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(5) Subsections (4) to (7) of section 19 of the Commissioners for Revenue and
Customs Act 2005 apply to an offence under subsection (3) as they apply to an
offence under that section.

63 Code of practice

(1) 5The relevant Minister must issue a code of practice about—

(a) the disclosure of information under section 59, and

(b) the 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
10replaced from time to time).

(3) A specified person must have regard to the code of practice in—

(a) disclosing information under section 59, and

(b) using information disclosed under that section.

(4) The relevant Minister may from time to time revise and re-issue the code of
15practice.

(5) Before issuing or reissuing the code of practice the relevant Minister must
consult—

(a) the Information Commissioner,

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

(c) 20the Scottish Ministers,

(d) the Welsh Ministers,

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

(f) such other persons as the relevant Minister thinks appropriate.

(6) The fact that this section was not in force when consultation of the kind
25mentioned in subsection (5) took place is to be disregarded in determining
whether there has been compliance with that subsection.

(7) The relevant Minister may not issue the code of practice unless a draft of the
code has been laid before, and approved by a resolution of, each House of
Parliament.

(8) 30Before reissuing the code the relevant Minister must lay a draft of the code as
proposed to be reissued before Parliament.

(9) The relevant Minister may not reissue the code if, within the 40-day period,
either House of Parliament resolves not to approve it.

(10) In subsection (9) “the 40 day period” means—

(a) 35the period of 40 days beginning with the day on which the draft is laid
before Parliament, or

(b) if the draft is not laid before each House on the same day, the period of
40 days beginning with the later of the days on which it is laid before
Parliament.

(11) 40For the purposes of subsection (10) no account is to be taken of any period
during which Parliament is dissolved or prorogued or during which both
Houses are adjourned for more than four days.

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(12) As soon as is reasonably practicable after issuing or reissuing the code of
practice the relevant Minister must lay, or arrange for the laying of, a copy of
it before—

(a) the Scottish Parliament,

(b) 5the National Assembly for Wales, and

(c) the Northern Ireland Assembly.

(13) In disclosing information under section 59, a person must have regard to the
following codes of practice issued by the Information Commissioner under
section 51(3) of the Data Protection Act 1998, so far as they apply to the
10information in question—

(a) any code which makes provision about the identification and reduction
of the risks to privacy of a proposal to disclose information;

(b) any code which makes provision about the information to be provided
to data subjects (within the meaning of that Act) about the use to be
15made of information collected from them.

(14) The duty in subsection (13) does not affect any other requirement for the
person to have regard to a code of practice in disclosing the information.

64 Duty to review operation of Chapter

(1) As soon as is reasonably practicable after the end of three years beginning with
20the day on which this Chapter comes into force, the relevant Minister must
review its operation for the purposes of deciding whether it should be
amended or repealed.

(2) Before carrying out the review the relevant Minister must publish the criteria
by reference to which that determination will be made.

(3) 25In carrying out the review the relevant Minister must consult—

(a) the Information Commissioner,

(b) the Scottish Ministers,

(c) the Welsh Ministers,

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

(e) 30such other persons as the relevant Minister thinks appropriate.

(4) Once the review is completed the relevant Minister must—

(a) publish a report on its outcome, and

(b) lay, or arrange for the laying of, a copy of the report before—

(i) Parliament,

(ii) 35the Scottish Parliament,

(iii) the National Assembly for Wales, and

(iv) the Northern Ireland Assembly.

(5) If as a result of the review the relevant Minister decides that this Chapter
should be amended or repealed, the relevant Minister may by regulations
40amend or repeal it (as the case may be).

(6) The power in subsection (5) to amend this Chapter—

(a) may be exercised for the purposes only of improving the effectiveness
of the operation of the power in section 59(1), and

(b) may not be used to remove any of the safeguards relating to the use or
45disclosure of information in section 60, 61 or 62.

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(7) The relevant Minister may only make regulations under subsection (5) with the
consent of the Scottish Ministers if the regulations—

(a) repeal this Chapter,

(b) amend or remove the power of the Scottish Ministers to make
5regulations under section 59(6),

(c) affect the disclosure of information under section 59 by a Scottish body
to another such body,

(d) affect the use by a Scottish body of information disclosed under that
section by such a body, or

(e) 10affect the further disclosure to a Scottish body by such a body, or by a
member, officer or employee of such a body, of information disclosed
under this Chapter by a Scottish body.

(8) The relevant Minister may only make regulations under subsection (5) with the
consent of the Welsh Ministers if the regulations—

(a) 15repeal this Chapter,

(b) amend or remove the power of the Welsh Ministers to make
regulations under section 59(6),

(c) affect the disclosure of information under section 59 by a Welsh body
to another such body,

(d) 20affect the use by a Welsh body of information disclosed under that
section by such a body, or

(e) affect the further disclosure to a Welsh body by such a body, or by a
member, officer or employee of such a body, of information disclosed
under this Chapter by a Welsh body.

(9) 25The relevant Minister may only make regulations under subsection (5) with the
consent of the Department of Finance in Northern Ireland if the regulations—

(a) repeal this Chapter,

(b) amend or remove the power of the Department to make regulations
under section 59(6),

(c) 30affect the disclosure of information under section 59 by a Northern
Ireland body to another such body,

(d) affect the use by a Northern Ireland body of information disclosed
under that section by such a body, or

(e) affect the further disclosure to a Northern Ireland body by such a body,
35or by a member, officer or employee of such a body, of information
disclosed under this Chapter by a Northern Ireland body.

(10) The relevant Minister may only make regulations under subsection (5) with the
consent of the Treasury in a case where the regulations could affect the
disclosure of information by the Revenue and Customs.

(11) 40Anything required to be published by this section is to be published in such
manner as the relevant Minister thinks fit.

65 Regulations under this Chapter

(1) Any power to make regulations under this Chapter is exercisable—

(a) in the case of regulations made by the relevant Minister or the Welsh
45Ministers, by statutory instrument, and

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(b) in the case of regulations made by the Department of Finance in
Northern Ireland, by statutory rule for the purposes of the Statutory
Rules (Northern Ireland) Order 1979 (SI 1979/1573 (NI 12)).

(2) Regulations under this Chapter—

(a) 5may make different provision for different purposes;

(b) may contain consequential, supplementary, transitional or transitory
provision or savings.

(3) In the case of regulations under section 59(6) which amend Schedule 8 so as to
add an entry relating to a person or description of person, this includes power
10to make provision in relation to information disclosed by that person or a
person of that description which is similar to that made by section 62 in relation
to information disclosed by the Revenue and Customs.

(4) A statutory instrument containing regulations made under this Chapter by the
relevant Minister may not be made unless a draft of the instrument has been
15laid before, and approved by a resolution of, each House of Parliament.

(5) Regulations made under section 59(6) by the Scottish Ministers are subject to
the affirmative procedure.

(6) A statutory instrument containing regulations made under section 59(6) by the
Welsh Ministers may not be made unless a draft of the instrument has been laid
20before, and approved by a resolution of, the National Assembly for Wales.

(7) Regulations under section 59(6) may not be made by the Department of
Finance in Northern Ireland unless a draft of the regulations has been laid
before, and approved by a resolution of, the Northern Ireland Assembly.

(8) If a draft of a statutory instrument containing regulations under section 59(6)
25would, apart from this subsection, be treated for the purposes of the standing
orders of either House of Parliament as a hybrid instrument, it is to proceed in
that House as if it were not such an instrument.

66 Interpretation of this Chapter

(1) In this Chapter—

  • 30“the appropriate national authority” means the relevant Minister, subject
    to subsections (2) to (4);

  • “enactment” includes—

    (a)

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

    (b)

    35an enactment contained in, or in an instrument made under, a
    Measure or Act of the National Assembly for Wales;

    (c)

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

    (d)

    an enactment contained in subordinate legislation within the
    40meaning of the Interpretation Act 1978;

  • “functions” means functions of a public nature;

  • “Northern Ireland body” means—

    (a)

    a Minister within the meaning of the Northern Ireland Act 1998,

    (b)

    a Northern Ireland department,

    (c)

    45a Northern Ireland public authority within the meaning of the
    Statistics and Registration Service Act 2007, or

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    (d)

    a person providing services to a person within paragraph (a),
    (b) or (c);

  • “personal information” has the meaning given by section 60(5);

  • “public authority” has the meaning given by section 59(14);

  • 5“relevant Minister” means the Secretary of State or the Minister for the
    Cabinet Office;

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

  • “Scottish body” means—

    (a)

    10a person who is a part of the Scottish Administration,

    (b)

    a Scottish public authority with mixed functions or no reserved
    functions (within the meaning of the Scotland Act 1998), or

    (c)

    a person providing services to a person within paragraph (a) or
    (b);

  • 15“specified person” has the meaning given by section 59(5);

  • “Welsh body” means—

    (a)

    a devolved Welsh authority as defined by section 157A of the
    Government of Wales Act 2006, or

    (b)

    a person providing services to a devolved Welsh authority as
    20defined by that section.

(2) The Scottish Ministers are the appropriate national authority in relation to
regulations under section 59(6) which add, modify or remove an entry relating
to a person who is, or a description of persons each of whom is, a Scottish body.

(3) The Welsh Ministers are the appropriate national authority in relation to
25regulations under section 59(6) which add, modify or remove an entry relating
to a person who is, or a description of persons each of whom is, a Welsh body.

(4) The Department of Finance in Northern Ireland is the appropriate national
authority in relation to regulations under section 59(6) which add, modify or
remove an entry relating to a person who is, or a description of persons each of
30whom is, a Northern Ireland body.

CHAPTER 5 Sharing for research purposes

67 Disclosure of information for research purposes

(1) Information held by a public authority in connection with the authority’s
35functions may be disclosed to another person for the purposes of research
which is being or is to be carried out.

(2) If the information is personal information it may not be disclosed under
subsection (1) unless the following conditions are met.

(3) The first condition is that, if the information identifies a particular person, it is
40processed before it is disclosed so that—

(a) the person’s identity is not specified in the information, and

(b) it is not reasonably likely that the person’s identity will be deduced
from the information (whether by itself or taken together with other
information).