authority which is a Wales
public authority as defined by section 157A of the Government of
Wales Act 2006.

(11) The Board must obtain the consent of the Department of Finance in
25Northern Ireland before giving a notice under subsection (2) to a public
authority if—

(a) the public authority exercises functions only as regards
Northern Ireland, and

(b) its functions are wholly or mainly functions which relate to
30transferred matters (within the meaning of the Northern Ireland
Act 1998).

(12) A public authority to which a notice under subsection (2) is given must
comply with it.

(13) But the public authority need not comply with the notice if
35compliance—

(a) might prejudice national security,

(b) would contravene the Data Protection Act 1998,

(c) would be prohibited by Part 1 of the Regulation of Investigatory
Powers Act 2000, or

(d) 40would contravene directly applicable EU legislation or any
enactment to the extent that it implements EU legislation.

45D Power to require disclosure by undertakings

(1) Subject to this section and section 45E, the Board may, by notice in
writing to an undertaking, require the undertaking to disclose to the
45Board information which—

(a) is held by the undertaking, and

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(b) is specified, or is of a kind specified, in the notice.

(2) A notice under subsection (1) may require information to be disclosed
on more than one date specified in the notice within a period specified
in the notice.

(3) 5A notice under subsection (1) other than one within subsection (2) must
specify the date by which or the period within which the information
must be disclosed.

(4) A notice under subsection (1) may specify the form or manner in which
the information to which it relates must be disclosed.

(5) 10A notice under subsection (1) may require the undertaking to consult
the Board before making changes to—

(a) its processes for collecting, organising, storing or retrieving the
information to which the notice relates, or

(b) its processes for supplying such information to the Board.

(6) 15The reference in subsection (5) to making changes to a process includes
introducing or removing a process.

(7) The Board may give a notice under subsection (1) only if the Board
requires the information to which the notice relates to enable it to
exercise one or more of its functions.

(8) 20An undertaking to which a notice under subsection (1) is given must
comply with it.

(9) But the undertaking need not comply with the notice if compliance—

(a) might prejudice national security,

(b) would contravene the Data Protection Act 1998, or

(c) 25would be prohibited by Part 1 of the Regulation of Investigatory
Powers Act 2000.

(10) Subject to subsection (12), in this section “undertaking” means—

(a) any person carrying on a trade or business, whether or not with
a view to profit, or

(b) 30any charity.

(11) In subsection (10) “charity” means a body, or the trustees of a trust,
established for charitable purposes only.

(12) The following are not undertakings for the purposes of this section—

(a) a public authority;

(b) 35a micro business;

(c) a small business.

(13) Section 33 of the Small Business, Enterprise and Employment Act 2015
(definitions of small and micro business) and regulations made under
that section apply in relation to subsection (12) as they apply in relation
40to subordinate legislation within subsection (1) of that section.

45E Further provisions about powers in sections 45B, 45C and 45D

(1) Information disclosed under section 45B, 45C or 45D may only be used
by the Board for the purposes of any one or more of its functions.