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61 Provisions supplementary to section 60

(1) A disclosure under section 60 does not breach—

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

(b) 5any other restriction on the disclosure of information (however
imposed).

(2) But nothing in section 60 authorises information to be disclosed if to do so
would—

(a) contravene the Data Protection Act 1998, or

(b) 10be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the
Investigatory Powers Act 2016.

(3) Until the repeal of Part 1 of the Regulation of Investigatory Powers Act 2000 by
paragraphs 45 and 54 of Schedule 10 to the Investigatory Powers Act 2016 is
fully in force, subsection (2)(b) has effect as if it included a reference to that
15Part.

(4) In its application to a public authority with functions relating to the provision
of health services or adult social care, section 60 does not authorise the
disclosure of information held by the authority in connection with such
functions.

(5) 20Section 60 does not limit the circumstances in which information may be
disclosed apart from that section.

(6) A person within subsection (7) may charge a person who requests information
to be disclosed under section 60(1) a fee for work done in response to the
request.

(7) 25The persons mentioned in subsection (6) are—

(a) the public authority to whom the request is made, and

(b) a person who is involved in processing the information for disclosure.

(8) A fee charged under subsection (6) by a public authority (including a person
within subsection (7)(b) who is a public authority) must not exceed the cost to
30the person of doing the work for which the fee is charged.

62 Bar on further disclosure of personal information

(1) Subsection (2) applies to personal information—

(a) in which the identity of a particular person is specified or from which
the identity of a particular person can be deduced, whether from the
35information itself or from that information taken together with any
other published information, and

(b) which is received by a person (“P”) under section 60(1) (disclosure for
research purposes).

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

(a) 40by 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—

(a) to a person by whom the research referred to in section 60(1) is being or
is to be carried out, or

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(b) by a person by whom such research is being or has been carried out—

(i) for the purposes of enabling anything that is to be published as
a result of the research to be reviewed before publication, and

(ii) to a person who is accredited under section 67 as a person to
5whom such information may be disclosed for that purpose.

(4) Subsection (5) applies to personal information which—

(a) identifies a particular person, and

(b) is received by a person (“P”) under section 60(5) (disclosure for
processing).

(5) 10Personal information to which this subsection applies may not be disclosed—

(a) by P, or

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

(6) Subsection (5) does not apply to a disclosure—

(a) under section 60(1) or (5), or

(b) 15of information previously disclosed under section 60(1), where the
disclosure is made by—

(i) the person to whom the information was disclosed under that
provision, or

(ii) any person who has received the information directly or
20indirectly from the person mentioned in sub-paragraph (i),

(but subsection (2) may apply to such a disclosure).

(7) Subsection (2) or (5) does not apply to a disclosure—

(a) which is required or permitted by any enactment,

(b) which is required by an EU obligation,

(c) 25which is made in pursuance of an order of the court,

(d) of information which has already lawfully been made available to the
public,

(e) which is made for the prevention or detection of crime or the
prevention of anti-social behaviour,

(f) 30which is made for the purposes of a criminal investigation,

(g) which is made for the purposes of legal proceedings (whether civil or
criminal),

(h) which is a protected disclosure for any of the purposes of the
Employment Rights Act 1996 or the Employment Rights (Northern
35Ireland) Order 1996 (SI 1996/1919 (NI 16)),

(i) consisting of the publication of information for the purposes of
journalism, where the publication of the information is in the public
interest, or

(j) which is made with the consent of the person to whom it relates.

(8) 40In subsection (7)(a) “enactment” includes—

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

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

(c) 45an enactment contained in, or in an instrument made under, Northern
Ireland legislation;

(d) an enactment contained in subordinate legislation within the meaning
of the Interpretation Act 1978.

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(9) In subsection (7)(e) “anti-social behaviour” means conduct that—

(a) is likely to cause harassment, alarm or distress to any person, or

(b) is capable of causing nuisance or annoyance to a person in relation to
that person’s occupation of residential premises.

(10) 5A person commits an offence if—

(a) the person discloses personal information in contravention of
subsection (2) or (5), and

(b) at the time that the person makes the disclosure, the person knows that
the disclosure contravenes that subsection or is reckless as to whether
10the disclosure does so.

(11) A person who is guilty of an offence under subsection (10) is liable on
conviction on indictment to imprisonment for a term not exceeding two years,
to a fine or to both.

(12) A person who is guilty of an offence under subsection (10) is liable on summary
15conviction—

(a) in England and Wales, to imprisonment for a term not exceeding 12
months, to a fine or to both;

(b) in Scotland, to imprisonment for a term not exceeding 12 months, to a
fine not exceeding the statutory maximum or to both;

(c) 20in Northern Ireland, to imprisonment for a term not exceeding 6
months, to a fine not exceeding the statutory maximum or to both.

(13) In the application of subsection (12)(a) to an offence committed before the
coming into force of section 154(1) of the Criminal Justice Act 2003 the
reference to 12 months is to be read as a reference to 6 months.

(14) 25This section does not apply to personal information disclosed under section
60(1) or (5) by the Revenue and Customs, the Welsh Revenue Authority or
Revenue Scotland.

63 Information disclosed by the Revenue and Customs

(1) Subsection (2) applies to personal information—

(a) 30in which the identity of a particular person is specified or from which
the identity of a particular person can be deduced, whether from the
information itself or from that information taken together with any
other published information, and

(b) which—

(i) 35is disclosed under section 60(1) (disclosure for research
purposes) by the Revenue and Customs, or

(ii) is disclosed under section 60(1) by a person other than the
Revenue and Customs and is derived from information
disclosed under section 60(5) by the Revenue and Customs,

40and is received by a person (“P”) under section 60(1).

(2) Personal information to which this subsection applies may not be disclosed by
P.

(3) Subsection (2) does not apply to a disclosure—

(a) to a person by whom the research referred to in section 60(1) is being or
45is to be carried out, or

(b) by a person by whom such research is being or has been carried out—

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(i) for the purposes of enabling anything that is to be published as
a result of the research to be reviewed before publication, and

(ii) to a person who is accredited under section 67 as a person to
whom such information may be disclosed for that purpose.

(4) 5Subsection (5) applies to personal information which—

(a) identifies a particular person, and

(b) is disclosed by the Revenue and Customs under section 60(5)
(disclosure for processing) and received by a person (“P”).

(5) Personal information to which this subsection applies may not be disclosed—

(a) 10by P, or

(b) by any other person who has received it under section 60(5).

(6) Subsection (5) does not apply to a disclosure under section 60(1).

(7) Subsection (2) or (5) does not apply to a disclosure which is made with the
consent of the Commissioners for Her Majesty’s Revenue and Customs (which
15may be general or specific).

(8) A person who contravenes subsection (2) or (5) is guilty of an offence.

(9) It is a defence for a person charged with an offence under subsection (8) to
prove that the person reasonably believed—

(a) that the disclosure was lawful, or

(b) 20that the information had already and lawfully been made available to
the public.

(10) Subsections (4) to (7) of section 19 of the Commissioners for Revenue and
Customs Act 2005 apply to an offence under subsection (8) as they apply to an
offence under that section.

64 25Information disclosed by the Welsh Revenue Authority

(1) Subsection (2) applies to personal information—

(a) in which the identity of a particular person is specified or from which
the identity of a particular person can be deduced, whether from the
information itself or from that information taken together with any
30other published information, and

(b) which—

(i) is disclosed under section 60(1) (disclosure for research
purposes) by the Welsh Revenue Authority, or

(ii) is disclosed under section 60(1) by a person other than the
35Welsh Revenue Authority and is derived from information
disclosed under section 60(5) by the Welsh Revenue Authority,

and is received by a person (“P”) under section 60(1).

(2) Personal information to which this subsection applies may not be disclosed by
P.

(3) 40Subsection (2) does not apply to a disclosure—

(a) to a person by whom the research referred to in section 60(1) is being or
is to be carried out, or

(b) by a person by whom such research is being or has been carried out—

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(i) for the purposes of enabling anything that is to be published as
a result of the research to be reviewed before publication, and

(ii) to a person who is accredited under section 67 as a person to
whom such information may be disclosed for that purpose.

(4) 5Subsection (5) applies to personal information which—

(a) identifies a particular person, and

(b) is disclosed by the Welsh Revenue Authority under section 60(5)
(disclosure for processing) and received by a person (“P”).

(5) Personal information to which this subsection applies may not be disclosed—

(a) 10by P, or

(b) by any other person who has received it under section 60(5).

(6) Subsection (5) does not apply to a disclosure under section 60(1).

(7) Subsection (2) or (5) does not apply to a disclosure which is made with the
consent of the Welsh Revenue Authority (which may be general or specific).

(8) 15A person who contravenes subsection (2) or (5) is guilty of an offence.

(9) It is a defence for a person charged with an offence under subsection (8) to
prove that the person reasonably believed—

(a) that the disclosure was lawful, or

(b) that the information had already and lawfully been made available to
20the public.

(10) A person who is guilty of an offence under subsection (8) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12
months, to a fine, or to both;

(b) on conviction on indictment to imprisonment for a term not exceeding
25two years, to a fine or to both.

(11) In the application of subsection (10)(a) to an offence committed before the
coming into force of section 154(1) of the Criminal Justice Act 2003 the
reference to 12 months is to be read as a reference to 6 months.

65 Information disclosed by Revenue Scotland

(1) 30Subsection (2) applies to personal information—

(a) in which the identity of a particular person is specified or from which
the identity of a particular person can be deduced, whether from the
information itself or from that information taken together with any
other published information, and

(b) 35which—

(i) is disclosed under section 60(1) (disclosure for research
purposes) by Revenue Scotland, or

(ii) is disclosed under section 60(1) by a person other than Revenue
Scotland and is derived from information disclosed under
40section 60(5) by Revenue Scotland,

and is received by a person (“P”) under section 60(1).

(2) Personal information to which this subsection applies may not be disclosed by
P.

(3) Subsection (2) does not apply to a disclosure—

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(a) to a person by whom the research referred to in section 60(1) is being or
is to be carried out, or

(b) by a person by whom such research is being or has been carried out—

(i) for the purposes of enabling anything that is to be published as
5a result of the research to be reviewed before publication, and

(ii) to a person who is accredited under section 67 as a person to
whom such information may be disclosed for that purpose.

(4) Subsection (5) applies to personal information which—

(a) identifies a particular person, and

(b) 10is disclosed by Revenue Scotland under section 60(5) (disclosure for
processing) and received by a person (“P”).

(5) Personal information to which this subsection applies may not be disclosed—

(a) by P, or

(b) by any other person who has received it under section 60(5).

(6) 15Subsection (5) does not apply to a disclosure under section 60(1).

(7) Subsection (2) or (5) does not apply to a disclosure which is made with the
consent of Revenue Scotland (which may be general or specific).

(8) A person who contravenes subsection (2) or (5) is guilty of an offence.

(9) It is a defence for a person charged with an offence under subsection (8) to
20prove that the person reasonably believed—

(a) that the disclosure was lawful, or

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

(10) A person who is guilty of an offence under subsection (8) is liable—

(a) 25on summary conviction, to imprisonment for a term not exceeding 12
months, to a fine not exceeding the statutory maximum or to both;

(b) on conviction on indictment to imprisonment for a term not exceeding
two years, to a fine or to both.

66 Code of practice

(1) 30The Statistics Board must issue a code of practice about—

(a) the disclosure of personal information under section 60,

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

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

(2) The code of practice must be consistent with the code of practice issued under
35section 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
personal information or participating in the processing of information under
section 60.

(4) 40A person who is accredited under section 67(1)(a) must have regard to the code
of practice in participating in the processing of information for disclosure
under section 60(1).

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(5) A person who is accredited under section 67(1)(b), (c) or (d) must have regard
to the code of practice in holding or using personal information disclosed
under section 60.

(6) The Statistics Board may from time to time revise and re-issue the code of
5practice.

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

(a) the Minister for the Cabinet Office,

(b) the Information Commissioner,

(c) 10the 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) such other persons as the Statistics Board thinks appropriate.

(8) 15The 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
practice the Statistics Board must lay a copy of it before—

(a) 20Parliament,

(b) the Scottish Parliament,

(c) the National Assembly for Wales, and

(d) the Northern Ireland Assembly.

67 Accreditation for the purposes of this Chapter

(1) 25The 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
60,

(b) may accredit a person as a person to whom information may be
30disclosed 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 a person as a person to whom such information may be
disclosed for the purposes of a review of the kind mentioned in section
3562(3)(b), 63(3)(b), 64(3)(b) or 65(3)(b),

(e) may accredit research for the purposes of section 60, and

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

(2) The Statistics Board—

(a) must establish and publish conditions to be met by a person for
40accreditation under subsection (1)(a), (b), (c) or (e),

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

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

(3) 45The conditions established and published under subsection (2)(a) must, in the
case of a person seeking accreditation to be involved in the processing of

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information for disclosure under section 60(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) 5The grounds established and published under subsection (2)(c) must, in the
case 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 66.

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

(a) 10the 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) 15the Department of Finance in Northern Ireland, and

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

(7) The Statistics Board—

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

(b) 20if it does so, must publish the conditions or grounds as revised.

(8) Subsection (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) 25a register of persons who are accredited under subsection (1)(a),

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

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

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

(10) A register under any of the paragraphs of subsection (9) may be combined with
30a register under any of the other paragraph of that subsection.

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

68 Delegation of functions of Statistics Board

(1) 35The Statistics Board may delegate any of its functions under section 67 to
another person if the Board thinks that the person—

(a) is 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
40Registration Service Act 2007 (delegation of Board’s functions).

69 Interpretation of this Chapter

(1) In this Chapter—

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  • “personal information” has the meaning given by section 60(12);

  • “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
    5Commissioners 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) 10only 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) 15any function which the person exercises or may exercise on behalf of
another person.

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

(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
20section 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
defined 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
25Health and Social Care (Reform) Act (Northern Ireland) 2009.

(5) In this Chapter “adult social care” includes all forms of personal care and other
practical 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) 30References in this Chapter to information which identifies a particular person
are to be read in accordance with section 60(13).

CHAPTER 6 Her Majesty's Revenue and Customs

70 Disclosure of non-identifying information by HMRC

(1) 35A 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
Customs if—

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

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

(2) 40Information is non-identifying information for the purposes of this section if—

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

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

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(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) can be deduced from the information, or

(c) 5can 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
18(4)(a) of the Commissioners for Revenue and Customs Act 2005,

(b) 10“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.

CHAPTER 7 15Statistics

71 Disclosure of information by HMRC to the Statistics Board

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

(2) In subsection (2) omit “, other than its function under section 22 (statistical
20services)”.

(3) After subsection (2) insert—

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

(4) 25In 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
Board for the purposes of its function under section 22 (statistical
services) except with the consent of the Commissioners.”

(6) 30Omit subsection (5) (which prevents the disclosure of personal information not
relating to imports or exports).

72 Disclosure of information by public authorities to the Statistics Board

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

(2) After section 45 insert—

45A 35Information 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
connection with its functions.

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